HomeMy WebLinkAbout1978-02-06 (Regular) Meeting Agenda•
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CITY COUNCIL MEETING
February 6, 1978 REGULAR
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
February 6, 1978
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on February 6, 1978, at
7:35 p.m.
order. Mayor Pro Tern Mann, presiding, called the meeting to
The invocation was given by Reverend Helen Walk er ,
Esoteric Truth Center, 130 East Girard Avenue. The Pledge of
Allegiance was led by Boy Scout Troop #154.
Mayor Pro Tern Mann asked for roll call. Upon a call
of the roll, the following were present:
Council Members Williams, Weber, Smith, Har per , Clayton ,
Mann.
Absent: Council Member Taylor.
The Mayor Pro Tern declar e d a quorum present. Mayor Pro
Tern Mann stated that Mayor James L. Taylor was out of the city on
vacation.
Also present were: City Manager Mccown
Assistant City Manager Curnes
City Attorney Berardini
Director of Public Works Waggoner
Director of Engineering Services
Diede
.....Qirect!eE gf Finance/Ci Ly Clerk
-dames
Municipal Court Judge Parkinson
Deputy City Clerk Watkins
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COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE
REGULAR MEETING OF JANUARY 16, 1978. Councilman Weber seconded
th e motion. Upon a call of the roll, the vote result e d as follows:
Ayes:
Nays:
1\B &QAS I
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Qe~ncil ncmbcr Wayla11,
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cbuNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
Feb~uary 6, 1978
REGULAR MEETING:
The City Council of the ity of Englewood, Arapahoe
County, Colorado, met in regu1a t session on February 6, 1978, at 7:35 p.m.
order.
Esoteric
/
Mayor Pro Tem Mann, presiding, called the mee ting to
/
The in~ation was
Truth ,,e'enter, 130
/
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given by Reverend Helen Walker,
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February 6, 1978
Page 2
Absent:
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Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
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COUNCILMAN CLAYTON MO~HAT THE MINUTES OF THE SPECIAL
MEETING OF JANUARY 23, 1978 BE P V . Councilman Harper seconded
the motion. Upon a call of the ro , the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
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COUNCILMJ\ti.:~i~~~D THE MINUTES OF THE SPECIAL MEETING
ON JANUARY 30, 1978'f(lHf~!Ll'lf~'f."'~EXT COUNCIL MEETING ON FEBRUARY 21,
1978. Councilman Clayton seconded the motion.
Councilman Clayton stated thatu;;_s_t_~_o_r5\i __ e-~-t is du e to the
fact that the minutes are lengthlyf.-..Pthey had't'een passed out
shortly before the meeting; consequently, the Council had not had ~ time to read and 5! u iew them.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Clayton, Williams, Weber, Smith, Harper, Mann.
Nays: None.
Absent: Council Member Taylor.
The Mayor Pro Tern declared the motion carried
****** ~
Pre-scheduled visitor Milton Senti,w~~ pwese~~discuss
the Diamond Jubilee. Mr. Senti stated that Sam Love who was sc~
duled also to be at this meeting was unable to come. Mr. Senti ~
~ the events that the Committee has planned and requested fin-
ancial assistance from the Council$~ t;v~~.
In reply to Mayor Pro Tern Mann's question regarding the
items that are to be purchased and the repayment of the money,
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February 6, 1978
Page 3
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Mr. Senti stated he was under the impression that the mon ey wa s
to be a donation and not a loan.
City Manager Mccown stated that in his conversations
with Mayor Taylor regarding this, City Hi!Pil'3Qli'. H1.1Co1m i;;t;;it;e,e the
Mayor had implied the money was to be donated to the Diamond
Jubilee Committee as "seed" money and it would not have to
be repaid.
Councilman Smith stated he understood that Mayor Taylor
met with the Diamond Jubj)ftj_C,g!Jllllittee during which the Committee
stated that it would a~~elf at the end of the year and any
money that was left over would be paid back to the City.
COUNCILMAN SMITH MOVED TO GIVE $2,000 TO THE DIAMOND
JUBILEE COMMITTEE. Councilman Clayton seconded the motion.
Councilman Weber asked for clarification of the City
Manager's understanding on this matter.
City Manager Mccown reiterated that in discussions with
Mayor Taylor the money was to be given to the Diamond Jubil ee
Committee to use to get thSj.J.. operations underway and~ necessarily )
to be repaid to the City• :,we'lif there were any funds left over .
after the celebration or at the of the year, then perhaps ~·~""*' .. J
funds would be returned. City Manager Mccown stated that this
was his personal understanding.
Councilman Weber stated his personal understanding was
that the money was to be r epai d.
Councilman Smith stated that the idea of repaym e nt wa s
understandable since the ECBC.~~~turned money the City gav e to
them. Councilman Smith stated~s e d on the~ 1i ~~e purpos e
for the I?iamond Jubilee ... ~~leb_j:~ti~, ....!¥.1..S:o).lllcjJ,._ ~h~~s~ort
the Committee's efforts"7"1~~c~~ fo''f3'e'rep 1.
Councilman Clayton requ es t e d that the foregoing con-
versation be written in the minutes and the discussion be con-
cluded.with the understanding that if it is possible)the Com-
mittee-reimburse the City at the e nd of the year .
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Smith,
Harper, Mann.
Council Member Weber.
Council Member Taylor.
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F e b ru a r y 6, 19 7 8
Pa ge 4
The Mayor d e clare d th e mo ti o n carri e d.
Mr, Senti then discussed th e r e qu e st f or p e rmission t o
use th e (fentltl,)Recreation Center for some o f th e e v e nts the Diamo nd
Jubilee ~planned, specifically the f ash io n show and the me l o -
drama. Mr. Senti requested that Counc i l rev ie w th e ir policy on
the use of the Cent.J!.r and allow the Committ e e to us e it for these
e vents. Mr. Senti~ated the Committ ee would b e happy to work
with the Recreation Department to avoid any conflicts in dat e s.
dates
Councilman Clayton asked Mr. Sent i to provide specific
prior to Council's study session on March 6, 1978 for r ev i e w.
-t1't. Mayor Pro
ing J:i,f possibility
the Center.
Tern Mann al s o state d that the ~uncil is s tudy-
of revising the policy concerning th e us e o f
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Mayor Pro Tern Mann took the Chair's
from the agenda to present a card~from all the'""'~~=--.--.---,~
lations to Councilman Clayton and Mrs. Clayton
twenty-fifth wedding anniversary.
Councilman Clayton thanked the Council on behalf of
Mrs. Clayton and himself for the Council's thoughtfulness, then~
express e d his lov e and appreciation for Mrs. Clayton for the pa~
years of their marr!-ag ~~~ £::i?A'~~:~~
Councilman c1':;~~~·~~~troduced his daughter and stated~
that his son and his wife wer e unable to attend. ~
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ll,r~.ill~g.u-~P.,Y • .i.~i,t.g,r,JjqyJ;l5,. Al Thomas from the City of
Northglen~'1f""~rttecl a1re'so1.'ut~ the Englewood City Counc i l
thanking the Council for their support of Northgl e nn in th e DRCOG
208 Clean Wat e r Plan. ~ ~~<I"
Ma yo r Pro Tern Mann~ac c ept e d th e Re solution on b e half
of t he C ity Counc i l.
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P r e-schedul e d visito~s Mayor Bonni~~~\iiP~n,.?~1.~~ups~\A
wo man Norma Daly f rom the City of Edgewat e r~~,...
cu s ~he C i ty o f Edg e wat e r's campaign for "Kill The Cloud" which
i s th~tfight against pollution. Councilwoman Norma Daly stated~
t he surrounding cities had to accept partial responsibility for
the pollution probl e m that exists Denver. Ther e for e , these sur-
rounding cities collectively should help in the clean up and the
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February 6, 1978
Page 5
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prevention of pol~n. Councilwoman Daly stat e d that the Ci t y
of Edgewat e r has up with several ideas for this campa ign ;
one idea is the display of bumper stickers on cars with th e
slogan "I never drive on Monday" or whatever day the peopl e
ch~e not to drive. Councilwoman Daly solicited th e me mber s
of~ Council for their e ndors eme nt and left a s e t of bumper
stickers if anyone want ed to use them.
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Pre-schedu].f.lL'i}§it,,~r, ~~-sn Jli'12A~.pchmitz, 4275 South
Pennsylvania Street,~~"'req0'~£~ rename Duncan Park
to the John Rotolo Park.
In reply to Mayor Pro Tern Mann's question, Mrs. Jrrl
Schmitz state d that she had contacted Dir ec tor Romans of the
Parks and Recreation De partment who i n turned referred her to
the City Manager and the City Council.
Councilman Harper stated the park was school property
and the City leases the land for a park.
City Manager Mccown stated the City has a twenty-five
year l e ase with the school for the park;but,the real ownership
of the land is unclear due to a court decision several years
ago.
Councilman Smith stated Duncan School was named after
a school teacher and when part of the land was turned into a
park the name was carried over. Councilman Smith also stated
to separate the name without separating the property may pose
legal problems.
COUNCILMAN SMITH MOVED THAT COUNCILMEN CLAYTON AND
HARPER BE INSTRUCTED TO TAKE THIS REQUEST FROM MRS. JACKIE
SCHMITZ BEFORE THE SCHOOL-COUNCIL COMMITTEE AT THEIR MEETING
TUESDAY, FEBRUARY 7, 1978 FOR.INVESTIGATION. Councilman Web e r
seconded the motion. Upon a call of the roll, the vote resulted
as follows:
Ayes:
Nays:
Absent:
Council Me mb ers Clay ton, Williams, Web e r,
Smith, Harper, Mann.
Non e .
Council Member Taylor.
The Mayor Pro Tern declared the motion carried; and
informed Mrs. Schmitz that the Council would try to have some
answers for her in the next two weeks .
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February 6, 1978
Pag e 6
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Mayor Pro Tern Mann asked if ther e we r e any o th er visitors
in the audience wishing to speak to the Council on any issu es .
William And e rson, 4981 South Washington, appear e d before
Council and discussed several items. First, Mr. And e rson compli-
mented the Counc il for allocating funds to build the Sinclair Bath
House. Secondly, Mr. Anderson discussed his opinion ~the limited
amount of Engl e wood n e ws that is published in the S e ntin el and
stated that the citizens n ee ded a newspaper. Thirdl y , Mr. And erso n
stated the rug at the Halley Center needs to be r ep laced and the
Center is too c old. Fourthly, Mr. Anderson discuss e d his opposition
of the proposed Santa Fe annexation area becaus e of the e xp e n se to
service the are a. Fifthly, Mr. Anderson discussed his opposition
towards Engle~.PlYfP~~ pewer servicejto the propos e d d evelop-
ment for t he ~~astly, Mr. Anderson urged th e Council
to pass the flood plain ordinance for the protection of the citiz e ns
in that ar e a and not to be swayed by CONSENSUS.
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Mayor Pro Tern Hann asked~ere ~y other visitor;,d.J
wishing to speak to the Council on any issues.
Municipal Court Judge Louis Parkinson appea r e d before
Council and discussed his recommendations for chang e s in Muni-
cipal Court. Municipal Court Judge Parkinson r e ferred the Council
to agenda item -7e.
Councilman Clayton stated that thes e recommendations
raise several issues and asked if the Judge had discussed the
proposed upgrading of employees with the Dire ctor of FiD9~ce
and the City Manager; and if the Judge s~ll,.J\'as of ~~iginal
opinion. Judge Parkinson stated he had o~se d the matter
with the Director of Finance and the City Manag e r and was still
of the opinion that the Court needed to b e changed.
COUNCILMAN SMITH MOVED~GENDA ITEM 7E, "MEMORANDUM
FROM JUDGE PARKINSON TO MAYOR TAYLOR AND CITY COUNCIL CONCERNING
RECOMMENDED CHANGES TO THE MUNI CI PAL COURT" BE TAKEN OUT OF
ORDER, Councilman Clayton seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes:
Nays:
Abs e nt:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
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February 6, 1978
Page 7
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COUNCILMAN SMITH MOVED TO SET A SPECIAL MEETING WITH THE
JUDGE, THE CITY MANAGER, THE CITY ATTORNEY, AND THE CITY COUNCIL FOR
MARCH 13, 1978 AT 7:00 P.M. AT WHICH TIME A FULL PRESENTATI ON WILL
BE GIVEN BY ALL PARTIES INCLUDING LEGAL OPINIONS FROM THE CI TY ATTORNEY,
ADMINISTRATIVE OPINIONS FROM THE CITY MANAGER AND ANY ADDITIONAL
INFORMATION THAT JUDGE PARKINSON WOULD LIKE TO SUBMIT. Councilman
Harper seconded the motion. ~ ~~
Mayor Pro Tern Mann ~a~ee that th~ time of the spe~ial,/,
meeting might be changed,~ AJ..t ~ ~~ ~ ~
Councilman Smith requested that each proposed prese ntation
be submitted to each individual Council member in writing one wee k
prior to the meeting.
City Attorney
the Council be aware of
Court in Englewood fr
what has h~ppened, ·
was important that
of the Municipal
d di
Upon a
Ayes:
resulted as
Council Memb e rs Cl ayton, Williams,
Smith, Harper, Mann.
Nays: None.
Absent: Council Member Taylor.
The Mayor Pro Tern declar e d the motion carri e d.
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~ttj,, A,~Mayor Pro Tern Mann asked if there wer e any other visitors
~-~._...,__.,·~ e ~o addr ess the Council on any issues.
Mr. Tucker, 2204 East Dartmouth Circle, appeared before
the Council and asked for clarification from Councilman Weber on
wh e ther a petition could be presented at this meeting protesting
Paving District No. 25.
Councilman Weber replied that the petition could not
be prese nt ed until the n e xt public hearing which is scheduled
fo r February 21, 1978.
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"Communications -No Act i on Recomme nded" on the agenda
were received:
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February 6, 1978
Pag e 8
(a)
(b)
(c)
(d)
(e)
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Minutes of the Planning and Zoning Commiss i on
meeting of December 20, 1977.
Minutes of the Denver Regional Council of
Governments meeting of December 21, 1977.
Minutes of the Planning and Zoning Commission
meeting of December 27, 1977.
Minutes of the Public Library Board meeting
of January 10, 1978.
Minutes of the Board of Career Service Com-
missioners meeting of January 19, 1978.
Councilman Smith queried whether the Board of Adjustments
and Appeals had met last month and the omission of the minutes from
the foregoing list if they had.
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City Manager Mccown presented the minutes of the Water
and Sewer Board meeting of January 17, 1978 and asked Administrative ~
Assistant Hugh Brown to present the Board's recommendations.
Administrative Assistant Brown stated that the Board
has four recommendations, three of which are related to additions
to Santitation Districts and the other for a moratorium on water
taps outside the City. Administrative Assistant Brown stated the
Board wishes Supplement #8 to Valley Sanitation District to be
withdrawn for the time being unti~ it is rewritten to, include ,-1-.
certain restrictions. ~ ~ ~ :t; t:Jtv~ ~-clu,; ~
Admi~s~~V.£._Assistant Brown discussed the~
recommendation S ~e'hc-#57 to Southgate Sanitation District
which is the addition of eight homes.
COUNCILMAN WILLIAMS MOVED TO APPROVE THE WATER AND
SEWER BOARD'S RECOMMENDATION FOR SUPPLEMENT #57 TO SOUTHGATE
SANITATION DISTRICT. Councilman Harper seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
Nays: None.
Absent: Council Pro \Q...,yV\
The Mayor~declared
Member Taylor.
the motion carried.
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February 6, 1978
Pag e 9
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Administrative Assistant Brown discussed the Wat e r
and Sewer Board's recomme ndation for Supplement #58 to Southgate
Sanitation for an additio n of eig ht individu al office buildings .
COUNCILMAN HARPER MOVED TO ACCEPT THE RECOMMENDATION
FROM THE WATER AND SEWER BOARD FOR SUPPLEMENT #58 TO SOUTHGAT E
SANITATION DISTRICT. Cou ncilman Williams s e conded the motion.
Upon a call of the roll, th e vote resulted as follows:
Ayes: Council Members Clayton, Williams, Weber ,
Smith, Harper, Mann.
Nays: None.
Absent: Council Member Taylor .
Th e Mayor P ro Tern declared the motion carried.
Administrative Assistant Brown discussed the Water and
Sewer Board's recommendation forlrnoratorium on water taps outside
the City. Administrati ve Assistant Brown stated this is of con-
cern to the Board because the Allen Plant presen~is operating
at capacit n n a roval f rthe wat r ta~~-o_~tpjdp the
City mt'rri~tIT!"veA'ss istant
Brown stated the ar p moratorium on future
water taps ou~~ty until the Al en Plant is completed
wAieA ie a st i~two -three years .
COUNCILMAN SMITH MOVED TO APPROVEi THE RECOMMEN DATI ON
FROM THE WATER AND SEWER BOARD TO ESTABLISH A MORATORIUM ON THE
SALE OF TREATED WATER TAPS OUTSIDE THE CITY UNTIL THE ALLEN FILTER
PLANT CONSTRUCTION IS COMPLETE. Mayor Pro Tern Mann seconded the
motion.
Councilman Harper stated that he was not fa miliar with
the outside territory in which Engl e wood has sup plied water and
asked for clarificat io n on the declaration of a moratorium on
water taps/lindiv idually or collectively •
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City Manag e r Mccown stated that people must first be
refused service by the Denver Water Board before they can con-
tact~J1..~~e,x9od . City Manage r McCown pointed out the areas that
aret'~~viced it tA& priB@l'lt and mentioned that these areas
have been serviced by Englewood for many years. City Manag er
Mccown stated the City is relunctant to service any new areas
because of the system 's inherent problems . City Manager Mccown
stated that a new tap was approved a year or so ago; however, h~. :
improvements had to constructed by the developer himself ~~e ehe-~
ae11ilg~ever carried out,t.Re imprBue111eP1ee. City Manager Mccown
stated the maio,.problem about approving out side water taps is
the drain oPlw~r system for the citize n s of Englewood •
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February 6, 1978
Page 10
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A lengthy discussion then e n sued conce rning sew e r taps
and water taps; the City's obligations to service areas r equest -
ing permission for thes e taps; and whether a moratorium sho u ld
be a bl ank e t cov e rag e or wheth e r consideration should be given
to each individual r eques t for a tap.
Councilman Smith state d he was in favor of th e morat or ium
bec aus e he thought th e citiz e ns of ~n3l~wood would be prot ec t e d
against any decreas e in the wat e r liq .VY~ Councilman Smith al so
stated that approving individual wat!d tips.p laces the City in
precarious positions, i.e. approving~aler eap, because the
tap ..i,.8' next tee ~reviously approv ed tap.
l"fl4Af w.-~ rA..., ,,;~,,,1-, .:._
h.Counc1lmen Clayton, Harpe r, and Webe r e xpr es s e d ~~r1
eQrAQQ .~w~ the concep t of a blank moratorium which the Board
is requ e sting.
Upon a call of the roll, the vote resulted as follows :
Ayes:
Nays:
Absent:
Council Member Smith.
Council Memb e rs Clayton , Williams, Weber,
Harper, Mann.
Council Member Taylor.
The Mayor Pro Tern d ecl ar e d th e motion def ea t e d.
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City Manag e r Mc cown presented a r eq uest from Encor e ,
Inc. d /b /a / Sout h Door, 5470 South Broadway, for an annual re-
newal for a 3.2 beer license . City Manager Mccown stated that
the Chief of Police recommends app r oval of this r e que s t eve n
though their police r epo rt indicates a significant amount of
police incident r e p~~ity Manag e r Mccown ,wrsAer state d
the Chief of Police~m~enEed that the manag e me nt of th e South
Door is operating the establishment well and most of th e in-
cidents we r e minor.
COUNCILMAN WEBER MOVED TO APPROVE THE ANNUAL RENEWA L
OF A 3 .2 BEER LICENSE FOR ENCORE INC. d /b /a SOUTH DOOR, 5 470
SOUTH BROADWAY. Councilman Williams seconded the motion.
odLl~ Upon-nc· man (tl)e 's request, City Manag er Mccown
.>'1[o~-ri-f iea the p tan ~finitions of th e i dli i~e~~~~-· l -A.
.t.l...& t.lile Ji>gliee ~QparSIIIQAt. prnpal!'l!IB iH .ie11111!P'Pi...-~
~ p , I ~,"T"J..~ ~ 0 Mayor Pro Tern Mann comm e nted that the lifanagement
should be complimented and further e ncourag e d to call the
Police Departme nt on any disturbance.
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February 6, 1978
Page 11
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COUNCILMAN SMITH MOVED TO POSTPONE THIS ITEM UNTIL
THE OWNERSHIP OF THE SOUTH DOOR AND CAPTAIN FRAZIER CAN APPEAR
BEFORE THE COUNCIL. Councilman Clayton seconded the motion.
Councilman Clayton stated he thought the management
was doing a good job; however, he wanted them to meet with
the Council so they would know the Council is concerned.
Councilman~Smith stated the reason he made the motion
was that some of the disturbances are generated by a fight, etc.
and it is the Council's responsibility to show concern.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Smith, Clayton.
Nays: Council Members Williams, Weber, Harper,
Mann.
Absent: Council Members Taylor.
The Mayor Pro Tern declared the motion defeated.
Upon a call of the roll, the vote on the original motion
to approve the annual renewal of a 3.2 beer license for the South
Door resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Harper, Mann.
Council Member Smith.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
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COUNCILMAN WILLIAMS MOVED TO APPROVE THE REQUEST FOR
AN ANNUAL RENEWAL 3.2 BEER LICENSE FOR U TOTEM OF COLORADO, INC.,
123 EAST BELLEVIEW. Councilman Harper seconded the motion. Upon
a call of the roll, the vote resulted as follows:
Ayes: Council Members Clayton, Williams, Weber,
Smith, Harper , Mann.
Nays: None .
Absent: Council Member Taylor .
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February 6, 1978
Pag e 12
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The Mayor Pro Tern declared the motion carried.
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COUNCILMAN HARPER MOVED TO APPROVE A R~QUEST FOR
AN ANNUAL RENEWAL OF A LIQUOR-LICENSED DRUG STORA: FOR MR.
THOMAS J. GINTHER D/B/A CHERRELYN DRUG STORE, 4285 SOUTH BROAD-
WAY. Councilman Williams seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Memb ers Clayton, Williams, Weber,
Smith, Harper, Mann .
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
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COUNCILMAN SMITH MOVED TO APPROVE Tl~.)fE~,DM~~!.jDATION
FROM THE PLANNING AND ZONING COMMISSION DATED !!t'i::A~E f~l-76.
Councilman Clayton seconded the motion.
Councilman Smith stated that he took part in this
recommendation while he was on the Planning and Zoning Commission.
Councilman Smith acknowledged there were differences of opinion
on the Council and the reasons why. Councilman Smith further
stated that it was his personal opinion~ the Council was
using R.P.R. Brothers as a hostage for action from Larwin if
the recommendation was not approved.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Member Smith.
Nays: Council Members Clayton, Williams, Weber,
Harper, Mann.
Absent: Council Member Taylor.
The Mayor Pro Tern declared the motion d efea t ed .
Mayor Pro Tern Mann r e quested that the City Manager e x-
plain the reasoning behind the Council's denial of the Planning
and Zoning Commission. City Manager Mccown stated he thought
one of the Councilmen who voted against the motion would be better
equipped for an explanation.
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February 6, 1978
Page 13
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Councilman Weber volunteered. Councilman Weber s tat ed
that it was not the Council's intention to hold R.P.R. Brothers
hostage for a previously agreed upon subdivision with Larwin.
Councilman Weber stated the other members of the Council felt
to deny the recommendation was the only to find out what Larwin's
intention was for the total piece of property. Councilman Web e r~
stated the Council does not want to spot zone on a piece of pro-
perty that had previous-agreed-upon plans.
Mayor Pro Tern Mann stated if anyone was holding R.P.R.
Brothers hostage it was Larwin.
Councilman Weber stated Larwin did not develop the
recreation center in the middle and tried to sell the surrounding
pieces of property leaving a piece of undeveloped land which pro-
bably would remain undeveloped.
Councilman Clayton stated the Council's intentions
were to develop the land and approving the recommendation would
not carry out previous committments other Councils had made for
that part of the City.
Councilman Harper ~q~curred with Councilman Weber's
comments. Councilman Harperl'g'£ated that there will be future
development on the site but it will be under proper conditions.
Councilman Williams stated he agreed with the other
Councilmen's comments on denying the recommendation.
Councilman Smith stated he was amazed that this
Council would state that they are fulfilling previous commit-
tments from other Counci~when no member agrees J;.1:wrt the con-
tinuation of the development on the Larwin site would be bene-
ficial to the City. Coun~~th further stated that in
past Council discussions,Yno member_, in the endJdis-
approveq.of what was recommended to be built on the site in-
cluding~e sidents who J;i.ad" previously opposed it. Councilman
Smith stated that it should be understood by the residents
that the decision was not one-sided and it was his opinion~
the r esi dents in the area will continue to oppose any kind of
development in that area as long as they ~i~~
* * * * * .
City Manager Mccown presented a recommendation from
Municipal Court Judge Louis Parkinson to name Haydn Swearing en
as Associate Judge.
COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY ATTORNEY
TO PREPARE A RESOLUTION APPOINTING HAYD~ SWEARINGEN AS ASSOCIATE
JUDGE. Councilman Williams seconded the motion. Upon a call of
•
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February 6, 1978
Page 1 4
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the roll, th e vot e result e d as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams , Weber ,
Smith, Harpe r, Mann.
Non e .
Council Member Taylor.
The Mayor Pro Tern declare d th e motion carr ie d.
* * * * * *
Mayor Pro Tern Mann declared a r e cess at 9:30 p.m. The
Council reconvened at 9:45 p.m. Upon a call of th e roll, th e fol-
lowing wer e present:
Council Members Williams, Weber, Smith, Harpe r, Clayton ,
Mann.
Abs e nt: Council Member Taylor.
Th e Mayor Pro Tern declared a .quorum pr ese nt.
* * * * * *
INTRODUCED AS A BILL BY COUNCILMAN SMITH
A BILL FOR
AN ORDINANCE APPROVING A CONTRACT FOR THE EXCHANGE OF REAL
ESTATE WHEREBY THE CITY OF ENGLEWOOD, COLORADO, SHALL GRANT
CERTAIN PROPERTY TO THE ESTATE OF K.C. ENSOR AND THE ESTATE
OF K.C. ENSOR SHALL GRANT CERTAIN PROPERTY TO THE CITY OF
ENGLEWOOD, COLORADO, FOR USE AS A PUMPING STATION.
COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN OR-
DINANCE ON FIRST READING. Councilman Clayton seconded the
motion.
In answer to Councilman Clayton's question, City
Attorney Berardini stated that~tJl.~_eJ£1}..~n~~ ~d ·
to be e qu~l in property v alue ~fliT'l. -VI(..,
uoequ.w,.~ ~.
In answer to Councilman Clayton's question, City
Manag e r Mccown stated that the staff has properly investi-
gated the exchange.
In response to Councilman Weber's request for
a written appraisal for t~land, City Attorney Berardini
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F e bruary 6, 1978
Pag e 1 5
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stated h e would provide e ithe r the l e tter from th e apprai se r o r
surrogate material that will support th e e quality of t~e xchange
at the n ext regular Council meeting wh e n th e bill com e s,r o r fin a l
reading.
~Councilman Clayton requ e sted the City Attorn e y t o ~
provide the d eeds for this property at th e n e xt r e gular Coun c il
meeting.
Upon a call of the roll, the vot e r e sult e d a s fo llo ws:
Ayes:
Nays:
Absent:
Council Members Clayton, Will iams , Webe r,
Smith, Harper, Mann.
None .
Council Member Taylor.
The Mayor Pro Tern declar e d the motion carri e d .
* * * * * *
INTRODUCED AS A BILL BY COUNCILMEMBER CLAYTON
A BILL FOR
AN ORDINANCE CREATING PAVING DISTRICT NO. 25 IN THE CITY OF
ENGLEWOOD, COLORADO , OR DER ING THE CON~TION AND INSTALLATION
OF STREET AND ALLEY PAVING, CURB AND~ AND SIDEWALK IMPROVE-
MENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID
IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER
DETAILS ,
COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR-
DINANCE ON FIRST READINGL~.~~uncilman Smith seconded the motion.
~~t.Jv~~~~-~1->te,
COUNCILMAN SMITH MOVED TO AMEND THE MOT IO'& ~ DELETE
F ROM PAVING DISTRICT NO . 25 THE ALLEY EAST OF 3700 BLOCK SOUTH
BROADWAY AND THE ALLEY EAST OF 4000 BLOCK SOUTH BROADWAY. Council-
man We ber s e conded the motion .
Upon the approval of Councilman Smith and Councilman
We ber , Councilman Williams added to the motion the deletion of
the alley east of 4700 block South Broadway.
Mayor Pro Tern Mann stated that he has been contacted
to include the alley east of 4700 South Broadway.
Councilman Weber withdrew his second to the motion
to delete the all e y east of 4700 block South Broadway. Council-
man Smith withdrew his motion to delete same •
•
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February 6, 1978
Pag e 16
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Upon a call of the roll, the vote on the am e ndm e nt to
the motion resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, We b e r,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
d"' COUNCILMAN WEBER MOVED TO AMEND THE MOTION ;p!/' DELET E
FROM PAVING DISTRICT NO. 25 EAST AMHERST PLACE FROM THE EAST SIDE
OF SOUTH PENNSYLVANIA STREET TO THE WEST SIDE OF SOUTH CLARKSON
STREET FOR THE REASONS STATED IN A PETITION AND A COVER LETTER
SUBMITTED ON JANUARY 30, 1978, FROM THE HOME OWNERS IN THAT AREA.
Councilman Williams seconded the motion. Upon a call of the roll,
the vote resulted as follows :
Ayes:
Nays :
Absent:
Council Memb e rs Clayton, Williams, Weber,
Smith, Harper, Mann,
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried,
COUNCILMAN WILLJ AMS MOVED TO AMEND THE MOTION AND DELETE
FROM PAVING DISTRICT NO. 25 SOUTH WASHINGTON CIRCLE FROM THE WEST
SIDE OF SOUTH WASHINGTON STREET (APPROXIMATELY 5010 SOUTH) TO WEST
SIDE OF SOUTH WASHINGTON STREET (APPROXIMAT ELY 5050 SOUTH). Council-
man Clayton seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayo Pro Tern declared the motion carried,
COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION AND DELETE
FROM PAVING DISTRICT NO. 25 SOUTH WASHINGTON STREET FROM SOUTH SIDE
OF EA_aI.~JY\ND AVENUE TO NORTH SIDE OF EAST BELLEVIEW AVENUE. Council-
man ~econded the motion. Upon a call of the roll, the vote
r e sulted as follows:
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February 6, 1978
Pag e 17
Ayes:
Nays:
Absent:
•
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Council Members Clayton, Williams , Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declare d the motion carried.
COUNCILMAN SMITH MOVED TO AMEND THE MOTION AND DELETE
FROM PAVING DISTRICT NO. 25 SOUTH DELAWARE STREET FROM SOUTH SIDE
WEST EASTMAN AVENUE TO NORTH SIDE OF WEST FLOYD AVENUE. Councilman Weber seconded the motion.
Councilman Smith recalled the petition that was submitted
protesting the paving and stated that was •Ae rea3011 why he made
the recommendation; however, the residents should be made aware
of the fact it was the engineer's opinion that there was enough
seepage under the street to cause rapid deteroriation.
Mayor Pro Tern Mann requested the section from the staff report on this area be read .
,{,I.U Director of Public Works Waggoner read the section affirm-
ingAneed for reconstruction of this area on South Delawar e St. In
response to Ma~or Pro Tern Mann's question, Director Waggoner r e -
itereated the .Bepartment's recommendation was to reconstruct this area.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Smith, Harper .
Council Members Williams , Weber, Mann.
Council Member Taylor.
The Mayor Pro Tern declared the motion defeated.
An unidentified gentleman in the audience requested
Council's clarification for the taking of property by the City
from the owners for right-of-way ~~d requested that
a clause be inserted in the bill~-~ tne property owner in such a case.
City Attorney Berardini stated~ the provision
for the appraisal of properties for the taking of property
by the City for right-of-way purposes traditionally is
conducted later by resolution.
•
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February 6, 1978
Pag e 18
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There were no further amendments to the motion .
Councilman Smith requested the staff contact the
owners of South Huron Street and inform the owners of the dis-
cussions held at study sessions r~~~r1i~9...tAe gifi,g_rent e xpe n se
and durability of them personally~"1:n~e~~ asphalt
as opposed to constructing a new street with a curb and gutter .
Director of Public Works Waggoner informe d the Council
that under Section 6 of the bill the assessment of costs is $962,500
and the estimated City's cost if $195,400 approximat e ly .
Upon a call of the roll , the vote r es ult ed as follo ws:
Ayes : Council Members Clayton, Williams , Weber ,
Smith, Harper, Mann.
Nays: None .
Absent: Council Me mber T a ylor.
The Mayor Pro Tern declared the motion carried .
Councilman Smith requested that the staff report be
sent to th e petitioners protesting Paving District No . 2 5 .
Councilman Harper recomme n ded before another paving
district is formed , the Cou n cil .J;,(!"°give special consideration
to the paving of alleys and the assessment of costs for major
arterial or collector streets .
* * * * * *
City Attorney Berardi n i presented a letter from himself
to Mr. M. M. Summers regarding the Ci t y 's liabili t y in this matter .
City Attorn ey Berardini stated it was his opinion that the City
of Englewood has no liability to Mr. Summers or to anyone else
as a r es ult of the inspection of the repair of Mr. Summ ers 's
roof by Allied Roofing Company . City Attorney Berardini s tated
the matter was of a private concer n between Mr. Summers and Allied
Roofing Company and should be further investigated by Mr. Summ ers
himself. City Attorney Berardini further stated that the City
has no contractual relationship between Mr. Summers and the City
can involve itself in this cas e .
1~
In response to Councilman Smith 's question , City Attorn ey
Berardini replied that his letter and attached d ocuments would not
affect any future legal proceedings Mr. Summers may pursue against
the roofing company .
0
I • •
F ebruary 6, 1978
Pag e 1 9
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COUNCILMAN SMITH MOVED TO ACCEPT THE RE PORT FRO M THE
CITY ATTORNEY DATED FEBRUARY 6, 1978, CONCERNING T HE CL AI M OF
MR. SUMMERS AND THAT A COPY OF THE REPORT BE SENT TO MR. M.M.
SUMMERS. Councilman Clayton s e conded the motion. Upo n a cal l
of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Wi ll iams , We b er ,
Smith , Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion c a rri e d.
* * * * * *
City Attorney Berardini presented a me morandum from him-
self to the Council concerning the legal newspaper designation for
the City. City Attorney Berardini stated that his letter concludes
the Englewood Herald Sentinel is currently the only qualified legal
newspaper within the meaning of the Statue to which the City may
lawfully submit legal publications. )
COUNCILMAN CLAYTON MOVED THAT THE CITY COUNCIL APPOINT
THE ENGLEWOOD HERALD SENTINEL AS THE LEGAL NEWSPAPER FOR THE CITY
FOR THE CALENDAR YEAR OF 1978. Councilman Weber seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Weber, Smith,
Harper, Mann.
Council Member Williams.
Council Member Taylor.
The Mayor Pro Tern declared the motion c a rr ie d.
* * * * * *
City Manager Mccown presented a status r eport o n
the Public Improvement Fund balance for 1977 from t he Di r e cto r
of Finance. City Manager Mccown discussed the report and stat e d
that $20,000 is the e stimated amount to be left ov e r at the e nd
of the y e ar even though the figure is unaudited at this time .
COUNCILMAN SMITH MOVED THAT THE $20,000 NOW IN THE
PUBLIC IMPROVEMENT FUND BE DESIGNATED FOR THE MILLER BUILDING
IMPROVEMENT. Councilman Clayton seconded the motion •
•
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•
February 6, 1 97 8
Pag e 20
•
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Councilman Sm ith r eq u es t ed that a d e ta iled esti mat e
on the Miller Bu i lding b e provided becaus e of th e e scaluating
cost es timat e s that hav e b ee n speculated.
In answ e r to City Manag e r McCown's qu estion, Cou n cil-
man Smith stat e d a r~~glution n~ds to prepare d am e nd i n g the
Six Quarter Budget ..a:Mt-~~sentet,r"'at the n e xt r e gular Council me e ting.
Upon a call of the roll, the vote r esulted as fo ll o ws:
Ayes:
Nays:
Abs e nt:
Council Members Clayton, Williams, Web e r ,
Smith, Harper, Mann.
None.
Council Member Taylor.
The May o r Pro Tern d ec lared the motion carri ed .
* * * * * *
COUNCILMAN CLAYTON MOVED THAT THE COUNCIL STU DY SESSION
BE MOVED FORWARD TO 5:00 P.M. ON FEBRUARY 13, 1978, AND THAT THE
ITEM AT 5:00 P.M. ON THE AGENDA BE THE TOUR OF THE MILLER BUILD-
ING FOR THE CITY COUNWCIL AND TO INCLUDE MR. E. ROMANS AND WHOM-
EVER ELSE THE CITY MANAGER SELECTS. Councilman Smith seconded the
motion. Upon a call of the roll, the vote r es ult ed as fo llows:
Ayes:
Nays:
Absent:
Council Memb e rs Clayton, Williams, We b e r,
Smith, Harper, Mann.
None.
Council Memb e r Taylor.
The Mayor Pro Tern declared th e motion carried.
* * * * * *
City Manag er Mccown presented a memorandum fro m the Di-
r ector of Public Works and the Dir e ctor of Engineering Services
concerning problems the Ci t y is having in the repair of sidewalks
and curbs . City Manag er Mccown stated that the Dir ec tor of En-
gineeri ng Services a nd the Dir e ctor of Public Works is recommending ~ the City immediately send out notices to various property
owners to repair th eir sidewalks wit hin thirty days; a nd if the owners
did not do so, then the Ci ty should appropriate mon ey to repair
the sidewalks. City Manag e r Mccown stated th e Dir ec tor s further
recommend working w ith th e City Attorn ey 's office to effect a
better system under which the curbs, gutters and sidewalks can be repaired.
•
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February&, 1978
Page 21
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Director of Public Works Waggoner appear e d befor e Cou n cil
and discussed the recommendation.
City Attorney Berardini e xplain ed the City 's l eg al positi o n
and liability to repair the sidewalks under the Code. City Att o rn ey
Berardini stated it was his opinion to delay thes e repairs so that
they may be placed in a sidewalk district~~~~-
COUNCILMAN SMITH MOVED THAT THE CITY COU~CIL SEND EACH
ONE OF THE PROPERTY OWNERS LISTED A LETTER NOTIFYING THEM OF THEIR
THIRTY DAY REPAIR NOTICE AND THAT ·rHE STAFF PREPARE A PROCEDURE
OR A RECOMMENDED ORDINANCE WHICH WILL MORE ADEQUATELY TAKE CARE OF
SIDEWALKS IN NEED OF REPAIR IN THE CITY OF ENGLEWOOD. Councilman
Clayton seconded the motion.
City Attorney Berardini stated for clarification purpos es
that Council could commence authorization for the r ep air of the
sidewalks submitted on the list; howev e r, furt he r investigation
and research would have to be done in ord e r t o r ecomme nd any kind
of an ordinance change.
Upon a call of the roll, th e vote r esul t ed as follows :
Ayes:
Nays:
Abs e nt:
Cou ncil Members Clayton, Williams, Weber,
Smith, Harper, Mann.
Non e .
Council Member Taylor.
The Mayor Pro Tern declared th e motion carried.
* * * * * *
Ci ty Manager Mccown pre sented a me morandum from the
Dir ector of Public Works to th e City Manager concerning a street
sweeper justification and a r e quest for authorization from the
Council t o negiotate th e purcha se of th e sweeper .
Dir e ctor of Public Works Waggoner appeared before Council
and discussed the request. In answer to Councilman Smith's question,
Dir e ctor Waggoner state d that this sweeper with the desired features
is built by only one manufacturer and it would be useless for the
City to solict any other bids.
A lengthly discussion ensued concerning th e specifications
of the s wee per, the benefits of this particular sw e ep e r, and the
City's position in this manner of purchase.
COUNCILMAN SMITH MOVED TO POSTPONE THIS MATTER UNTIL THE
NEXT COUNCIL MEETING AT WHICH TIME THE STAFF PROVIDE COMMENTS CON-
•
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•
F ebruary 6 , 1978
Pag e 22
•
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CERNING THE SWEEPER FROM COLORADO SP~S AND ADDI T I ONAL BRO-
CHURES AND TECHNICAL INFORMATION Sill ING-THE SWEEPER .
Councilman Clayton s e cond e d the motion. ~
~ -Co~~lman Smith comment e d that th e s t aff~k no ws ~~ what wantain regards to a stree t sw eepe r; howeve r ,
the Council should also review th e t e chnical informa tio n and
b e made aware of the specifications p ri or t o tak i ng a n y kind
of action.
Upon a call of the roll, the vot e r e sult e d a s follows :
Ayes:
Nays:
Abs e n t :
Council Members Smith, Clayton.
Council Members Williams, Weber, Harpe r,
Mann.
Council Member Taylor.
Th e Mayor Pro Tern declared the motion d e feat e d.
COUNCILMAN WILLIAMS MOVED TO AUTHORIZE THE STAFF TO NEGIO-
TATE THE PURCHASE OF A STREET SWEEPER. Councilman Harper se c o nd e d
the motion.
Councilman Smith voiced his opposition to the mot i on
because he thought additional information on the sweeper sho uld
b e suppli e d for r e view and before permission to negiotat e i s gr a nt e d.
Councilmln Weber and Ge~Aeilffl&ft Harper agreed that t he
Council could depend upon the staff's expertise in a sel e ctio n of
a sweeper.
Councilman Clayton expressed his objection t o th e man ne r
in which th e matter has been presented to Council.
Upon a call of the r o ll, the vote r e sulte d a s follo ws :
Ayes:
Na y s:
Ab se nt:
Counc i l Members Clayton, Wil l i a ms , Webe r,
Harper, Mann.
Counci l Member Smith.
Council Memb e r Taylor.
Th e Mayor Pro Tern d e clared the motion carried.
* * * * * *
City Manag e r Mccown p re sented a memorandum from the Di-
rector of Parks and Recre at i on to the City Manager concerning
•
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1
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February 6, 1978
Page 23
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{~ Centennial Park Development. City Manager Mccown stated~ main
issue is Phase II for which the City is eligible for a federal
grant to assist in the Phase II development; however, the City
must match these funds to complete it.
COUNCILMAN WEBER MOVED TO POSTPONE THIS MATTER UNTIL
THE STUDY SESSION, FEBRUARY 13, 1978. Councilman Williams seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
City Manager Mccown presented a memorandum from th e
Director of Public Works to the City Manager concerning Little
Dry Creek and a conflict that exists for the proposed plans f o r
land from South Platte River Drive to Santa Fe Drive.
In answer to Councilman Smith's question, City Attorn e y
Berardini replied that the City would have to adopt a plan in ord e r
to detercrny-development in this area.
The Council decided to place this item on the ag e nda
for the study session on February 21, 1978 which is to b e g i n
at 5:00 p.m.
* * * * * *
RESOLUTION NO . 8, SERIES OF 1978
A RESOLUTION AMENDING THE 1978 SEWER FUND BUDGET.
A COUNCILMAN WILLIAMS MOVED TO PASS RESOLUITON NO. 8,
SERIES OF 1978. Councilman Harper seconded the motion. Upon a
call of the roll, the vot e resulted as follows:
Ay e s: Council Members Clayton, Williams, Web e r,
Harper, Mann.
•
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February 6, 1978
Page 24
Nays:
Absent:
•
• •
Council Member Smith.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
COUNCILMAN CLAYTON MOVED TO APPROVE THE PROCLAMATION
READ BY MAYOR PRO TEM MANN PROCLAIMING THE MONTH OF FEBRUARY,
1978, AS "TRANSIT AWARENESS MONTH". Councilman Weber seconded
the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Councilman Smith instructed the staff contact the firm
that installed the microphones in the Chambers to make a service
call and repair the system before the next Council meeting.
There being no further business, Mayor Pro Tern Mann de-
clared the meeting adjourned at 11:30 p.m.
Deputy City Clerk
•
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Moved Sec'lnded Ave Nav Ab s tain Absent
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M ed S OY ec'ln d d e A ve N ·av Ab sta n A bsent wn,,; ?rr.~ ___ .l v-
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ROLL CALL
Moved Seconded
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KOLL CALL
Moved Sec,nded
Wi f 1 f?r.°i---·~
Nav Abstain Absent
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Moved SecQnded Ave Na_y Absta n Absent
W11 1 'f i'r.:., -__ _T
' 1.1-1-.-~ ,-·-+---+----------1
1----~1-----4-•sm~11.ia:1t:.i..r. __ _..1 ___ -+----+-----+------i
Hara~-! 1-----1------+-....,C'!'l ..... avton·-~u...--:--,i----t---~----t-------,
1-----1-------L....;.M=ann !·---1----1------+-------1 '-----'-------1....~M,~a~~r Ta ~J3".ci_--J.___ ........ ____ .,_ ____ ~
rl;; ~ C p ~ I..,< l / y ,.., IU I -IA.____/ u ~
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RO LL CALL
Moved Sec~ d d n e --·---Ave Nav
Wil , ii'~., ---T Abstain Absent
I ,_,_ .. __ --·~
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RO LL CALL
Moved Sec()nded Ave Nav Abstain Absent Wi 1, ~-?~:;---·,---,-'-"""...,...-""~-=-;.:..:...--'-==~-
1----__.1-----~'-.ILCludi,..u:a..d"----------+-----+---------+------1 "5m1tr,
...._ __ __. ____ ~~~="" '!--.+------~----~ ·Mayo~_::_r~·1.______...._ _ ___. ______ .......... ____ __.
c{ (/;) v..// i)) -IJ i -tft--U -~(./( -:, / 'J<.J "'\ 'J J 1 '..;-7 / ? V
~flu fl-") -1'.U-'--' • -+l!... ) J 1~
J
I . •
• •
.I,
•
·-• -
Wi 1' ~ ?r-~ _T _A_ve"',--'N.:.:a:.l.1 vT~A!:.;bsLlt~a.!.!1 n~_JA~b~S!!en~tL_
1 --+---+Js!U'-epe,'-·-,r...r ,--'t---t-----+-===:::J
::im 1tr, 1 i---+---Wuit.•~02--u_ --·r, --,--1---~~-===J Clavton =:t"-..~~1--t-"--t--------~==:::::::::::::J
Moved Sec'lnde d
t----+----L2~~nn I .__ __ ....1-. ___ .L!~~ay_or T~Y.~.~u,-t--+----+--___:_:=]
~ ~) /) i, ,,....
I I 1 2 n, J!)
)r ) J:.,,,, _, I \I I)
•I
vC'U."-
, , v--.<. : 11 1 -1 ~\..u ' • ,.~
t ,. iU I •
,) <J ~71.c kt t
,
/a./.. I ' ) -( U,LA..)
I I
/),1( .)ti ."
I . .
• •
..I,
•
·-• -
-
..-a-----===========:__..,.2~:.;;;:;;;;;;;;;;;::=~=====:::==:!:::..:=~==:::::=--~~~-~=----...-c
Moved Seconded =-~T Ave 1 --'.:Na~r-...::A!!:b::..s .!:!ta!..!1.!.!n-r-~Ab~s!.!:e!!nl.t __
w;f~?1c~
I W<>h<>r
Sm1tr,
~;,rn!tl:_
Clavton
Mann
MayorTal'.) _ ' ---'---j·--+------+------1 :U _ ___._ _ ___.L ___ _..L.. ___ _J
c.r )r:y ,. A -u.-~ol u d.) ' .I J-, ... ,.../ .,.i,;10' ;J L<._.. /V ) )) f)
•
/ , I } 1 1) l l (Ya ~f
y h ,1 ~~
):i ; l
l,
!:--, I ~ u.
~
,t/,), "' >'
t .,, . ~
)} / .!.. / I I 1 ) ? I
c;) t /i ,/j -I
C.• ...
~ '"' ') I ...... • : I Ii I
I,
~..J
1c. ,!
r C,
I I ) • .I .>. ,:) ( .c(
))' / /I ../ I I I ' ?~ I
-"' / IJ d.. J I '° I 1') • t;JJ
{,I /1;1 I ~ -1
/ I ) ._, -'f.l ' t I "17 ~
/
,:J D u ,.J ,.. I, ~ • (
-r ~ r /1. L..J (}.
I ,. )) ,,
I /II/)
, (.v J tf >
}i t1-) I I V. I. ,v...J
L i~, ' ,I
f
I • •
·-
•
•
•
• •
ROLL CALL
Moved Sec()nded Ave Nav Abstain Absent
.._ .... v--:;___-+-----+-::::s1m.::..11:....:t::.:r' _____ -+1-.....,v~+----+-----+------i
1-------al-----.J-.!19.u~, ri.w:n~-1
/ ~
1-------,1------+-.,;C.!,;la::.,vr...,::ton '-' I Y""
t------11-----+-,..:M=ann I V ,._ __ __..__ ___ ...._1-1" ___ ,a::.yco: ... r_T~a ;:r~u ·--'~-+---1------+--v---.,,,---1
/, It I. ' ) I" / ./ ) ) , I
~· l ( ) ~ t) I { -f ( I J 7 /'))
J ,/
•
I • •
•
·-• •
Moved Sec ,nd ed A ve Nav Ab stain Absent
Wi1'i?r.:; ___ r--
I 1,1 .,1,..,,.
5m1t r, I -
lfa.-n~ I
Clavton ~ I
Hann i
May_~r Ta ,'.~_~G -·
p
o,'. ~ JJ'; ( ;)}){},
I
I;(-!1 (/ .-t
/> .,,4. Cf ?I ! / . .,, ., ) J
'In) ) ) A ,t..U J '.,I,_,' 0 (I " 01 -I ) .....
{ t f) I ~~>'u l-..,, A I V.1
(i(,.')J .l.v .
;I'
I I '('~/'' • ' ~ .,,I ., "-'
l ,, '-2 , ./ ,_,{_~(
I .I~ ' I ~ ,/
':.I I
I
('.I .., rH ... • t , ."2 1 /' ./ .J I I t ' ., I /, _.,.
(..
~ / --,c,u ' '._J .v. . -d
.
"''l.)W.. t~ ,I,,,, / (,; I ) J I I .f /a '-{ ~) r-/ (.. ( I
,tU-/f. ,, \. t f-1 1J ''C,.l t· yl t.t J
~u> ./ ,j,1~ ...... 11,
I
.. ) tf. ; C (.( p ,X ,.1 , I~
•
/J. o.· .t.i I I l) ')? I. ' ~ ~-().I/ ./ ./ .... ~
I,; J
r , cf J_ /,I.. (} I ') ~ t;,& b.u l t t I ) ~ , I t -
I . .
•
·-
•
•
•
• •
ROLL CALL
Moved Sec~nded A ve Nav Abstain
Wi 1' ~?Jr:;·-~---~T
' Wfth~~
Sm1t r, I ·-·
U'lrDtt_ ' Clavton ~1
Mann !
~a.Y.?.!:. Ta ~}~~-,
lj
I. '
I
lj .....
l
• o l~
"-/,,1,l.G.<.:fl\<J f; 1;/ ? )( ./ f
1) l, e,,,_l
dd 1'; •f) , )'1 ,/ c.., ...:.,I .L I,..
I ")IP!J.i .,. JI,
&.../ a , & • ,,
V
-/1)~, .,.
,I I
/ -~ Fi ...,,
,/.... • •• JI' "" n .,,-,0 ) , ' I
...
( I ) L, r>J "-' .. / > .. -v 1)&
, , I()>
. I ) I
, 1 J
•
Absent
I
., J I .f . \ . L
i 1 .-.. I l-1
; , j >'
.(
I • •
•
• •
Moved Sec~nded
wn,i n :.; __ .fJ! N av Abstain Absent
I u .. h ....
:im1tr, ---Haro~
Clavton L.--
Mann l
Ma .~~!_ Ta ~~~:U
~ /,n ~ o:., ..._· l(M ~.} ./v Sl--~ t , r~ {.,..v. ~
lu "'--' i [1 • ,_,, ~ -I (,I I a. , t ~ •• i f::t.AJv rf .,. "c;, ~
i' I ( 1~ ~ ci C; .2--I , ./ ;~ ~ ~W 0-U...-/ . .., / ' .,.......
I ·,...
l '<'V t~
u c.. C, \;)•r "'
t)l..1 UJ tf ' Q ...
(10 '-..-1 C'i ,· 11 1.H "'· ( £,{, <S 'a a.,v
'
'-..JJ I {) •
• I . •
• •
• ·-
• •
Moved Seconded Ave Nay Abstain Absent
Wi 11 ~ ?r.'.S -·,J ""V'°~:=-r-'-~r----"'""'""-' ......... -,--------''---"-----,
I WPhPr ·:-=:v:-:::::t---t-----i--------i
,_,..,---;,mi t r, ___ ..__ ........... £/-+---t------------i
J:ljro~. '--
t-----+--~-,::,--t--C':"-!l~a---vto:..:.n,_1""t--""''--t-"!"'~:>t---t----1--------i
Mann I ~ 1-----+----,~~l'l a.~~r Ta~r:-.cJ..---=c_-+---+----t--~v----:::--i
.,
• I .
\ • •
•
• •
ROLL CALL
M d S ove econ d d e A ve N av Ab sta n Ab sent
Wi l'~n·;;-__ _l ~
I l.lohor V
1,,,/ :im1t r, I ~ -u.,rn~. I , __
Clavton i,.,-I ·-v--Mann ! ,~
Y.a _y 9r Ta ~~~?U ~
I ?
f ') ) ) "'-J \ ~ I (, ,
V
I" >t!L •
<.__)) } ...::i; {_ I, , , .( :::a (;;.., f ~ I !,I. ,
I, 1-/. /c J
• 1; 4 I x /,,-ai,i ~ I ) (.., .__,Al I } J I /(._/
,, ~ 'I I (!...._, .t I f I
I V ~11,.~,1~/)) /'• , ./.,
( .... I J {;
V-'J '
I /, , ,· v.a ... t).t,, ,v I •" .,,I (_p J
J
1 1 (.1 JI . "'
I . .
• • -In
• ·-
• •
-
M d S d d ove econ e Ave Nav
Wi1 1ip~~ ~~~ Abstain Absent
Uahar
:im1tr, -
lfarn~-
Clavton I/"'
Mann t____
Mayori'a0~j__
o.J.A ·"' 1~ ~ </ ...0 -1,)'//-) & Ga
O v 1-tl d--I /
I w 1t
i ) ' CJ /}11 /' I
t) 7( ,r.,/,. /, ~;X) !(.) ---. '-'I
(
cfw I " v ~ Y.
• I . •
\ • •
•
·-• •
Moved s c d d e 'Jn e Ave Nav Abstain Absent
Wi 1 '-;?ri.°;--~-~J
' u~h-r
smnr, --14arnPr
Clavton v-
Mann I
~ayor Ta ,'.)_?r I
• I . .
• •
.,_
•
·-• •
ROLL CALL
Moved S d d ec,n e A ve Nav Abstain Absent
Wi1, i rr.-";,--:J
w-1..-~
Sm1tr, I ·--u~,..n~ I
Clavton -1
Mann •
Ma.voria0 _?U
(I)~-~ t ~~.w<IA .aahU
ft 10 . > . ~ 'X.. b.v {A_)--1 /X.J v""'
~1th->'>U-d di 8
0
• I . •
•
• ·-• -
-
,_
ROLL CALL
Mov A ve Nav Ab sta n Ab sent -~--~~l ~ ,...-
I
, ____
-I ~
~I I,.,-"
__ i I;"
a>'._·_:U ~
• I • •
\ • •
•
·-• •
-
" ed s OV d d ec~n l' A ve N av Ab sta n Ab t sen
V W1 P ~?~s ~T ~
I IJAhAI' : c.,--
:imnr, ,__ --V ~'lrO!tl'_ ~
Clavton V---I,,,,""
Mann 1 -
Mayor Ta y)~fQ ~
• 1 I • •
• •
·-
-
•' 0
•
/)~
._,/
/,
•
• •
iW LL CALL ----
Moved Sec-:>nded Ave Nav Absta n Absent
_______ 11-'-wi""1"_1,~· ?_rr-'.s·_-~-~T __ --4___::'-~,__---+-----i
' WPhPr L,,,-"'
~ ::m, tr, _____ _,_1_..,i---:::;..._-1-------------i
----+------'H"'!'la.._...ro!rr__ l '-""
Clavton v I i.--
• n, ~)[, U ' t:£u far ~ ay
/.L > 7J CLli..t y~ , ,,1.x:;, u >1 .fJ a u..-:t
I/
Oj ! c c,l C:-~ //J a l
#'l i L <.r.....)
..,_
1. ~t.4--( ( U "ly__,,
'--fu_.. jU/1 /:tU /'YlJ /_ ,.,_,, ,.._,,~ t..~ ,ti <, .~ It)
.,;.. /U t 4 ,,.. <U'c./)d,c..,<.,, )11.b /JJ.-c &u"n)-.clue.-/~ ./
;<t< ~~ u1--...
tJ /M ;t:iu ,/1' YI ~ l'U
fa I I t Ct)
u'. ~ J. r"" ,J. . 7'::,,,~
t ~~1 ~/J_.M.Att wf-u->)
' ,,.--~ / ~-~ u -/
J
•
I . •
•
·-• -
Moved Sec~nden -Ave Nav Abstain Absent
V Wi1 1i?1c:; .f ,~ I W-k-~
Sm1tr, --· Haro!:U:.._
Clavton I,,,-
Mann l
Ma.Y_?r Ta y)_~c_j_
T> '6. } J ) ru vlvC. V
MC.. ·) " ~~-0--.., ~
/; J
I _/ I ~/ ~,l.LJ_~ A
.Ir -~ /, _,,,
• I . •
• •
• -
• •
ROLL CALL
Moved Sec,nded A ve Nav Abstain Absent
Wi1 , 1 ?r.-~;----:r ......
I Wft'--~ _... ,,,,. sm1tr, ·-Mllra~r:_ ----· i---,.-Clavton ,_-J/
Mann I '-
Ma y_~r Tayr ?U ·---
l ' J t'
l -
'.)_,.J " )(} J U./lf v
t,"1 a.-1:eJ-. ~..).
0
.1 I . .
• •
•
• •
RO LL CALL
H ed S d d A Ab Ab t N OY ec1ln l' ve av sta n sen
Wi 1 1 'Pr.'._----·r==P-
I ' I ,,.\ -·
I u .. h .... ,,,,..
:im1tr, I
, __
-1-1,iro~-I , __.
Clavton ../ I ,,,,,_
Mann I ' --
Ma y~r Ta y_1~?U , __
L /i">'
0
• I • •
• •
·-
0
•
•
•
• •
Moved Sec~nded ..,..-A_v_e-.-_Na ..... 1v'-T""_A_b_st"'"""a_n-r-_A_b_s_e_nt _ ___,
V Wi1 1 t ?r.-s·-~J _t.--==---+---1------+------1
' W1>h1>r ' V--
::m1tr, --~ '•''-::::;.....1--........ -----+-----i
,__.-Hara~.~-~'---='~--+-----t--------1
1-----------,~Cc.:.l=-avi-:.::to=n'-~"""-~'r--,.,,,,,...----c~,--+----r------,
i------1----~M=ann l,_.1,~c:;:__-+---+----+-----1
..__ __ __. ____ .__ M,-"--ay<?r TaY.}.:U. _ __..___~-----"--',__-"'-----'
•
I . •
•
....
•
• •
Moved Sec 'lnded Ave_"""""'"Na=-1 v...._---'-A"'b.:..s t;;.;;a:..;1-'-'n~_A;;.;;b;;.;;s""e.;.;.n t.a.....__,
J..,.,,--Wi 1' ~ ?~:; i __:,_-~ __ ...__ ___ ...,. ____ --1
1 u-'-"r --·-•-
1---,--,,,,,.....+---~~..;;;.Sm'"'"11'-'1t;..c~~~-----+-~1ie:::. ~~---+---------1-------I
V'"'" Haroirr_ __ ...__.•i.-s::'=----'------+-------1
L---~----~C!..!l.:::.av.r..:te,:,O::.:n.~'-'"==--1-_.. 'I!:::., --...... -4----+------i
1------i----...._,,Ma,:::.:.nn l,__;~:::.-.-1, __ --"'"-----+-----r Ma.v o~}Q. _ __Jc.___...i... ___ --1_.;;.t--__ ___,
I . .
·-
•
•
• •
Ave-,-....,N-::a'""'"v---'-A-'-bs""'t=a-'-'n'--T--"-"Ab~s=en""'t ___ __,
Wi 1' ~ rr.-:; ___ J __ --t_i--_t-----t------1
I 1.1,.1-,,.,-,,_.--
:>ml tr, ---_--+l-,__--+----1-----1--------1
Moved Sec~nded
J./
~---+----1-1!1-l~a,rLl"o~---._' _-4-_..,==-~,-----4---~ ,~ Clavton .__. I V--
Mann ' ~ i---------t-nM~aX.'?!__3Y.y}d_'---~--11c:;._+-----+---,------1
f(e)
l --:,'
)
(/ J t'
o.V,I I
?.:ci
) ju
r , )
? t,, I
--.
() ..
_ -1
/
/,. .,l
I' f'
)•/
~ J )
1-) -
.I I
'
dJ
.)
; ,.,,
/' _.., :tJ-3/-1 ~
-l.~<,1t_l;J _
I
),I LI. 7t r: ( I ,, li1 .,
/t jl ) J / J(_-h I l/ < ;,,
J "o~·::,,)..t ,t,1-t
'v • J-·<..l?l
~~ ......... V
I • •
..__
•
·-• •
__ ..-...
_.
RO LL CALL
Moved Sec!lnded Ave Nav Abstain Absent
V w1 fn ?~s-=--...=-:r v-
IJfthft .. 1.,-
Sm1tr, I I----u .. rn .. r I I ~
I/ Clavton ,__ I ...-
Mann L~
May~~~r:r ·1 J..--
•
• I . •
• •
-
Moved Sec d d ,n e
•
•
•
._
J
•
• •
RO LL CALL
I Wi1,, .--_ Ave Nav
I I ? r.-, 1 i--z;::.::-
I Uftl.ftr' ·: /:_;;
:>m1tr, 1 t--
lborn~ • o , _
Clavton ~l , _
Mann i ~
May_or T~YX:Ll
Abstain Absent
I
I . •
•
·-
•
•
•
._ ,
•
• •
RO LL CALL
Moved Seconded A ve N av
Wi 1' i ~r.-:; ~:1 <..--
I Wfthft-v-
J/ smn r, I ·~ ---
14'1rD~-l c..--
t,--Clavton .,.....-, i,........-
Mann I ,,~
May_or Ta_y]~: !:_j_
~, '
./ti'
)J /c .( l t:(.,(_ ,~ -
~ ( z':)v ~ j I, fu <;
)! I J 0 1{ )) -'1;lV
Abstain Absent
c.--
,
j ~t(, ){}Ii I ){.• A. ,<7_.e : ) p 'i.;/ <..., v,.-J -r, ,) ~ ./ f L.,
(/
l l <-(
/;Jr I '(; ( )"-V -
,
I .
ROLL CALL
"'eel s dd OV econ l' A ve
WiP~?rr.s--_.f
IJ<>h<>r .......--:im1tr, --Harn~
/,,/' Clavton ~
Hann
Ma~or Ta ,'.)_,!:__l_
•
._ ,
•
• •
N av Ab sta n Ab t sen
I . •
• ·-
• •
ROLL CALL
Moved Sec~nded Ave
Wifni'r.:~~~
Nav Abstain Absent
, ~ I Uahar .
J/ :im1tr, . . -u .... n~ I
Clavton L..---Mann I i--
1"'!!!1_2r Ta y)_?U ,__
.3-100 £1~ -~
"'I o~~ S 13 ,,u-~
%~&.
l
•
• I . •
• •
....
I
• ·-
• •
ROLL CALL
Moved Sec ()ntlaf! Ave Nav Abstain Absent 1---,--. ,,, ____ v ___ w'""n"""",-''f.i'_rr._.~ __ -J_'-""""" __ .._ ____________ _
L' I IJ on O W' i-,,---
/} ,r "h'-VJ
•
• I • •
•
....
• ·-
• •
Moved Sec~nded Ave Nav Abstain Absent
V Wil 1 ~ pr.;;; __ _f ,.__--
Ufthft,--:im1tr, I ,._... ~----·
M,irn~-I ,__..
i.--Clavton L--"1 ,.,.....
Man~ __ .I ~.
May_~~--?Ll -
. ; (.,.,C,
•
• I . •
• •
• ·-• •
Moved Sec ()nded .;...;A .... ve=~--"N..:.::a..._ v_""'Ab::.:s;..;t""a~1 nc:....,.__..A.::b~se::.:n.:.:t:..-_
Wil'~?~S---=-~~r:-=~~-4-----4----...j._-------1
1 UahaW" ' ,,_-
:im1tr, __ .._1_....:::,.,..._~---+------<~----l
t--Mii rn!tl:.__ ! • --I/ Clavton -~--+-v.AC:..+--1-----4------1
---------~="" !.~v--~--~----"'-------1 ...__ __ __.. ___ __.~~.!!?1or Ta y]:!:...i_ _ __. __ _._ ___ __.. __ '-"""" __ ~
t,<)v.-v l ))
•
• I . •
• •
• ·-• •
Moved Sec~nded A ve Nav Abstain Absent
Wi1, i ?r.-,;-=-~ -J -, '--"-
J/ ~ Uftkft~ ~
V Sm1t r, I ---· lh~~~ -~-
Clavton ~ ·~ Mann ' ...,_.
May_or Ta y~~?U I.,-
~ s ~~AO. St ,
75'. ~ ~ ./J-J-'-~
!1
y5rt
J, ..a_ .. -"""""}')
'zl/ o. )"JLJ µa/J,_d} ;(! 1
uu /cJ C{)l 5ltt-U ~ 4Y1
•
• I . •
• •
I ,..
-
._
I
•
• •
-'~---=-=-::_::__:::~-..'.'.'.'.:-=::':'.==:::.::===========--------------------
ROLL CALL
Moved Sc d d eon e A ve Nav Abstain Absent wnT:?r.-s ---T
' Wai..,,,.-
::m1tr, I -
1-larn~-I
Clavton I
Mann !
Ma y_~r Ta yX::r I
C( J ,U_/}}~ kJ), i ~x.)
J_ fl 6 .,, ;,J ,q4-! J;,.,m ;-r . ""' h -J
a ) { y nw ) l A !iZ.t ) l q,_ ?-A p . /.,I ~ I Jt I
J J . !.Iv v O' ,;
CJ-i ,t . I I lvt ~/JU
~,(_ )ltfu I a il ()0A ii I J t I ti-.) 1 1h r 1>1f(T17.) U'
•
•
\ •
I . .
In M
L.
I
• ·-
• •
RO LL CALL
Moved Seconded Ave Nay Abstain Absent 1----,. _____ w_i_n_~?_~_s ___ r_k":" _____________ --t
Wohor_· V-
~----t----t-~:,m~11i;~n __ ·_-t -_v--+---+-----+----t
J-laro!tt_ v-~ .......... ~---1r----"t-';C~la~1vton ~ '--
Mann l .......-r------,r-----r-n,...!:.....c=-a~!?r Ta .>'.).~Q:--""'--t·---t----.,..._-.___.-~
.
l}v u)1
,
) 1 a ) t2.. ) ,a. ., ,
I .
• •
L
'
•
• •
--~---=-~-----~=-=---------.:..::;=:._;::;:-------·---
Moved Sec~nded A wn 1 'f?r.'.s · ___ J ve N av A bsta 1n Absent
Wohor
:im1tn ---Hara~
Clavton ,_
Mann
Ma.}'.9.!:_ Ta yJ:"Q_
f; ~~ t, -a A,.,
;<U >1-/. .f.J
C{/A
~# ;te&nt i.,L..-,t /OJ..:; I' 0.. f t.Le_) j /a 1,, l-l cl<.. c ~) ~~ ~ ~/tr : "< l ,J "r ), -::i <. ! / ~ (.)
•
I . .
Moved Sec~nd d e
./
I/
T~
.._
I
•
• •
ROLL CALL
_J Av':-, Nav
WiPii'r.S
LI-'---.__
:im1tr, ~
lb~n!U:__ -I
Clavton -r;;, ----,;;;,
Mann 1 ~
Ma~or Ta_y}_fQ_
Abstain Absent
IL --
Co(e) ~U l?I , ii ·Ff;-~ s ~ l ~)) ".a.i::,~ }) ))
.I -r
r)
C
I { \AA '\
~i
di -, ~ v L-A t:1 -~ -"f ;,
~ >~ J. ( ~ /' /jf /( J 4v.1 >•' ,u
• •
I . .
·-
•
Moved Sec~nded
1./ '
/-
I/
,._
I
•
• •
A wn, fi·r.-s·--~T~ Nav
I,..-
Ufth,.,.. ,_
Sm1t r, 1 ~
Marn!tl:__ ---i ,.---
Clavton I--I ,
Mann Lk:-:-
Ma :~~.!:. T~y)::Q -
-------~
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Moved Sec,nded A --·----__ ve Nav Abstain Absent
Wi P ier.-s _ _f t.---"
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ROLL CALL
Hov eel s ec1lnde d A ve Nav Ab sta n Ab sent
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Moved Sec'Jnded Ave Na.v Abstain Absent
1------+---~_..::.W.!..P!.-.' 1 'f, i'Tr.S ,-;::::-.---"'=--,....-~.::..::.:~~-!.::=~-....
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RO LL CALL
Moved Sec'lndl'd
17 Smfir,
t----+--:--.,--l_gH14a,rIJl.n,~ --t--""v--'--t-,;---:: __ l-----+------1
,.,.,.. C 1 a vton 1---v--
i----+----l......!:Ma!!!nn ! j __.. .__ __ ....__ ___ L..!.M!'.!.lay_~r Tai.]_~--t-1o=::=.+----+---:i_.;--:~-I
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Moved Sec~nd d e Wi1-;--:,------_T Ave L,'
Nav Abstain Absent
• ,?lcS t,.--
1.1 .. 1, .. -----... L--
~m itr, 1 i.----v I-la rnirr_ -! I __..
Clavton I _,,.. I v-
Mann L.~
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-
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ROLL CALL
Moved SecQnded Ave Nav Absta n Absent
, _,... Wi 11 i ?r.:s ~T -._._"'"""--.---'--~--'--''-'----~---------,
L,.,,--' I t.lolo.oW' L.--
Clavton i---I i.---
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• I . •
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C,
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•
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Moved Sec~nded Ave Nav Absta n Absent
WiPiP~s·-__ _I
I IJDl,D,-,--+---+------------t
1------t----+-::i;;,;.1m,;..;11-='-tr, _____ -+---+----+-----+------I
l------f----~~~a,r-"'n'~--.---+-------+-----1--------t Clavton V
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e A Jt tv rJ' ( ,J ,_
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Moved Sec~nded Ave Nav Abstain Absent
L,,,,, Wi 11 'f ?r.-s ~:J .__
1 Uahar ,__-
~m,tr, ,_
-v--MarnPr ' .
Clavton ,__. ·-Mann -·~ Mayor Ta .x)_;~ ,__
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-
Moved Sec~nded ~A .... v~e·~--"-Na""1v..._---'A-b_s ... ta"-'-'n'-r-___ A"""b ... s .... en_t ___ __, Wi 11 i ?~S--~:r_.::....-_..__ ____________ --t
V I Wal-,..r ' .i..-
:im1 tr, ____ 41 _ _.,...,-~---+-----i------,
Haro~ I 1.-1---,-___..-=-1------+--':C'!'l ..... avton ~I ,__
Mann l L,," 1----------+-nM,=ay_or Ta y)_:u·--"~-+-----jf------+----:-'------1
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ROLL CALL
Moved Sec:>nded Ave __ __,!!:Na.1 v_-.a.:.Ab::.:s:...:t=.a 1.:.cn:.....,..._.a.,;Aa:a;bs:.:e;.:.;n..:;.t _..., wn 11 /'r.-~ _____ .___..._ ___ __... ____ -.:i
1------+-----+....::>""m-'-1, t:..;.r''-------+------11--4-----+-----I
l-----+----+-'H.l.!L'-l<arn~----..._-~------"'------1 Clavton
Mann ! __ -L---'-----------1 1-----+-----+--,Mi"'-,a"'-y_~r Tay]_?~---'--~---_,_ ___ ___.
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•
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M eel S OY d d ec'.ln e A ve N av Ab sta n Ab t sen
V Wi 1 , ~ ?rr.i-~~:r-
I w,.i,.,.,. ~m, tr, -1-!;i rn!tl:__
Clavton , ---
Mann
Ma .~l?r Ta y]_1Q
I
)Ud-
• I . •
• •
(
(
•
THE
•
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AGENDA FOR THE
REGULAR MEETING OF
ENGLEWOOD CITY COUNCIL
FEBRUARY 6, 1978
7:30 P.M. Call to order, invocation by Reverend Helen Walker,
Esoteric Truth Center, 130 East Girard Avenue,
pledge of allegiance by Boy Scout Troop #154,
and roll call.
1. Minutes.
Minutes of the regular meeting of January 16, ,'~)·
(' ) I .'r"" 1978. (Copies enclosed .)
I 'jh) Minutes of the special meeting of January 23,
t 1978 . (Copies enclosed .)
/ \ Minutes of the special meeting of January 30, \ c'' (c
1'v J.\'1 1978. (Available at session.) ) , /' ;:
2. Pre-Scheduled Visitors.
v1 a)
~(b)
v <c)
~(d)
Messers. Milton Senti and Sam Love will be
present to discuss the Diamond Jubilee.
(Copies enclosed.)
Mayor Al Thomas of Northglenn will be present
to present City Council a Resolution thanking
City Council for their support of Northglenn
in the DRCOG 208 Clean Water Plan. (Copies
enclosed.)
May or Bonnie Allison and Councilwoman Norma
Daly will be present representing the City of
Edgewater to discuss "Kill The Cloud ."
Mrs . Jackie Schmitz, 4275 South Pennsylvania
Street, will be present concerning the renaming
of Duncan Park . (Copies enclosed .)
•
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Page 2
February 6, 1 978 Agenda
Other Visitors.
Communications -No Action Recommended .
(a)
(b)
(c)
Minutes of the Planning and Zoning Commission
meeting of December 20 , 197-8'.1 (Copies enclosed .)
Minutes of the Denver Regional Council of
Governments meeting of December 21 , 197-8".1
(Copies enclosed.)
Minutes of the Planning and Zoning Commission
meeting of December 27, 197.8'.1 (Copies
enclosed.)
(d) Minutes of the Public Library Board meeting
of January 10, 1978. (Copies enclosed .)
(e) Minutes of the Board of Career Service Com-
missioners meeting of January 19, 1978 .
(Copies enclosed .)
5. Communications -Action Recommended.
r
(a) Minutes of the Water and Sewer Board meeting
of January 17, 1978 with the following recom-
mendations :
',
(i) Supplement #8 to Valley Sanitation .
District ; wc:C/Ql-i,~ ~-r; /1,.L ~ .. t. , i/-:u.t:.. , , .J
Supplement #57 to Southgate Sanitation
District;~
J,-"'(iii) Supplement #58 to Southgate Sanitation
District ; and ().,/i ,v t.ol.,
v (iv) Moratorium on water taps outs i de City.
di ,·I--~""-0' (Copies enclosed .)
y"(b) Council action request form for Encore I n c .
d/b /a South Door, 5470 South Broadway reques t -
, /j.-ing an annual renewal for a 3. 2 beer license .
(Copies enclosed.) I • •
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Page 3
February 6, 19 78 Agenda
5 . Connnunications -Action Recommended (Continued).
~)~_/Council action request form for U Tote M of v' '~,q-Col orado Inc ., 123 East Belleview requesting
an annual renewal for a 3 .2 beer license .
(Copies enclosed.)
~d)
Ob'J
J
Council action request form for Mr. Thoma s
J. Ginther d/b/a Cherrelyn Drug Store, 4285
South Broadway requesting an annual renewal
of a liquor licensed drug store . (Copies
enclosed .)
. / (e)
V /J~ Recommendation from the Planning and Zoning
Connnission concerning Hampden Professional
Park Subdivision. (Copies enclosed.)
~f) ietter from Judge Parkinson to Mayor Taylor ~~~~d City Council concerning the naming of
11,~ ydn Swearingen as Associate Judge. (Copies
6. City Attorney.
Bills for Ordinances.
(a) Bill approving a contract for the exchange of
real estate whereby the City of Englewood
shall grant certain property to the estate of
K. C. Ensor and the estate of K. C . Ensor
shall grant certain property to the City of
Englewood for the use as a pumping station .
(Copies enclosed.)
(b) Bill creating Paving District No . 25, ordering
•' 1 ~~ he construction and installation of street
r I and alley paving, curb and gutter and sidewalk
improvements; providing for the issuance of
1 bonds in payment for said improvements ; pro-
viding for notice to contractors and other
details. (Copies enclosed .)
Other Matters.
(c)
7./City
(a)
Attorney's Choice. h.
'1)V Y'I
Manager.
we, lC.l'
()) (UI ll
J
Mem orandum from the Director of Finance to
the City Manager regarding stat us report
on PIF Balance -Miller Building Renovation .
(Copies enclosed .)
I • •
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Page 4
February 6, 1978 Agenda
7 . City Manager (Continued).
b)
, J.1•
(c)
Memorandum from the Director of Public Works
to the City Manager concerning concrete side-
walk and curb repair. (Copies enclosed.)
Memorandum from the Director of Public Works
to the City Manager concerning a street
sweeper justification. (Copies enclosed.)
n,•~ ~ d) Memorandum from the Director of Parks and
.;· ~'l. Recreation to the City Manager concerning ~ \~ Centennial Park Development . (Copies enclosed.)
,,fe ) Memorandum from Judge Parkinson to Mayor
\,/'' Taylor and City Council concerning recotmnended •' ' t\' changes to the Municipal Court . (Copies
, 1 enclosed .)
(h)
ijemorandum from the Director of Public Works
~o the City Manager concerning Litt le Dry
Creek . (Copies enclosed.)
Resolution amending the 1978 Sewer Fund
Budget. (Copies enclosed .)
Manager's Choice .
8 . General Discussion .
(a) Mayor's Choice .
(i) Proclamation proclaiming the month of
February, 1978 as "Transit Awareness
Month." (Copies enclosed.)
0 Councilman's Choice .
9. Adj ournment.
0i!!tL-
City Manager
•
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n
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MEMORANDUM
TO: Mayor Taylor and Memb ers of Englewood
City Council
FROM: Bernard V. Berardini, City Attorney
DATE: February 6, 1978
SUBJECT: Claim of Mr. M. M. Summers against Allied Roofing
Company of Denver; municipal liability.
Several weeks ago the Council referred the matter of a
dispute between Mr. Matthew M. Summers of 3140 S. Delaware
Street, Englewood, Colorado and Allied Roofing Company of
2182 S. Fox Street, Denver, Colorado, to me for an opinion
relative to the City's liability for inspection under the
Uniform Building Code.
I will not recite the statement of facts inasmuch as I
have attached to this Memorandum an additional memorandum
under date of December 30, 1977 from Gary Pittman, Chief
Building Inspector to Rich Wanush, Director of Community
Development, which essentially sets out the factual information
given to this office regarding the matter . In addition, I
have attached a copy of the letter from Mr. Summers to
Allied Roofing Company under date of November 8 , 1977 together
with Building Permits issued on November 15, 1976 and January 21 ,
1 9 77.
Apparently the question presented is , under Colorado law
is either the City of Englewood or its Employee liable to
Mr. Summers for any wrongful act on the part of its inspector
in making the roof inspection and approving the same as
meeting the minimum requirements under the 1976 Uniform
Building Code.
It is the conlcusion of this office in reviewing the
applicable law dealing with municipal liability contained in
57 Am Jur 2d §86, McQuillin on Municipal Corporations §24.501
et seq., as well as the Colorado Governmental Immunity Act of
1971 C .R.S. 1973, 24-10-106, no basis exists upon which either
Mr. Summers, Allied Roofing Company or any third person would
be entitled to damages from either the City of Englewood or
its Employee in any amount whatsoever.
BVB/pa
Enc.
cc: Andy Mccown, City Manager
<-.,.
•
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CITY COUNCIL M.t:ETING
February 6 . 1978
,·
ORDI ANCE # 3 . 4. 5.
RESOLUTION II /. 9. 10. 11. 12
•
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.~~=======......._. _____ _
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
January 16, 1978
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on January 16, 1978, at 7:40 p.m.
Mayor Taylor, presiding, called the meeting to order.
The invocation was given by Mr. Werner Schnackenberg.
The Pledge of Allegiance was led by Boy Scout Troop 192.
Mayor Taylor asked for roll call. Upon a call of the roll, the following were present:
Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor.
Absent: None.
The Mayor declared a quorum present.
Also present were: City Manager Mccown
Assistant City Manager Curnes
City Attorney Berardini
Deputy City Clerk Watkins
• • • • * *
COUNCIL MAN SMITH MOVED TO ACCEPT THE MINUTES OF THE REGULAR
CITY COUNCIL MEETING OF JANUARY 3, 1978, Councilman Mann seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Weber, Smith, Harper, Clayton,
Mann, Williams, Taylor.
None .
The Mayor declared the motion carried.
• • • * * *
Pre-scheduled visitor Dick Richards, 1090 w. Oxford, Co-
Chairman for the Long Range Planning Committee of the Englewood School
•
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I r,
January 16, 1978
Pa.,e 2
•
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District appeared before Coun c il nd prese nted a request for
assistance f r om the City Counc i l in establishinb a school-com -
munit; committee. Mr. Richards referr d o a report that has
been prepared 3tuJ1in6 the causes and ef-ects of ?rob:cms ·n the
En 6 lewood School District and stated that he had addi tion 1 copies
of the r eport with him if an1one needed one . Mr. Ri har s stated
he had two reas ons in his purpose for c om in6 before he Council .
Mr. Richards's first re ~uest was that the Council consider meetin g
with the Committee to hear the p re sen ation of this r por .
1~. ~ichards's second re uest was that the Council take under
adviseillent the possibilit/ of expandin6 their CLrren schoo liaison activities .
Mayor Taylor stated that all members of the Council
should be present to h ar the presentation and informed Nr. Ri ch ards
fuata convenient time would be probably after February 20th, and
the Council would have to let him k now when they could meet.
Counc ilman Harper su6 gested that the School-Council
Co:nmittee and another person meet with Mr . Richards prior to an y
exyansions plans of t he liaison activities.
* * * * * *
Pre-scneduled visitor Mr. William C. Gorham, 7877 E.
MississippiµfKutak , Rock and Huie was present and discussed
the ordinance on final readin6 CODcerning the Porter Memorial
Hospit a l In dustrial Keveaue Bonds. Mr. Gorham po in ted out some
change s in the o rdinance . Mr. Go r h a m stated that 1) the words
'\,iven " were chan0 ed to "6 ive "; 2) some "and/or 's" were chan
6
ed
to "and"; and 3) a de le 5 ation agreement was added t o the document.
Mr. Gorham stated that the dele~ation a 6 reement was an agreement
be tween the City of Denver and the Ci t y of En 6 lewood by which
the City of Denver i s delegating its power to the Cit y of Engle-
wood to issue the bonds. Mr. Gorham stated that he has di sc ussed
th e delebation a g reement with the City Atto rn ey and they have
concluded th e a6 reeillent to be in order and that there was no
need t o republ ish the ordinance in the legal newspaper.
After q ues tionin6 by th e Council, Mr. Gorham stated that
the a 0 reement wa~ in order and a desirable feature of the bon d
i ssuance process; however, the final i ssuance of the bonds depended
entirely U?On the passa 6 e of a supplement l resolution that the
Council will consider at one of their February me etings.
Councilman Smith re~uested Mr. Gorham co expla in the
Cit1 's liability in this matter. Mr. Gorham e xplained that these
bonds were industria l reven u e bonds and placed no liabili ty up on
the Ci t y of En 6 lewood; the r esponsibility being with the Porter Memo rial rl os~ital completely .
* * * * * *
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January 16, 1978
Page 3
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Mayor Taylor asked there were other visitors in the audience
who wished to speak to the Council,
Mr. Maurice Merlin, 3688 s. Sherman, appeared before
the Council and discussed his concern over the renewed publicity
on metropolitan government. Mr. Merlin also inquired about the
City's distribution policy of the Englewood Citizen and how it
appeared to be at a low circulation level,
City Manager Mccown assured Mr. Merlin that the City
is making every effort to circulate the Englewood Citizen to people
in apartment complexes and single family dwellings.
* * * * * *
Larry Nowacki, business address 701 W. Hampden Ave.,
appeared before the Council to remind the Council that the Land
Use Commission was meeting Friday, January 20, 1978 at 9:00 a.m.
and the Commission was scheduled to take under advisement the land
for annexation to Sheridan. Mr. Nowacki suggested that the City
write a letter to each member of the Commission apprising them of
the background on this matter and submitted a suggested 1 sample
letter.
Mayor Taylor and City Manager Mccown informed Mr. Nowacki
that the City has been in contact with Land Use Colllillission on the
matter; however, they were informed that the meeting was Fr i day,
January 27, 1978. Mayor Taylor assured Mr. Nowacki that the
Council would keep in contact with CONSENSUS in this regard,
* * * * * *
Mayor Taylor asked Mr. Marten Lathrop to appear before
the Council and give an impromptu report on the Simon Center
Committee Fund.
Mr. Marten Lathrop, 3259 s. Clarkson, appeared before
the Council and stated that to the best of his knowledge the
fund balance was approximately $8,500. Mr. Lathrop stated that
the cook books have been printed and the expected return on the
sale should be approximately $1,500. Mr. Lathrop also reported
that the Committee has plans for more fund-raising events in the
spring.
* * * * * *
Mayor Taylor asked if there was anyone else in the audience
wishing to speak to the Council on any matter.
No replied.
* * * * * *
•
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January 16, 1 978
Page 4
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"Communications -No Action Recommended " on the agenda were received:
(a)
(b)
(c)
(d)
Minutes of the Englewood Housi ng Authority
meeting of November 1 5 , 1977 .
Minutes of the Englewood Public Library Board
meeting of December 13, 1977.
Minutes o the Englewood Board of Adjus tments
and Appeals meeting of December 14, 1977 .
Min utes of the Board of Career Service Com-
missioners mee ting of December 15, 1977.
* * * * * *
City Manager Mccown presented requests for liquor license
re n ewals for the following businesses:
(a)
(b)
(C)
(d)
(e)
A 3.2 beer, off premises, license for Albertsons ,
5175 South Broadway.
A hotel and rest aurant lice ns e for Frate11 · 's
Pizza , 1200 East Hampden Avenue.
A hotel and restaurant lice nse for Sizzl e r
S teak House, 5151 South Broadway.
A 3 .2 beer, off premises , license for King
Soope r s , SOSO South Federal Blvd.
A 3.2 beer, off premises, license for Shop and
Go, 2901 South Broadway .
City Manager Mccown stated that the next item was a request for a change of ownership.
(f) A change of ownership for John W. 's d/b/a The
Dart Board, 3467 South Broadway, formerly
B .J . 's In. The new stockholders are
Messrs . Jerry Feather and Michael Thornsberry .
COUNCILMAN MANN MOVED TO ALLOW THE ANNUAL RENEWAL OF ITEMS
(A), (B), (C), (D) AND (E). Councilman Smith seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Weber , Smith, Harper, Clayton ,
Mann, Williams, Taylor •
•
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January 16, 1978
Page 5
Nays : None.
•
• -
The Ma yor declared the motion carried.
Mayor Taylor requested the repres e nta tive from The Dar t Board to appear before the Council.
Mr. Jerry Feather, 1072 E. Expos ition , appeared before
the Co uncil and answered questions from the Council in regard t o
his inte nt in operating the business at Th e Dart Boa rd .
Mayor Taylor asked if there was anyone in the audience
wishing to speak i n disapproval of the request.
No one replied.
COUNCILMAN MANN MOVED TO GRANT THE CH ANGE OF OWNE RSHIP,
SALE OF 100% OF THE STOCK TO THE DART BOARD FROM FORMERLY B,J, 'S
IN. Co un cilma n Williams seconded the motion. Upon a call of the
roll, the vote resulte d as follows:
Ayes:
Nays:
Council Members Weber, Smith, Harper, Clayton,
Mann, Williams, Taylor.
None.
Th e Mayor declared the motion carried.
* * * * * *
INTRODUCED AS A BILL BY COUNCILMAN SMITH.
BY AUTHORITY
ORDINANCE NO. 1, SERIES OF 1978
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF ENGLEWOOD,
COLORADO , HOSPITAL REVENUE BONDS, SERIES 1978 (P ORTER MEMORIAL
HOSPITAL PROJECT) IN THE MAXIMUM PRINCIPAL AMOUNT OF $18,000 ,000
AND CITY OF ENGLEWOOD , COLOR ADO, SPECIAL OBLIGAT ION BONDS, SERIES
1978, IN THE MAXIMUM PRINCIPAL AMOUNT OF $2,00 0,000 ALL FOR
THE PURPOSE OF REIMBURSING PORTER MEMORIAL HOSPITAL FOR THE
COSTS OF ACQUIRING AND CONSTRUCTING CERTAIN HOSPITAL FACILITIES
AND REFINANCING OBLIGATIONS INCURRED BY PORTER MEMORIAL WITH
RESPECT TO THE ACQUISITION AND CONSTRUCTION OF CERTAIN HOSPITAL
FACILITIES, AN D AUTHORIZING THE PREPARATION OF DOCUMENTS AND
INSTRUMENTS RELATED THERETO.
COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 1, SERIES
OF 1978 ON FINAL READING. Councilman Weber seconded the motion .
Upon a call of the r oll , the vote resulted as follows:
•
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January 16, 1978
Page 6
Ayes:
Nays:
•
• -
Council Mem ers , ber, Smith, Harper, Clayto n
Mann, Williams, Taylor.
None.
The Mayor declared the motion carried.
* * * * * *
INTRODUCED AS A BILL BY COU CILMAN SMITH
A BILL FOR
AN ORDINANCE REPEALING AND RE-ENACTING SECTION 22.5 -21, ENTITLED ,
"CONDITIONAL USE", AND AMENDING SECTION ~2.A, ENTITLED "DEFINITIONS",
OF THE CITY COMPREHENSIVE ZONING ORDINAN(~ (ORD. #26, SERIES 1963 ,
AS AMENDED) BY AUTHORIZ NG THE CITY PLANNING AND ZONING COMMISSION
TO APPROVE CONDITIONAL USES AND ESTABLISHING PROCEDURES AND RE-QUIREMENTS THEREFO R .
INTRODUCED AS A BILL BY COUNCILMAN SMITH
A BILL FOR
AN ORDINANCE AMENDING SECTIONS ~2 .4-13, ENTITLED 'I-1 LIGHT
INDUSTRIAL DISTRICT', OF THE CITY COMPREHENSIVE ZONING ORDINANCE
(ORO. #26, SERIES 1963, AS AMENDED), AUTHORIZING AUTOMOBILE
WRECKING YARDS AND JUNK YARDS AS A CONDITIONAL USE .
INTRODUCED AS A BILL BY COUNCIL MAN SMITH
A BILL FOR
AN ORDINANCE AMENDING SECTION 22.4-14 b., ENTITLED, 'PERM ITTE D
PRINCIPAL USES' I-2 GENERAL INDUSTRIAL DISTRICT, or THE CITY
COMPREHENSIVE ZONIN G ORDINANCE (ORD. #26, SERIES 1963 AS AMENDED)
BY ADDING AUTOMOBILE WRECKING OR JU~K YARDS AS A PERMITTED
PRINCIPAL USE, SUBJECT TO CERTAIN RESTRICTIONS.
COUNCILMAN SMITH MOVED TO THE FOREGOING BILLS READ
CONSECUTIVELY FOR ORDINANCES BE PASSED ON FIRST READING. Council-
man Harper seconded the motion. Upon a call of the roll, the vote res ulted as follows:
Ayes:
Nays:
Council Member s Smith, Harper, Clayton,
Williams, Taylor.
Council Members Weber, Mann.
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January 16, 1 978
Page 7
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The Mayor declared the motion carri e d an d stated that
the public hearing date for the above bills wil l b e determined
later in the meeting.
* * * * * *
City Attorney Berardini presented a memorandu m fr o m
himself addressed to the Council concerning the Mountain S t a t es
Telephone and Telegraph vs. City of Englewood, Civil Action
No. 35967, Stipulation For Settlement and Dismissal of Act io n.
City Attorney Berardini discussed the history of this case
bringing the City's position up to date.
COUNCILMAN
SIGN THE STIPULATION
seconded the motion.
as follows:
Ayes:
Nays:
MANN MOVED THAT THE MAYOR BE AUTHORIZED TO
APPROVING THE AGREEMENT. Councilman Clay to n
Upon a call of the roll, the vote res ulted
Council Members Weber, Smith, Ha rpe r , Clayton ,
Mann, Williams, Taylor.
None.
The Mayor declared the motion carried.
* * * * * *
City Attorney Berardini presented an agreement be tw ee n
the City of Englewood and Rampart Investments Corporat ion (Mr. Br ooke
Banbury who is the major stock holder of the corporation).
Mr. Banbury owns the land upon which the City built three wa te r
storage tanks. City Attorney Berardini explained that the a gree -
me nt has been discussed on the landscaping, the fen c ing o f t h e
property at the City's expense, that the City would grant to
Rampart a twenty-year lease for the surface of the large tank
to construct a tennis court for the surrounding residents to us e
aft e r the City approves final construction , and the Ci t y would i nstall
an adequate sprinkling system for the area. City Attorney
Be rardin i also added that the tennis courts would be restricti ve
in the number of players permitted on the courts at one time a nd
a vi olation of the restrict i on would result in a forfeiture
of th e l e ase.
COUNCILMAN WILLIAMS MOVED THAT THE AGREEMENT BE APPR OVED
AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT. Coun cilm a n
Mann s econded the motion. Upon a call of the roll, th e v o t e resul t e d
as fo ll ow s : I • •
January 16, 1978
Pa ge 8
Ayes:
Nays :
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Council Memb rs Weher, Smith, HarpEr , Clayton ,
Mann, Williams, Taylor .
None.
The Mayor declared the motion carried .
* * * t * *
Councilman Clayton expr ssed concern over the zoning
in r e g ard t o the foregoing ills that were passed on first reading .
Councilman Clayton requested the City Attorney provirle possible
amendments to th e bills that would protect I-1 zones adjacent to
the r esi d ential zones at the next Council meeting allowing the
am e nd ments to be heard at tht public hearing. Councilman Clayton
also requ ested any additional information concerning this matter
be provided by the Community Development Departmen •
Councilman Smith also requested that a map be provided
of al l I -1 and R-1 areas contiguous to the area.
COUNCILMAN SMITH MOVED THAT THE PUBLIC HEARING FOR THE
ITEMS 6(8 ), 6(C), AND 6(0) ON TH8 AG8NDA B8 SET FOR FEBRUARY 27 ,
1 9 78 , AT 7:30 P.M. Councilman Mann seconded the motion. Upon
a call of t he roll , the vote resulted as follows:
Ayes:
Na ys :
Council Members Weber, Smith , Harp r, Clayton ,
Mann, Williams, Taylor.
Non e .
The Mayor d eclared the motion carried .
* * * * * *
City At tor n ey Berardini presented orally the next item on
the agend a wh ich was the research o the availability of othe r
legal news papers in the City of Englewood. City Attorney Berardini
apologized t o the Council for not having a memorandum on the subject;
however , City Atto rn ey Berardini xplained that so much material
was involved in his research, he decided the presen tation should
be mad e o rally rather than by memorandum. City Attorne y Berardin
reported that his research verified that the Englewood Herald
Se nt inel is a legal newspaper and can be designat ed by the Council
for their use with out any contractual obligation . City Attorney
Berardini offered to furthe r research this matte r and prepare a
memorandum if the Coun c il so desired .
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January 16, 1978
Page 9
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In response to Councilman Smith's quest ion, City A torney
Berardini stated that it was still his legal opinion that the Counc il
still has the Englewood Herald Sentinel as its legal new spaper. City
Attorney Berardin i recommended that the Council con tinue to desig nate
the Englewood Herald Sentinel until further informa tion is available
and at which time the Council can make another judge ment .
COUNCILMAN SMITH MOVED TO CONTINUE THE US E OF THE ENGLE -
WOOD HERALD SENTINEL AS THE LEGAL NEWSPAPER FOR THE CITY OF ENG LE-
UNTIL OTHERWISE DESIGNATED . Councilman Harper s eco nd ed the motion .
COUNCI LM AN MANN MOVED TO POSTPONE COUNCIL AC TION UNTIL
FEBRUARY 6, 1978 SO THAT THE CITY ATTORNEY CAN PREPARE THE INFOR-
MATION THAT WAS REQUESTED AT THE LAST COUNCIL MEETING. Councilman
Williams seconded the motion.
In response to Councilman Mann 's motion, Councilman Smith
stated that his motion was essentially congr ue n t and he made the
motion to eliminate repetitve voting until al l the information was
received at which time Council could take th e necessar y action.
Councilman Mann stated he preferred a ti me li mit in order to pro -
perly follow up on the matter.
A lengthly discussion took p l ace regarding the particular
motion the Council would be voting on according to parliamentary
procedures; the seemly need to designate a legal news p aper at
this time even though th e Council has the prerogative of publishing
articles in the Englewood Herald Sent in el whe never the need arises ;
and the interpretation of the agenda item upon which the Council sh ould
act.
Fo llowing the discussion , Coun cilman Ma nn wi thdrew his
motion. Councilman ~illiarus then withdrew this second to the motion .
COUNCILMAN MANN MOVED TO AMEND COUNCILMAN SMIT H'S MOTION
TO EXTEND THE ENGLEWOOD HERALD SENTIN EL AS THE LEGAL NEW SPAPER UNTIL
THE NEXT COUNCIL MEETING, FEBRUARY 6, 1978. Councilman Williams
seconded th e motion for am endme nt.
Upon a call of the roll, t he vote on th e amendment to
the mot ion made by Cou nc i lman Mann was as follows:
Ayes:
Nays:
Council Members Williams, Clayton, Mann, Taylor.
Council Members Weber, Sm ith, Harpe r .
The Mayor declared the motion carried.
Upon a call of the roll, the vote on the orig i nal motion
made by Counc i lman Smith resulted as follows:
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January 16, 1978
Page 1u
Ayes:
Na ys:
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Counc 1 1embers W11l1ams, Clayton, Man n,
1dy1or.
Council Members Weber, Smith, Harper.
·n 1e Mayor oeclared the motion carried.
* * * * * *
Ma yor Taylor declared a recess at 9:20 p.m. The Council
reconve n ed at 9:45 p.m. Mayor Taylor asked for roll cal . Upon a
ca11 ot th e roll, the following were present:
Council Members Williams, Weber, Smith, Harper, Clayton ,
Mann, Taylor.
tto::;ent: None.
The Mayor declared a quorum present.
* * * * * *
L1ty Manager Mccown pres~nted a memorandum from himself
aoctressed to the Council submitting the Six Quarter Budg et for the
pe r iod of January, 1978 to June, 1979, and a resolution relati ng to
the same . City Manager Mccown pointed out some chanbesin the 1978
Bud get; tho se being $100,000 for the land acquisition to p urchase
land fo r the relocation of Fire Station #3 and $100,000 fo r the
construction of the Sinclair Pool Bath House.
in answer the Councilman Mann's question in regard to
1978 Budget funds fo r the Miller Building, City Man ager Mccown
stated that the Council decided, in a meeting at wh ich Council-
man ·1ann was absent, to take the funds from the Miller Building and
app l y the fund s to Paving District No. 25 in order to cover the
expa n ded plan s for it. City Manag er Mccown also explained that
the Council decid ed to replenish the funds for the Miller Build-
ing from PIF if there were available funds at the end of the year
Coun cilman Smit h stated tha he intended the Miller
Buil ding fu nd to be repl enished at the end of the first quarter of 197~ £row 6 eneral funds.
Councilman Mann expressed his concernabout this matter nd
disappointment that the funds may not be rep enished until the first quarter of 1979.
L1ty Manag e r Mccown requested the Clerk to locate he minutes
concerni ng this matter for the purpose of clarification.
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January 16, 1978
Page 11
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City Manager Mccown pointed out the changes for he second
quarter 1979 Budget; those being $200,000 for the construction of
a t wo year storm drainage system for a basin enclosed by Broadway ,
Oxtord , Clarkson and Little Dry Creek; $20,000 as part of a five
program for a City -wide survey project, and $70,000 for street over-
lay program.
City Manager Mccown stated that these recommendations were
all in accordance with the City Council's adopted Five Year Capital
Improvement Program.
City Manager also informed the Council that the Parks and
Rec r eation Department has been notified by the Bureau of Outdoor
Recreation that the City is eligible to receive a grant of $94,13 0
for the development of the shore of Centennial Park whic h is one-
half the estimated cost . City Manager Mccown pointed out that there
are no funds budgeted for the other hal f and 1f the Council desires
to accept the grant then the Council w 'll have to decide on how to
match funds. City Manager Mccown exhibi ed the drawing of the proposed
development,
The Clerk returned to the Council Chambers with the motion
as passed by Council concerning the extraction of funds f r om the
Miller Building to be placed in the Paving District No. 25 fund and
any overages from the PIF at the end of the year to be used to re-
plenish the Miller Building fu nd. City Manager Mccown then read
al oud the motion.
Mayor Taylor sta ed that there wa s misu nderstanding
on someone's part because he was under the impressio n that there
were going to be overages in the budget to cov e r the e xpense of
remodeling the Miller Building.
City Manager Mccown stated that the overages were
predicted to be in the General Fund and not Public Improvement
Fund.
Councilman Smith rPguested hat a financial report
concerning the end of the year overages be prepared and pre-
sented at a study session so the Council can determine where
surplus monies can be appropr i ated.
~everting to the gra nt and development of Centennial
Park, Councilman Clayton requested the City Manager to submit
a tull status report for the next Co u nc il meeting.
Mayor Taylor interjected his desire step up action
on the Little Dry Creek flood situati on in 1 9 78 so that some
positive hea dway can be made in 1979 and asked City Manager
Mccown to confirm that no additional money needed to be appro -
priated in the budget at this time which he did,
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Janu ary 16, 1978
Pa ge 12
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RES OLUT I ON NO . 2, SERIES OF 1978
A RESOLUTION AMENDING THE 1978 BUDGET AND PUB LIC IMPROVEMENT FUND
AND THE GENERAL FUND.
COUNCILMAN WILLIAMS MOVED TO PASS RESOLTUION NO. 2, SERIES
OF 1978. Counci l man Clayton seconded the moti on. Upon a call of
the r o ll, th e vot e resulted as follo ws:
Ay e s:
Nays:
Council Members Weber, Smith, Harper, Clay ton,
Mann, Will iams , Taylor .
None.
Th e May or declared the motion carried .
* * * * * *
City Manager Mccown presented correspondence and a re-
solution concerning departmental requests of antirecession funds
and appropriat ion therefor. City Manager Mccown discussed the
purpos e of recei ving antirecession funds from the fe deral govern-
ment and the guidelines under which cities , communities, counties ,
e tc. can us e the funds under Public Works Title II . City Manager
Mc cown stated that the departments re qu esting fu nd s were the
Finan ce Depar tme n t -$24 ,000 to expa nd th e utilization of th e
City's Da ta Processing function; the Police Department -$9 ,50 0
to hir e a per son to catalog police files and for ad d itional
pa rk patrol; the Community Devel opment Departmen t -$ ,000 to
n1re an Adm inistrative Assistant in the Housing Divisi on; and
the Parks Depar tment -$10,000 to h ire a greenhouse caretaker.
RESOLUTI ON NO. 3 , SERIES OF 1978
A RESOLUTION AMENDING THE 1978 ANNUAL GENERAL FUND BUDGET.
LUUN CI LMAN CLAYTO N MOVED TO PASS RESOLUTION NO. 3, S ERIES
0¥ 1Y78. Councilman Web er seconded the motion. Upon a call of the
ro11, the vote resulted as follows:
Ayes:
Nays:
Council Members Weber, Smith, Harper, Clayton,
Man n, Williams, Taylor.
None.
The Mayor declared the motion carried.
• * * * * *
City Manager Mccown presented a memorandum from himself
to tne City Council concer n ing the Santa Fe annexation and the st atu E
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January 16, 1978
Page 13
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being that no progress has been made. City anager Mccown stated
that no property o wner in the proposed area has contacted the City
Attorney's office nor the Community Development Departmen . City
Manager Mccown stated that he had extended the fire service for the
the proposed annexed area past the January 3, 1978 date because
he preceived that this would be the desire of the Council;
however, he requested di r e c tion from the Council for any further
direction and recommended that the Council formally extend fire
service until February 6, 1978. City Manager Mccown a lso stated
that attached to his memorandum was a report from Communi y Develop-
ment Wanush on the pros and cons of annexing this area.
COUNCIL MAN HARPER MOVE D THAT THE AGREE MENT TO PROVIDE
FI RE PROT ECTION TO THE PROPERTY THAT HAS PRESENTED A PETITIO N TO
ANNEX TO ENG LEW OOD BE EXTENDED FOR 60 DAYS FROM JANUARY 16, 1978
AN D DUR I NG TH IS PERIOD OF TI ME THE CITY S TAFF AND PETITIONE RS ARE
TO PREPA RE PETITIONS AND CONDITIONS RELATED TO ANNEXATION FOR SUB-
MISSION TO COUNCIL FOR CONSIDERATION. Councilman Weber seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Weber, Smith, Harper, Clayton,
Mann, Williams, Taylor .
None.
The Mayor declared the motion carried.
Councilman Smith suggested that the Council have ano her
mee t ing with the petitioners to discuss th e possibility of having
a special assessment district as one of the conditions of annexation .
Councilman Mann reque sted that the Council be provided
with a more understandable map outlining the bou n daries distinc-tively.
• * * • • *
City Manager Mccown presented a memorandum from Director
of Finance James to the City Manager concerning the telephone bid
recommenda ions. City Manager Mccown briefly explained how the
bids were obtained and the results of the bids. City Manager
Mccown stated that in analyzing the Cit~ 's needs in conjunction
with the proposed bids, the staff and the consulting firm of
Control IV recommend the City pursue a private-owned telephone
system and award th bid to Northern Telecom.
COUNCILMAN SMITH MOVED TO DIRECT T HE STAF F TO P RO CE ED
WITH THE FILING OF THE NECESSARY INFORMATION FOR CO NSIDERAT ION
OF ENTERING INTO A PRIVATE CONTRACT WITH NORTHER N TELECO M. Cou n c il-
man Mann seconded the motion. Upon a call of the roll , the v ote resulted as follows:
•
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January 16, 1978
Page 14
Ayes:
Nays :
Council Members ~Pb r, Smith, Har er, C dyto n,
Mann, Williams, Taylor.
None.
The Mayor declared the motion Cctrrie d.
* * * * * *
City Mana ger Mccown presented a memorandum from the
Chief of Police Holmes to the City Manager concerning House Bill
1597 as it pertains t o Criminal Justice Records. City Manager
Mccown stated tha the bill wa s recen l y passed by the State
Hous e and it r equires a fee for the searchin5 and duplication of
records be established by the agency's governing body which
i s th e City Council. City Manager Mccown stated that Chief
Holmes is recommend ing that the fee be established at $3.00
for mak ing three copies and an additional $0 .50 per extra
copy .
COUNCILMAN CLAYTON MOVED TO ACCEPT THE RECOMMENDATION
FRO M THE POLICE DEPAR TM ENT AND THAT THE COUNCIL SET THE FEES
Ab ~KU~OSED . Councilman Mann seconded the motion .
1n answer to Councilman Weber's question, Ci y Manager
Mccown stated that the requesting bodies are the ones responsible
for paying these fees. City Manager Mccown also stated that the
normal reports, e.g. acciden reports or offense reports, would
rema in at $1.00 per copy; however, this matter concerned copying
complet e files, etc . City Manager Mccown stated that the fee
of $3 .00 was comparable to fees that other municipalitie s have adopted .
Upon a call of th e roll , the vote result e d as foll ows:
Ay es :
Nays:
Council Members Weber, Smith, Harper, Clayto n,
Mann, Williams, Taylor.
None .
Th e May or declared the motion carried .
* * * * * *
City Manag er Mccown transmitted the 1978 Budget to the
Council and informed the members of the press and mem bers of the
a udience th at copies were availab le upon request .
* * • *
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January 16, 197 8
Page 15
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City Manager Mccown discussed the transfer of funds pro-
cess for various public improvements in the metropolitan area and
the present status of the projects. City Manager Mccown stated
that three projects have been approved so far, i.e. Santa Fe,
Kipling and the l-470 parkway. City Manager Mccown stated th at
there were several million dollars left for the costs of other
improveme nts and the City has received a letter from DRCOG re-
quiring that the list of further requested improvements be sub-
mitted by February 6th so a decision can be made by mid-March.
City Manager Mccown stated that plans have been
made for Englewood to combine its requests for improvements
with other surrounding entities in an effort to compete for
those requests that the City of Denver will submit to DRCOG also.
City Manager Mccown stated that the submission must be
in resolution form and he recommended that the Council consider
this resolution at a meeting following the public hearing on January 30 , 19 78.
COUNCILMAN SMITH MOVED TO SET A SPEC IAL MEETING
FULLOWING THE PUBIC HEARING ON JANUARY 30, 1978. Councilm an
Weber seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Weber, Smith, Harper, Clayton,
Mann, Williams, Taylor .
None.
The Mayor declared the motion carried.
• • • • • •
Mayor Taylor reported that he has been informed that the
bridge across Little Dry Creek on the vacated street is being torn down.
• • • • • •
In answer to Mayor Taylor's question concerning repre-
sentation at the Land Use Commission meting, January 27, City
Manager Mccown replied that either he or both he and the Director
of Community Development Wanush plan to attend the meeting.
• • • • • •
Mayor Taylor requested Council's permission to write
letter to FloodJuniorHigh School commending the students for
cleaning up Little Dry Creek through Englewood.
• • • • • •
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January 16, 1 9 7 8
Page 16
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COUNCILMAN MANN MOVED TO APP ROVE THE ;,AM PLE LE T'f E!
SUBMITTED BY MR. LARRY NOWACKI FOR THE PU RPOSE OF THE ~ITY ST AFF
TO TAKE WITH THEM OR FORWARD TO THE LAD USE CO MMISSI ON ON JA N-
UARY 27, 1978. Councilman Smith seconded th e mo io n .
Councilman Smith stated that h e did n o t o bJect to the
format of the letter; but stated that h e did ob j ect to some of the
wordings a nd that some of the statement c sh uld be researched for
accuracy and a new letter composed.
COUNCILMAN MANN CHANGED THE MOTION TO STATE THAT THE STAFF
PREPARE A LETTER EXPLAINING THE HI STORY OF THE PROBLEM. Counci l man
Smith agreed to th e change and se cond ed t he moti o n. Upon a c all of
the roll, the vote on the mot i on as changed was as follows:
Ayes:
Nays:
Council M mbers W b e r, Smith, Harper, Cla y t o n,
Mann, Tayl o r.
Council Member Williams.
The May or declared the motion carried.
* * * * * *
Councilman Clayton reminded the Council about the need to
appoint another Council Memb er to the City -School Committee.
COUNC~LMAN MANN MOVE TO NOMINATE COUNCIL MAN DONALD HARPER.
Councilman Harper expressed that he would like to s e rve
on this committee; however, because he has been and still is in
close contact with he sc~ool, Councilman Harper suggested that
a no ther Council Member may be a more objective partic i pant .
Councilman Mann argued that because of his c lose contact
with the school is the exact reason ne nominated Councilman Harper.
Councilman Mann stated that Council:nan Harper would be full y
knowledgeable of the intracacies and an effective ~e wb er.
' Councilman Williams seconded Councilman Mann's motion.
There were no further nominations. Upon a call of th
roll, the vote result ed as follows:
Ayes:
Na ys:
Council Members Weber, Smith, Clayton, Mann,
Williams, Taylor .
Council Member Harper.
The Mayo r declared the motion carried.
* * * * * *
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January 16, 1978
Page 17
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There being no further business, the Mayor dec lared
the meeting adjourned at 11:25 p.m.
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SPECIAL ME ETING
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLO RA DO
Janua ry 23, 1978
The City Council of the City of Engle wood , Arapahoe Coun t y ,
Colorado, met in special session on Janua r y 23, 1978, at 7 :30 p.m .
Mayor Taylor, presiding, called the meeting to order ,
The invocation was given by Councilman Donald Smith. The Pledge
of Allegiance was l ed by Mayor Taylor .
Mayor Taylo r asked for roll call . Upon a call of the roll, the
following were present:
Council Members Williams, Web er, Smith, Harper, Clayton, Mann,
Taylor .
Absent: None .
The Mayor declared a quorum present.
Also prese nt were: City Manager McCow n
City Attorney Berard ini
Director of Community Development Wanush
Assistant Director of Co mmunity
Development Roman s
Director of Public Work s Waggoner
Deputy City Clerk Watkins
* * * * * *
COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING ON THE ORDINANCE
FOR FINAL READING CONCERNING THE REPEALING AND RE-ENACTING OF THE FLOO D PLAIN
ORDINANCE . Councilman Weber seconded the motion. Upon a call of the r oll ,
the vote resulted as follows:
Ayes:
Nays:
Council Members Smith, Harper, Clay ton, Mann, Williams,
Weber, Taylor.
None ,
The Mayo r declared the motion ca rried.
* * * * * *
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January 23, 1978
Pa g e 2
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Cit y Manage r McCown stated that the purpose of the meeting wa s
to co nsider an o r dinance that would repeal the old flood plain ordina nce
a do pt e d i n 1 971 and enact a new flood pla in ordinance, definitions, etc .
City Manage r McCo wn stated that the changes in the ordinance we r e ma de
necessa r y becau se of the changes in the regulat ions r egarding flood
plain insurance as administered by the Federal Insurance Administ r a t ion.
City Ma na ger Mcco wn introduced Mr . Doug Gore, the local Federal I n su ran c e
Adm i n i stra t i on representative , to give the Council some back g r ound on the
c ha nges a nd the pu r pose of having flood plain insura nce . City Manager
Mcc own als o stated that Direc tor of Community Development Wanush would
f ol l ow Mr. Gor e t o r e ad through the ordinance in d eta il and point o ut the
s ignificant changes in the ordinance .
Mr. Doug Gore, Flood Pla in Management Specia l ist f or the Federal
I ns ura nc e Adm i n istration, 4645 S. No r folk Way, Aurora, a pp e ared be f ore th e
Counci l . Mr. Gore gave a brief history about the national flood i nsurance
program, i ts pu rposes and ho the program related to the Ci ty of Englewood.
Mr. Gore s ta ted t his wa s the fi rst time since 1971 that t he go ver nme nt
h as r equi r ed changes in the ordinance and the adoption of the c hanges are
necessary fo r continuation in the flood insurance program.
Co uncilman Mann asked Mr. Gore to e xpla i n what the change s we re
since Mr. Go r e had indicated that the present ordinance was in some ways
too r es t rictive ; and why the City had 90 days to change it .
Mr . Gore stat ed that the present o rdinance does not a l l ow f or
a ny d e velopment period if inte rpret ed in the strictness sens e; do e s not
meet t he wa t er and sewer requirements ; does not p r ovide fo r t he t ieing down
of mo bile homes; does not require all new construction t o be e l e vat e d above
t he 100 year flood plain elevation ; and does not provide for an y f lood
proo f ing . Mr. Go r e stated that the new ordinance req uires perm i ts to
d e velop a f lood plain area including the placement of mob ile homes and
pref abri c ated bu ildings; it req ui r es that all pe r mi ts be re v iewe d by
the s ti pula te d gove r nmental bodies; and it r equ ire s that all pe rm i ts
be reviewe d to assure that sites are pro t ecte d aga ins t floo d ing and the
atten dant problems of flooding ,
In answer to Mayor Taylor's question, Mr . Gore stated that p r e s e nt
policy holders could renew their coverage and new policies could be pur-
chased if the Council passed the ordinance. If the Council chose not to
pass the ordinance, then no new policies cou ld be p u rchased and al l f lood
coverage would discontinue after each policy expired .
* * * * * *
In answer to Councilman Clayton's q uestion, Mr. Gore stated that
if the Council passed the ordinance then pre s ent pol icy ho l ders would be
allowed t o renew their policies even tho ugh t h e i r e xi s ting structures did
not comply with the new regula tion s se t f orth i n the proposed ordinance ,
i.e. grand fathered in . Howe v er, Mr. Go r e stated , i f the presen t policy
hold e r s deci d e d to a dd onto thei r struc tures, the a ddi tion would have to
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January 23, 1978
Page 3
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meet the new regulations. Mr. Gore also stated that all new develo pm ent
in the flood plain area wou l d have to comply with the new regulations.
Mr. Gore agreed wi th Councilman Smith's s ta tement that if the
City passed the o rd i nance then people living in the floo d plain area who
do not have a policy can purchase a policy without c hang ing the existing structure,
Councilman Mann, Councilman Smith, Mr. Gore and Director of
Community Development Wanush d is cus sed the map upon which the flood
plain area is based ; why some a r ea s have been e liminated; and the ne e d fo r some changes in the map,
Mr . Gore presented a report on the elevation survey of the
flood plain area and explained the survey to Councilman Mann. Councilma n
Mann accepted the report as another basis for d e termining the flood plain area .
* * * * * *
Dire c tor of Community Development Wan ush appeared before the
Council. Directo r Wanush stated that the City has not issued building
permits contrary to City ordinance as wa s indicated earlie r in this meeting,
Director Wanush stated that his interpretation of the ordinance certainly
allows for construction in the f lood plain area under ce rtain conditions
and all permits that have been i ssued fall within the conditions of the ordinance,
Direct or Wanu s h s tat e d that the r ecormnendations to the Flood
Plain Zoning section of the Comprehensive Zo n i ng Ordinance, Article 22.4b,
nave been r ecommended by the Planning and Zoning Co mmission as a result of a public hearing that was held December 27, 1 977,
Direc tor Wanush entered i nto the r ecord Certification of Posting
of forty-three signs that were placed in various locations throughout the
floo d plain. Director Wanush stated that notice of public hea ring was
published on January 4, 1978, and the City Clerk's o ff i ce has r eco r d of publication ,
In answe r to Mayor Tay lo r's ques tion, Directo r Wanush stated that
the signs wer e posted seventeen days prior to this publi c hea r ing, wherea s , the requirement is fift een days prior,
Director Wanush stated that there were fou r major changes in the
ordinance: 1) the effect of the amendments add some severe restrictions on
the existing mobile homes pa rks when a unit is replaced; 2) administration of
the permits are expedite d because the process has been streamlined; 3) detail
va r iance procedures are added; 4) the City is officially adopting the map
tha t has been approved by the Flood Insurance Administration,
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January 23, 1 978
Page 4
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Director Wanush read through the proposed amendments with the
Co uncil and stated that the bulk of the changes r eflec t the concern of the
citizens heard at the public hearing, particularly removing any reference
to the meaning of a floodway.
******
Mayor Taylor dec l ared a recess at 8 :30 p .m. during which time
copies of t he proposed amen dments were made and passed out to the people
in attendance, The Counc il reconvened at 8 :40 p .m. Upon a call of the
roll, t he following were p res ent:
Council Members Williams, Web e r, Smith , Harper, Clayton,
Mann, Taylor .
Ab sent: None.
The Mayor declared a quorum present ,
* *****
Copies of the p ro posed am e ndments are e ntered into the record
by Director Wanush .
Director Wanush continued and completed the presentation of the
proposed amendments to the Comprehensive Zoning Ordinance as they relate to
the flood plain area.
Mayor Taylor asked if the Council had further questions for Director
Wanush or Mr. Gore before he re ques ted questions from the audience,
In answer to Councilman Mann's question, Mr. Gore stated that
the federal agency would not allow a ninety day moratorium to consider the
ordinance, and the Council has unti l February 20 to decide whether or not
to pass the ordinance and continue in the prog ram; otherwise, the City
will be suspended from the program.
******
There were no fu rther questions f rom the Council at this time.
Mayor Taylor asked if anyone in the audience wished to speak in favor of
this ordinance.
Micheal DiManna , attorney, appeared before the Council. Mr, DiManna
stated that he was here on behalf of his clients who have existing building per-
mits based upon the old ordinance. Mr. DiManna asked if the Council passed the
p roposed ordinance at this meeting would his clients have to comply with the
new ordinance or would compliance under the old ordinance suffice to commence
construction,
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January 23, 1978
Page 5
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Director Wanush replied that compliance under the old ordinance
would be sufficient and the builders could still obtain flood insurance.
Maurice Jones, 5020 s. Washington, appeared before Council and
stated that he could not see how anyone living in the area could object to
the passage of this ordinance. Mr, Jones stated that the insurance policies
are not mandatory; the ordinance only provides for the option of the prope rty
owner to buy the coverage .
In answer to Mr. Jones's question, Director Wanush stated that
the Building Department would be responsible for inspe ct ing the site and
providing the report to the Director of Community Dev elopment; and assured
Mr. Jones that the City presently has the expertise to enforce total com-
pliance .
Mayor Taylor asked if there was anyone else in the audience wish-
ing to speak in favor of the ordinance. No one replied .
• • *
Mayor Taylor asked if there was anyone in the audience wishing
to speak against the ordinance,
Lee R. Jones, 2047 S. Cherokee, appeared before Council and stated
tnat he was speaking on behalf of the members of CONSENSUS. Mr. Jones stated
that the ordinance should be republished because of the numerous changes that
are proposed.
In answer to Mr. Jones's question about Council being forced to
amend the ordinance whenever the federal government issues new regulations,
Director Wanush stated that the Council has the choice of adopting the amend-
m~nts to the ordinance or withdrawing from the program,
~ouncilman Smith pointed out that this was the first change since
1971.
Mr. Jones then inquired about stipulations placed on lending
institutions loaning money to the property owners in a floo d plain if they
did not co mply with all the federal regulations.
Mr. Gore explained that when a community participates in the flood
insurance program, the purchase of flood insurance is required and a l oan
canoe obtained fr om conventional institutions, the FHA or the VA, Mr, Gore
stated that the types of stipulations that Mr, Jones referred to did not
app ly to the City of Englewood at this time because the City is participating
in the program and the City has had a map approved by the FIA for a minimum
of one year, Mr. Gore stated that if the City chose to withdraw from the pro-
gram, only conventional loans could still be obtained; however, the loan grant
would be at the discretion of the banker. Mr, Gore also stated that if the
Ci ty withdrew from the program the City would not be eligible for federal
disaster assistance,
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J anuary 23 , 1978
Page 6
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Mr. Jones r e quested th at any a men dment s to the map be initiated
as soon as the new p r ojec ts , i.e. Ho lly Dam, etc., are complete d t o facilitate
tne tiling of an accurat e map with t he FIA.
In reply to Mr. J on es's q uestion t o r epubl is h th e ord i nance beca us e
o r tne magnitude of the changes, City At torney Bera rdini stated that he thought
the changes were subsistent in nature and the ord i nance should probably be repub-
lished. City Attorney Berardini advis e d the Counci l of two alternatives in
handling this matter . City Attorney Berardini stated that the Council could
continue the public hearing, republish the o rdi nance with the adopted changes
and reintroduce the bill; or , the Council could adopt the ordinance at this
meeting and order the publication of the ordinance in full with the adopted changes .
Upon Councilman Weber's request, Mr. Gore restated that if the
City decided not to participate in the program, then the City would not be
eligible for any r e covery loans or grants f rom the federal government upon
the event of a presidential declared disaster.
Upon Councilman Weber's request, City Attorney Berardini defined
the meaning of the emergency clause in the ordinance.
Mr. Tom Watson, 3235 s. Fox, appeared before Council and posed
a question on what constitutes a flood plain area and requested an explanation on why some areas are exempt .
Councilman Smith stated that the Planning and Zoning Commission
is looking into the inclusion of the exempt areas onto the flood map.
Mr. Gore explained that the floo d e l e vati o n i s t he height the
water would attain in the event of a 1 00 year flood.
In reply to Mr. Watson's question on requirements for rebuilding
his structure in the event of a flood, Director Wanush stated that the vari-
ance procedure section of the ordinance would al l ow Mr. Watson to rebuild his
structure similar to the one that was destroyed even if the structure is 50% destroyed.
Larry Now acki, 701 W. Hampden Ave., appeared before Council and
q ues t i oned the l an guage of the ordinance. Mr. Nowacki presented a copy of
fe de ra l regul a tions dated Ma rch 25, 1977 concerning insurance purchase
r e qu i rements in the f lood i nsurance program. Af ter a l e ngthly discussion,
i t was determined that the federal regulations submitted by Mr. Nowacki
ha d been superceded by President Carter's action in November, 1977, and were not pertinent at this time.
Mr. Nowacki stated that there were several inaccuracies on the flood
plain map. One example, Mr . Nowacki stated, was that the location of the
Englewood Sewer Plant was in an area that is subject to the 100 year flood.
Director Wanush requested Mr. Nowacki to show evidence that the sewer plant is in the 100 year flood plain.
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Jan uary 23, 1 978
Page 7
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Mr. Nowacki replied that that information would have to come
f rom the Urban Drainage Dist rict. Mr. Nowacki stated that it was his opinion
that any water that would flow over Dartmouth on the north side would have
to flow into the sewer plant area.
Director Wanush welcomed any suspected inaccuracies as they
r elate to the flood plain map to be checked out and corrected .
Mr. Nowacki expressed concern over the lack of a definition
for a floodway and limited reference made to a floodway in th e ordinance.
At the request of the Council , Mr. Gore explained the meaning
or a regulatory floodway and how the FIA derived at deterimining the 100 yea r f lood plain.
Gerri Von Frellick, 10950 W. 26th Ave., Lakewood, appeared before
the Council and d i scussed his opinion of the impact on the community if the
Council decided to pass the ordinance. Mr. Von Frellick stated th a t the
City of Englewo od would be taking on a "senior partner, i.e. the fe deral
gove rnment " who would d ictate zoning changes for the City and the Council
needs more time to consider the ordinance and the proposed changes, Mr . Von
Frellick also stated that the Council appears to in a controversy over this
ordinance when it should be concerned with Little Dry Creek. Mr. Von Frellick
further stated that businessess will not be attracted to this area if they
discover the area to be in a flood plain and analyze the risks involved monetarily.
City Manager Mccown asked fo r Mr. Von Frellick's opinion again
on why wou ldn't a developer build under the new ordinance when he already
has to conform to the old ordinance.
Mr. Von Frellick replied that the controversy has been become
exaggerated and will dramatize the effect of the area being in a flood
plain; consequently, development will de c line and the downtown area will
continue to be a blight area.
Councilman Smith refuted many of Mr. Von Frellick's comments
particularly the ordinance requiring the business owners in the downtown
a r ea to re co nstruct their businesses in order to conform to the new re-
gulation s because the variance procedure provides for the conditions of
reconstruction . Counc i lman Smith also refuted Mr. Von Frellick's comments
on the insurance rates and coverage availability. Councilman Smith stated
that as far as he was aware CONSENSUS was the on ly group express in g opposi-
tion to this ordinance and the only group imply ing that a controversy exis ted.
Mayor Taylor asked if there was anyone else wishing to speak
on the ordinance either in favor or against .
Director of Public Works Waggoner appeared before Council and
presented to Council for their information a booklet on the maj or drainage
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Jan uary 23, 1 978
Page 8
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master plan for Big Dry Creek which is essentia lly the same as the one
that will be drawn up for Little Dry Cr eek both being in the flood plain
area. Director Waggoner stated that the t e rm floodway is defined in the
booklet.
Mayor Taylor asked if there was anyone else wishing to speak on
the ordinance either in favor or against . No one replied.
COUNCILMAN MANN MOVED TO CLOSE THE PUBL IC HEARING. Councilman
Weber seconded the motion. Upon a call of the roll, t he vote resulted as
follows :
Ayes:
Nays:
Counci l Members Smith, Harper, Clayton, Mann, Williams,
Weber, Taylor.
No ne.
The Mayor declared the motion carried.
* * * * * *
Mayor Taylo r declared a rece ss at 10:50 p.m. Mayor Taylor stated
that the Council will go into an executive session following the recess then
reconvene to an open meeting , The Council reconvened at 11:20 p.m. Upon a
call of the roll, the following were present:
Council Members Williams, Weber, Smith, Harper, Clayton, Mann,
Taylor.
Absent : No ne.
The Mayor declared a quo rum present .
* • * • • •
INTRODUCED AS A BILL BY COUNCILMAN SMITH
BY AUTHO RITY
ORDINANCE NO. 2, SERIES OF 1978
AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 22.4B, AND AMENDING CHAPTER
22 .8 ENTITLED, 'FLOOD PLAIN (FP)', AND 'DEFINITIONS' RESPECTIVELY, RELATING
TO THE IDENTIFICATION OF AREAS OF SPECIAL FLOOD HAZARD; AND ADOPTING BOUNDARY
MAPS THEREFOR ; PROHIBITING CERTAIN USES DANGEROUS TO LIFE AND PROPERTY WITHIN
SAID AREAS ; RESTRICTING USES HAZARDOUS TO PUBLIC HEALTH ; REQUIRING THOSE
USE S PERMITTED IN FLOOD PLAIN DISTRICTS TO BE PROTECTED AGAINST FLOODS
BY FLOOD PROOFING; REGULATING THE DESIGN AND METHOD OF CONSTRUCTION OF ALL
STRUCTURES WITHIN SAID DISTRICT AND GENERALLY TO PROTECT THE PUBLIC FROM
THE BURDEN OF EXTRAORDINARY FINANCIAL EXPENDITURES IN A MANNER CONSISTENT
WITH REASON ABLE FLOOD PLAIN MANAGEMENT AND TO PRESERVE THE WATER CARRYING
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Page 9
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CHARACTERISTICS AND CAPACITIES OF WATER COURSES BOTH NATURAL AND ART IF I CIAL
FOR THE CON VEYANCE OF STORM AND FLOOD WATERS; AND DECLARIN G AN EMER GENCY .
COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 2, SERI ES OF 19 78
WITH THE ATTACHED AMENDMENTS AS INTRODUCED BY THE PLANNING AND ZONING COM-
MISS ION ON FINAL READING. Councilman Clayton seconded the motion.
COUNCILMAN WEBER MOVED TO POSTPONE ACTION ON ORD INANCE NO. 2 ,
SERIES OF 1 978 UNTIL MARCH 20, 1978. Councilman Mann seconde d th e motion.
COUNCILMAN SMITH MOVED TO SUBSTITUE COUNCILMA N WEBER'S MOTION
TO POSTP ON E ACTION UNTIL FEBRUARY 21, 1978.
Councilman Smith's motion to substitute Councilman We be r's motion died for lack of a second,
Upon a call of the roll, the vote on Councilman Weber's motion resulted as follows:
Ayes:
Nays:
Council Members Williams, Weber, Mann, Taylor,
Council Members Smith, Harper, Cla y ton.
The Mayor declared the motion carried,
••••••
In response to City Manager McCown's question, City Attorney
Berardini stated that the ord inance would be pub lished in its ame nded
fo rm wh en the Council acts upon it,
••••••
COUNCILMAN CLAYTON MOVED THE FOLLOWING APPOINTMENTS TO THE BOARDS AND COMMISSIONS BE MADE:
BOARD OF ADJU STMENTS AND APPEALS -HOWARD BROWN -4 YEAR TERM
-CHESTER HALLAGIN -1 YEAR TERM
WAT ER AND SEWER BOARD -RUDDY WITTHUS -FULL TERM
ELECTION COMMISSION -BETT Y KEENA -FULL TERM
PLANNING & ZONING COMMISSION -ED DRAPER -FULL TERM
-RICHARD MCCLINTOCH -FULL TERM
LIBRARY BOARD -FULL TERM -PAUL BUSCH
FIREMEN'S PEN SION BOARD -FULL TERM -OLIVER GISEBURT
EMPLOYEE RETIREMENT BOARD -FULL TERM -JOHN NEAL
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January 23, 1978
Page 10
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Councilman Williams seconded the motion. Upon a call of the roll, the
vote resu lted as follows:
Aye s:
Nays:
Council Members Smith, Harper, Clayton, Mann,
Williams, Weber, Taylor.
None.
The Mayor declared the motion ca rried .
Th ere being no further bus iness, the Mayor declared the meeting adjourned at 11:25 p .m.
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
January 30, 1978
SPECIAL MEETING:
The City Council of the City of Englewood, Arapahoe
Cou n ty, Colorado, met in special session on January 30, 1978, at
7:30 p.m .
Mayor Pro Tern Mann, presiding, called the meeting to
order.
The invocation was given by Councilman Donald Smith. The
Pledge of Allegiance was led by Mayor Pro Tern Mann.
Mayor Pro Tern Mann asked for roll call. Upon a call of the
roll, the following were present:
Council Members Williams , Weber, Smith, Harper, Clayton,
Mann.
Absent: Taylor.
The Mayor Pro Tern declared a quorum present and stated
that Mayor James L. Taylor was out of the city on vacation.
Also present were: City Manager Mccown
Assistant City Manager Curnes
City Attorney Berardini
Director of Public Works Waggoner
Director of Engineering Services
Diede
Deputy City Clerk Watkins
* * * * * *
COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEAR ING TO CON-
SIDER THE PROPOSED PAVING DISTRICT #25. Councilman Clayton seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Harper, Clayton, Williams,
Weber, Smith, Mann.
None.
Council Member Taylor,
Mayor Pro Tern Mann declared the motion carried.
* * * * * *
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January 30, 1978
Page 2
City Manager Mccown stated the purpos e of this meeting
was to cons ider the recommendations for various s treets, alley s,
sidewalks, and curb and gutter improvements which are to included
i n Paving District No. 2 5 . City Manager Mcc o wn gave a brief back-
ground on the reasons for creating paving d istricts; how the paving
districts are handled; and read from th e City Charter the Council's
authority concerning a paving district. City Manager Mccown stated
that the Council wi ll hear from the publ ic present tonight of the
objections and approvals to pave c e rta in stree ts; then review th e se
objections and approvals in order to make a d e cision by February 6th.
City Manager Mccown stated that the Council can delete streets from
the district; but they cannot add any streets to the list that has
already be e n presented to them.
* * * * * *
Director of Public Works Waggoner along with the assistance
of Director of Engineering Services Died e presented the location of
streets and the type of improvements proposed for the paving distr i ct.
Director Waggoner discussed the specific improvements that the City
proposes to do on each street; the method of calculation of assess-
ment; and the property owner's portion of payment and the City's
portion of paym e nt for the district.
Director of Public Works Waggoner stated that a property
owner could hire a contractor to pore the concrete if he or she
did not want the City to do the work; howev e r, the contractor had
to be chosen before April 3 and the concrete had to be pored before
Apr il 6.
Direc tor of Public Works Waggoner stated that the City would
replace any trees that had to be removed up to four trees p e r pro-
perty.
* * * * * *
Mayor Pro Tern Mann instructed the audience that he was
going to r ead the list of the streets in the proposed paving distict
and then go through each street asking for those in favor to speak
fir st then those against the paving distr ic t to speak next.
* * * * * *
Mayor Pro Tern Mann read 500 -700 East Amherst and a s k ed
if there was anyone in favor of the overlay. No one replied.
Mayor Pro Tern Mann asked there wa s anyone against the
overlay.
The Clerk entered into the record a petition signed by
th irty-fou r property owners and a cover letter from Gerald w. Pool,
643 East Amherst Place, protesting the overlay.
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January 30, 1978
Page 3
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Counci lman Weber pointed out that the petition repre-
sented 100% of the property ownership of the affected land area.
Gerald W. Pool, 643 East Amherst Place, appeared before
Council and stated that he was the spokesman for the property owners
who had signed the petitition protesting the inclusion of East
Amherst Place in the paving district; however, Mr. Pool asked if
those present would indicate to the Council that he did represent
their opinion by standing.
The property owners stood up and the count showed
thirty-four people present.
Mr. Pool stated that if the street could get into the
paving district by 100% vote; then the street should be able
to get out of the paving district by 100% vote.
Mr . Pool stated that the street work is not necessary
and if it was necessary then the payments should come from
general revenues derived from the general tax mill levy. Mr. Pool
stated that there has been no cost to the City for maintenance
because the street is in good shape, and there are only a few
minor cracks which do not pose any hazard. Mr. Pool concluded
by stating that the street has been exposed to long periods of
abuse by dirt dump trucks and heavy equipment used in construct-
ing City storm sewers on East Bates Avenue and in the East Amherst
Avenue and Clarkson Street area.
Peggy Swinney, 683 East Amherst Place, appeared before
the Council and invited the Council to drive to the neighborhood
on Clarkson between Hampden and Belleview and notice how rough
this area is compared to East Amherst Place. Ms. Swinney stated
that the truck traffic is so heavy that these trucks are causing
the damage to the streets and not the residents of the area •
• • • • • •
Mayor Pro Tern Mann read 400 -600 West Bates Avenue and
asked if there was anyone in favor of paving the street. No one
replied.
Mayor Pro Tern Mann asked if there was anyone against
the paving. No one replied.
• • • * * *
May or Pro Tern Mann read the alley East of 3700 South
Broadway and asked if ther e was anyone in favor of paving this
area.
The Clerk read into the record a statement from Cleo
Hickman, 3798 South Broadway, in favor of paving the alley •
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January 30, 1978
Page 4
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Mayor Pro Tern Mann asked if there was anyone against
the paving.
The Clerk entered into the record a letter objecting
to th e paving from Donna Weitz el , 3775 South Lincoln.
Mrs. Vivian Weir, 3753 South Lincoln, appeared befo r e
the Council ; pre s e nted and entered into the record a petition
s ign e d by five property owners objecting to the paving of the
alley. Mr s . Weir asked the Counc il why the alley was being
considered in the paving district .
Dir e ctor Waggoner stated that he had r eceive d r e -
quests to includ e several all eys i n a paving district and b y
including them i n a paving distri c t the City can find out if
the people want these alleys pav e d. Director Waggoner stated
that mo st o f the requests cam e from th e businesses.
Mrs . We i r stat e d that the residents use the a ll eys
very little; however, the businesses use the all e ys for parking,
etc ., and th e residents do not want it pav e d .
Director Waggoner stat e d that the record should re-
flect that four property owners of this affected area stood in
opposition.
* * * * * *
Mayor Pro Tern Mann read the alley East of 4000 South
Broadway and asked if there was anyone in favor of the paving . No
one replied.
Mayor Pro Tern Mann asked if ther e was anyon e against the
pa ving of the alley.
The Clerk entered into the record a petition signed by six
property owners protesting the paving of the alley.
Clarice Bernhardt, 4035 South Lincoln, appeared before
the Council and st ated that the residents with exception of one
resident do not have alley drives and; therefore, do not use
the alley. Mrs. Bernhardt state d that most of the r e sidents are
retired and the assessment costs would place a f inancial burden
on the residents . Mrs. Bernhardt stated that businesses should
pick up the majority of the cost b ec aus e th ey are the ones who
benefit the most.
Director Waggoner commented that in the past business es
have wor k e d out agreements with the owners along an alley to pay for
some of the costs; but the residents would have to approach the
businesses on thi s , the City cannot .
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January 30, 1978
Page 5
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Ruth Gl a esme r, 4025 S o uth Lincoln, app e ar ed b ef ore t he
Cou n cil and ch a llenge d the statement that the paving wou l d im prove
the property . Mrs. Glaesmer stated th Qt she had a f e nce insta l l e d
on her property a fte r which the insurance rates i ncr e as e d. Mrs .
Glaesmer stated that he r rates might increase aga i n w ith th e
new proposed p a ving a nd she could not afford to pay for t h e i nc rease d rates let alone the assess ment.
Mr s . Billy S chlogeter, 4015 s. Lincoln, appeared before
t he Council and rea d a letter that was written by her husband pro-
te s ting the paving bec ause the cost. Mrs. Schlo g e ter stated tha t
the alley did not h a ve enough traff i c to warrant the paving.
Mrs . Schlogeter the n e nt e r e d the lett e r into the re c ord.
* * * * * *
Ma y or Pro T e rn Mann r e ad the a l ley East of 4700 South
Br o adway and ask e d i f there was anyone in favor of pav i ng the alley . No on e r e p l ied.
Mayor Pro Te rn Mann ask e d if there was anyone against the paving of the al le y.
Howard Sheridan, 4750 South Lincoln, appeared before
the Council and stated that this alley did not border his pro-
perty but wanted to state his opposition to the paving of all
alleys on South Broadway. Mr. Sheridan recalled an i ncident
in which his wife was involved on 4500 South Broadway. The alley
was not paved and Mr. Sheridan wanted to point out that the alley
should be paved and assessed against the businesses and not the
property o wn e rs of this area.
* * * * * *
Mayor Pro T e rn Mann r ea d 000 -100 Eas t Cen te nnial
Av e n ue and a sked if th ere wa s anyon e i n favor of paving th is
area. No one replied.
Mayo r Pro Tern Ma nn asked if a n y on e wa s ag ai nst the
paving . No one replied .
* * * * * *
Mayor Pro Tern Mann read 1 900 West Corn ell Av e nu e and
asked if t here was anyone in f avor of pav i ng t h is ar e a. No one replied,
Ma yor Pro Tern Man n a s k e d i f anyon e was aga i nst paving this a r ea . No one replied ,
* * * * * *
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January 30, 1978
Page 6
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Mayor Pro Tern Mann read 3000 South Dartmouth Circle and
asked if th e r e was anyone in favor of overlaying this ar e a. No one replied.
May or Pro Tern Mann asked if there was anyone against
the pav i ng of this area. No one replied.
* * * * * *
May or Pro Tern Mann read 3200 South Delawar e Street and
asked if there was anyone in favor of paving this area. No one replied.
Mayor Pro Tern Mann asked if there was anyone against the paving.
The Cle rk entered into the record a petition signed
by twenty property owners protesting the paving.
Harold Jones, 3285 South Delaware, appeared before
the Council and stated that the petition contained all the pro-
perty own e rs with the exception of five. Mr. Jones stated that
he was the spokesman for the group and stated that it was the
group's opinion that the street did not need paving; several
people wer e retired and would be placed in a financial bind
to pay for the assessment. Mr. Jones stated that most of the
traffic came from outside the neighborhood.
* * * • • *
Mayor Pro Tern Mann read 4100 Sout h Elati Street and
asked if there was anyone in favor of the ov erlay . No one replied.
Mayor Pro Tern Mann asked if there was anyone• against the overlay.
Six people stood up to indicate their protest.
Bill War, 4170 South Elati, appeared before the Council
and stated that the road was in good shape and did not need the new
surface. Mr. War agreed with Mr. Jones on the traffic coming from Cinderella City.
Susan Barrow, 4173 South Elati, appeared before the
Council and asked for clarification of the facts on base and
asphalt levels on the street. Director of Engineering Services
Diede quoted the depth of the base and asphalt. In answer to Mrs.
Barrow's question on the inconsistency, Director Diede replied
that the builder who laid the street did not install the suf-
ficient amount of asphalt or base course. Director Diede also
stated that the tests are only a cross section of the street •
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January 30, 1 978
Page 7
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G. B. Story, 4150 South Elati, app eared before the
Council and stated that the street was in good condition. In
answer to Mr. Story's question as to the condition of the street
when it came into the City, Director Waggon er replied that
there are several streets in the City that are de veloper paved
before they are taken into the City. Director Waggoner stated
that some of these areas were developed most all of the time
under little restrictions; consequently, when the City took
these areas i~ the streets have checked out to be below the
City's standards.
1:,{'.. Story asked if it was too late to get up a petition.
City Att,._;r ney Berardini stated that a second public hearing on
the fi,r,al reading of the ordinance is on February 21, 1978, and a
pet)i ion of protest could be presented at that time.
Mr. Story suggested that speed bumps be placed on the
street in order to control the traffic.
George Yoda, 4100 South Elati, appeared before the
Council and stated that he had a sidewalk put in last year and
asked if he was going have to pay for anoth er one if the street
is paved.
Director Waggoner stated that an overlay is proposed
and if the sidewalk other than what was repaired last year needs
repair than that work will be done.
Mr. Yoda expressed concern over the traffic and hazard-
ous conditions that exist.
Mayor Pro Tern Mann assure d Mr. Yoda that the Chief of
Police would be informed of this matter .
* * * * * *
Mayor Pro Tern Mann read 3000 South Fox and asked if
there was anyone in favor of the paving of this area. No one
replied.
Mayor Pro Tern Mann asked if there wa s anyone against
the paving of this area.
Bobby Lattrell, 3150 South Fox, appeared before the
Council, Mr. Lattrell stated that the street was in need of
repaving; however, he believed that the City tore up the street in
order to work on the water mains and he did not think the people
should pay for the proper replacement of the street. Mr. Lottrell
stated that most of the traffic is from the iron trucks and not the
reside nt s of the area.
Councilman Clayton requested that the staff include
in their report of this meeting the designation for the heavier
•
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January 30, 1978
Page 8
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trucks and the construction of the street between Gen e ral Iron Works
and Dartmouth.
* * * * * *
Mayor Pro Tern Mann r ead 4000 South Galapago and asked
if th e r e was anyone in favor of the paving of the area .
Gary McKinney, 4084 South Galapago , appeared before th e
Council and s tat e d that he was in favor of paving th e area.
Mr. McKinn ey stated that this ar e a was a fairly new subdivision
and the streets are dirt. Mr. McK in n ey stated th at the costs
will not get any chea p e r and because of economics it would best
if the City wou l d go ahead and pave the area now. Mr. McKinney
stated that the neighborhood is mostly younger couples and could
afford t o pay the assessment over the n ext few years.
Mayor Pro Tern Mann ask e d if there wa s anyone against
the paving of the area . No one replied.
* * * * * *
Mayor Pro Tern Mann read 4100 South Huron Street and
asked if there was anyone in favor of paving this area.
Mrs. Skinner, 4190 South Huron, appear e d b ef ore the
Council and stated that she has not taken any position on this
issue. Mrs. Skinner stated that she lived opposite the City
Ditch and wanted to know who would pay the ass ess ment.
Director Waggoner stated that all the City could
ge t in was twenty-four feet and Mrs. Skinner would be assessed
for eighteen feet.
Mrs. Helen Brundage, 4140 South Huron, appeared before
the Co uncil and asked if the City would eve ntually pave all the
streets in Englewood.
Director Waggoner repli ed that all the streets wou l d
e ventually be p roposed and the paving depended on Council's
a pproval. In answer to Mrs. Brund age's qu e stion about eliminat-
i ng c urbs and gutters and blacktoppi ng the street, Director Waggon e r
r e p l ied that he had suggested th is route; however, in talking
to Mr. Hamilton, Mr. Hamilton stated that th i s was not the des i r e
of t he n e ighbors and requested that the stre et b e placed in a d is trict .
• • * • * •
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January 30 , 1 978
Pag e 9
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Mayor Pro Tern Mann asked if there was anyone in favor of
paving this are a, 4100 South Huron. No one replied.
Mayor Pro Tern Mann asked if there wa s anyo ne against the paving of this area. No one replied.
* * * * * *
Mayor Pro Tern Mann declared a recess at 9:1 5 p.m. The
Council reconvened at 9:35 p.m. Upon a call of the roll, the fol -l owing wer e present :
Council Members Williams, Weber, Smith, Harper, Clayton, Mann.
Absent: None.
The Mayor Pro Tern declared a quorum present.
* * * * * *
Mayor Pro Tern Mann r e ad 100 East Layton Avenue and ask ed
if there was anyon e in favor of paving this area . No one replied.
Mayor Pro Tern Mann asked if there was anyone against the paving of this ar ea.
Howard Sheridan, 4750 South Lincoln, appeared before
Council and stated that he felt it was unfair for the surrounding
people to be assessed 14% for their use of the street. Mr. Sheridan
asked why speed bumps have not been proposed for this area and he
thought the stree t had been resurfaced last year.
Director Waggoner stated t h at Mr. Sherid an's assessment
was for the sidestreet and that the street was blacktopped last year
so that it would hold up until the street could be placed in a pav-
ing distr ict. Director Waggoner also stated that the speed bumps
would not be placed in the City because they are dangerous for all vehicles.
* * * • * *
Mayor Pro Tern Mann read 400 East Layton Av e nu e and ask ed
if there was anyone in favor of paving this area. No on e rep lie d.
May or Pro Te rn Mann asked if there was anyone against the paving. No one replied.
* * * * * *
Mayor Pro Tern Mann read 600 -800 West Oxford Avenue and
asked if ther e was anyone in favor of paving this area •
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January 30, 1978
Page 10
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Gene Kroll, 485 South Fox, appeared before Council and
stated that he was in favor of the paving. Mr. Kroll stated that he was tired of the dust.
Gary McKinney, 4084 South Galapago, appeared before Council
and stated again that he was in favor of paving this area. Mr.
McKinney stated that there are more problems with the traffic in
the dust and dirt then there would be on a safe, paved street.
Mayor Pro Tern Mann asked if there was anyone against the paving of the area.
Eleanor Smith, 4100 South Galapago, appeared before the
Council and stated that she was in favor of paving the street; but
she stated that paving the street has attracted heavy truck traffic
on West Oxford Avenue. Mrs. Smith stated that the street will not
hold up under the traffic conditions and will have to be overlaid
next year. Mrs. Smith requested that the street be "shelved" until
a congressional investigation is completed on how the street got
changed from a residential street to a truck route.
Ken Love, property owner of 777 West Oxford, appeared be-
fore the Council and stated that he has tried to contact the City
Attorney to find out who owns the City Ditch property that adjoins )
his property on the east so he could determine who would pay.
City Attorney Berardini stated that several people have
contacted his office relative to this question. City Attorney
Berardini stated that he did not recall his name and he was sorry
he did not answer his call. City Attorney Berardini stated that
the property line varies and he would certainly find out where
his property lies if he would leave his name, address and tele-phone number.
Mr. Love stated that his telephone number is 781-8324
and would appreciate an answer as soon as possible.
Bob Richards, 855 Wet Oxford Avenue, appeared before
the Council and stated that he owns an apartment on West Oxford
Avenue. Mr. Richards stated that he has received no requests
from his tenants to pave the street. Mr. Richards stated that
he was concerned over the proposed assessment because the assess-
ment equates the amount of money that he expects to net out
of his apartment investment for the next two years.
Sharon Richards, 855 West Oxford Avenue, appeared be-
fore Council and stated that the street is not in need of repair
and in her opinion provides no benefit to the people living in their apartments.
Clayton Smith, 4140 South Galapago, appeared before the
Counc il and asked if the streets would be capable of carrying the
traffic loads; and if the streets are torn UP,would he be recharged for reconstruction.
•
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January 30, 1978
Page 11
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Director Waggoner replied that the City would pick u p costs over thirty-s i x feet.
Mr. Smith asked why the property owner on the corner
has to pay for the materials . Mr. Smith stated that if the
street was pro-rated why couldn't the gutter part be pro-rated also.
Director Waggoner stated that the City has to assess
the adjacent owner for any concrete work and City Attorney
Berardini agreed with Director Waggoner that is a fair assess-ment.
Mayor Pro Tern Mann assured Mr. Smith that the City
staff would report back to him with an explanation.
In answer to Mrs. Smith's question, Director Waggoner
stated that the load limit on a street was 18,000 pounds per
axle according to the Mod e l Traffic Code and he would mention the problem to the police.
Mr. Wentzel, corner of Oxford and South Huron, appeared
before the Council and stated that he uses Oxford very little and
paving this area would be of no advantage to him.
Sam McGown, 805 West Oxford, appeared before the Council
and stated that the assessment was too expensive for people on
fixed income like himself. Mr. McGown stated that the street could
use improvements but suggested that the Council wait and do it later.
Crista Kroll, 4085 South Fox, appeared before the Council
and stated that the cost would increase the long e r people waited and
sh e was in favor o f paving this area now.
On e me mb e r o f the audience asked the Mayor Pro Tern for a
straw vot e o n th e paving of West Oxford.
Mayor Pro Te rn Ma ri n asked for those i n favor of the paving
of Wes t Ox fo rd to s tand up. Six people stood.
Mayor Pro Tern Mann asked for thos e aga i nst the paving
of Wes t Ox f ord t o st a nd up. Twelve peopl e stood.
* * * * * *
Mayor Pro Tern Mann read 4500 South Pearl Street and
asked if there was anyone in the audience in favor of the paving. No on e replied.
Mayor Pro Tern Mann asked if there was anyone against the paving. No one replied.
* * * * * *
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January 30, 1978
Page 12
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Mayor Pro Tern Mann read 200 West Princeton Avenue and
asked if there was anyone in favor of paving the area. No one replied.
Mayor Pro Tern Mann asked if ther e was anyone against the paving. No one replied.
* * * * * *
Mayor Pro Tern Mann read 100 -300 East Princeton Avenue
and asked if there was anyone in favor of the paving. No one replied.
Mayor Pro Tern Mann asked if there was anyone against the paving. No one replied.
* * * * * *
Mayor Pro Tern Mann read 2900 South Shoshone Street and
asked if there was anyone in favor of the paving.
Les Stigall, appeared before the Council and stated
that there were two other property owners other than himself here
at this meeting and owned property at 2911 and 2965 South Shoshone
who would like to see the street paved to handle the trucks that
he wanted to drive on the street for future building.
Mayor Pro Tern Mann asked if there was anyone against the paving.
Harold Stoner, 2960 South Shoshone, appeared before the
Council and stated that he was protesting the widening of the street
and not the paving. Mr. Stoner stated that some of the property
owners had spent a great deal of money installing fences and would
incur more expense to have the fence torn down and replaced.
In answer to Mr. Stoner's question on the proposed width
of the street, Director Waggoner replied that the City would need
forty feet total right-of-way. Director Waggoner stated that an
appraisal of the five foot of property in this area would be made
and the property owner would be contacted.
Mr. Stoner further stated that if Shoshone were widened
the street would not line up with either street north or south of Shoshone.
Walter Freeman, 1900 North Cornell, appeared before the
Council and stated that he owned the ground at 2980 South Shoshone.
Mr. Freeman stated that he would favor paving the street at its
present width; but he would object to the widening of the street.
Earl Stoner, 2970 South Shoshone, appeared before the
Council and presented a petition letter dated November 13, 1973
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January 30, 1978
Page 13
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protesting the last paving district in which South Shoshone
had been included. Mr. Stoner stated he wanted the street to
be paved at its present width and not widened.
Councilman Smith noted that date of the petition as
being some years ago a n d questioned if some of the property
owners had changed their mi n ds since.
Phil Grimm, 1 9 2 0 W. Cor n ell, appeared before Council
and stated that the street did not need to be paved at this time.
Mayor Pro Tern Mann requested that Howard Olson, Englewood
Chamber of Commerce, speak on the paving of South Shoshone since
he was involved in the matter in 1 9 73 .
Howard Olson, Englewood Chamber of Commerce, appeared
before Council and stated he was merely an observer of this
meeting and could not take any position at this time .
Director of Public Works Waggoner entered into the record
a telephone message that he received from Geraldine Landsburg of
3D Investments, 2900 South Shoshone, protesting the paving.
* * * * * *
Ma yor Pro Te rn Mann read 29 0 0 -3000 South Umatilla Street
and asked if there wa s a nyo ne in favor the paving this area. No one replied .
Mayor Pro Tern asked if there was anyone against the paving.
Frank Rister, 2009 West Dartmouth, appeared before Council
and asked if the City would repl a ce the trees that would be removed
to widen South Umatilla. Mr . Rister stated he t h ought the street
was only about fifteen feet wide n o w.
Director Waggoner stated if the trees had to be remov e d
then the City would replace them. Director Waggoner stated he
thought the street was approximately twenty feet wide now; and
the right-of-way is dedicated at thirty feet wide.
* * * * * *
Mayor Pro Tern Mann read 000 -400 East Union Avenue and asked if there was anyone in favor of paving this area. No one replied.
Mayor Pro Tern Mann asked if there was anyone against the paving. No one replied .
* * * * * *
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January 30, 1978
Page 14
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Mayor Pro Tern Mann read 2900 -3000 South Val lejo Street
and asked if there was anyone in favor of paving this ar ea . No on e
replied.
Mayor Pro Tern Mann a ~ked if there was anyone against the
pav ing. No on e replied.
* * * * * *
Mayor Pro Tern Mann read 5000 South Washington Street
and asked if there was anyone in favor of paving this area.
Edward Pain, 5090 South Washingto n, appeared before
Council and stated he was in favor of placing an overlay on this
street; however, Mr. Pain stated the expense should be paid for
by the Utilities Department. Mr. Pain stated the deteroriation
of the street was due to the Utilities Department working on the
water mains.
Mayor Pro Tern Mann asked if there was anyone against
the paving.
The Clerk entered into the record a letter from Robert
o. Williams, 5050 South Washington, protesting the pav i ng.
Myrtle Jones, 5020 South Washington, appear e d before
Council and protested the paving. Mrs. Jones stated the area
was in a sidewalk district last year and she thought the si de-
walk would probably have to be replaced and paid for by the resident
after the street is resurfaced.
Juanita Beenie, 5061 South Washington, appeared before
Council and stated she was against the paving.
* * * * * *
Mayor Pro Tern Mann read 600 South Washington Circle
and asked if anyone was in favor of the paving. No one replied.
Mayor Pro Tern Mann asked if there was anyone against the
p a ving.
The Clerk entered into the record three letters: 1) from
Mrs. De Backer, 616 South Washington Circle; 2) from Mary Ditmars,
640 South Washington Circle; and 3) from Ernest and May Coler,
645 South Washington Circle all protesting the paving.
Arthur Rhodes, 685 South Washington Circle, appeared
before Council and stated he was against the paving. Mr. Rhodes
stated he had to borrow the money to pay another assessment and
he would have to borrow more money to pay for this assessment •
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January 30, 1 978
Page 15
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Mr. Rhodes suggested the Council get the cheapest bid before
publishing the list of streets in the paper. Mr. Rhodes stated
the street gets very little traffic and did not need any overlay.
c. R. Neal, 672 South Washington Circle, appeared
before Council and stated he was against the paving . Mr. Neal
stated if the City kept this area in the paving district then
he would recommend a surface coat.
Dorothy Clausman, 646 South Washington Circle, appeared
before Council and stated she was against th e paving. Mrs. Clausman
stated the street gets no through traffic.
Mary Ann Schofield, appeared before Council and stated
she was against the paving. Ms. Schofield stated Clarkson Street
should be included not South Washington Circl e .
Director Waggoner stated there is a boundary problem on
South Clarkson and until other surrounding areas allow the paving
and do their share, Clarkson would probably remain as it is.
Phil Grimm, 648 South Washington Circle, appeared before
the Council and stated he was against the paving. Mr. Grimm
stated the street was not in that bad of condition.
Fred Weiss, 664 South Washington Circle, appeared be-
fore Cou n cil and stated he was against the paving. Mr. Weiss
stated the street needed only minor repairs and the proposed
assessment would place too much financial burden on the property owners .
* * * * * *
Mayor Pro Tern Mann read 2000 -2300 West Wesley Avenue
a nd asked if there was anyone in favor of the paving of this area . No one replied.
Mayor Pro Tern Mann asked if there was anyone against the paving .
Richard Brent, 2229 West Wesley, appeared before the
Council and stat e d h e opposed the paving . Mr. Brent stated im-
proving the street wo uld increase the traffic and the assessment
co s t was too mu ch of a burden,
* • • * * *
Mayor Pro Tern Mann read 2900 -3000 South Wyandot Street
and asked if there was anyone in favor of the paving. No one re-plied.
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January 3 0 , 1978
Page 16
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Ma y or Pro Tern Mann asked if there was anyon e against
the paving.
Bill Adlong, 3085 South Wyandot, appeared b e fore Council
and stated he was against the paving. Mr. Adlong stated he wo uld lose
some of his property when the street was widened. Mr. Adl o ng st at e d
he just installed a new fence across his property and ask ed Director
Waggoner if the City would pay for the expense of moving it and
replacing it. Director Waggoner stated that the City would pick
u ~ the expense. Mr. Adlong stated that the property front would have
to be sloped back or cut off up and down; and that he wou l d lose
alot of his property. Mr. Adlong suggested that the City i nstall
a retaining wall. Mr. Adlong asked if the City would provide
the stakes for the grading if he chose to pore the V-pan.
Director Waggoner stated that the City would do so.
• • • • • •
Mayor Pro Tern Mann asked if there was anyone else wish-
ing to speak to the Council on the paving. No one replied.
• • • • • •
Mayor Pro Tern Mann stated that the Council is just as
concerned as the people in the paving district with the answers
that the staff will provide. Mayor Pro Tern Mann requested that
the staff send a copy of their answers to the people between this
meeting and the time that the Council acts on the ordinance.
• • • • k •
COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING.
Councilman Weber seconded the motion. Upon a call of the roll,
the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Harper, Clayton, Williams,
Weber, Smith, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
• • • • • •
Mayor Pro Tern Mann stated there was further business
that the Council had to act upon at this meeting and declared a
recess at 11:10 p.m. The Council reconvened at 11:15 p.m. Upon
a call of the roll, the following were present:
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January 30, 1978
Page 17
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Council Members Williams, Weber, Smith, Harper, Clayton,
Mann.
Absent: Council Member Taylor.
The Mayor Pro Tern declared a quorum present.
* * * * * •
COUNCILMAN WILLIAMS MOVED THE COUNCIL POSTPONE ITS
SELECTION OF THE RESOLUTIONS FOR RECOMMENDATION OF THE PROJECTS
TO DRCOG. Motion died for lack of a second.
* * * * * *
RESOLUTION NO. 4, SERIES OF 1978
A RESOLUTION SUPPORTING AN APPLICATION TO THE DENVER REGIONAL
COUNCIL OF GOVERNMENTS REQUESTING TH AT U.S. 285 BETWEEN SOUTH
SANTA FE DRIVE AND SOUTH BROADWAY BE CONSTRUCTED AS A ONE-WAY
COUPLET, WITH THE PRESENT U.S. 285 AS THE WESTBOUND SEGMENT AND
WEST ITHACA AVENUE AS THE EASTBOUND SEGMENT, AND THAT FUNDING
FOR THIS PROJECT BE APPROVED AS A SUBSTITUTE PROJECT UNDER THE
I-470 TRANSFER.
COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 4, SERIES
OF 1978, ROUGH DRAFT #1, AS PRIORITY tl. Councilman Weber seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Harper, Clayton, Weber,
Smith, Mann.
Council Member Williams .
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Mayor Pro Tern Mann asked for a sponsor for Rough Draft
#2 for a r es olution supporting an application to DRCOG requesting
that Broadway (Yale to Floyd, Quincy to Belleview), be approved
for I-470 transfer funding. No Council member chose to sponsor
the resolution.
* * * * * *
COUNCILMAN SMITH MOVED TO PASS ROUGH DRAFT 13 FOR A RE-
SOLUTION SUPPORTING AN APPLICATION TO DRCOG REQUESTING THAT THE
KENYON, NAVAJO AND UNION AVENUE ARTERIAL BE APPROVED FOtt I-47u
TRANSFER FUNDING, CERTIFYIN~ SUPPORT FOR THE ABOVE. Councilman Clayton
•
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January 30, 1978
Page 18
seconded the motion.
as follows:
Ayes:
Nays:
Absent:
Upon a
Council
Council
Council
•
• -
call of the roll, the vote result e d
Members Smith, Harper, Clayton.
Members Williams, Weber, Mann.
Member Taylor.
The Mayor Pro Tern declared the motion defeated.
* * * * * *
RESOLUTION NO. 5, SERIES OF 1978
A RESOLUTION SUPPORTING AN APPLICATION TO THE DENVER REGIONAL
COUNCIL ·oF GOVERNMENTS REQUESTING THAT THE KENYON, NAVAJO AND
UNION AVENUE ARTERIAL BE APPROVED FOR I-470 TRANSFER FUNDING,
CERTIFYING SUPPORT FOR THE ABOVE PROJECT AND CERTIFYING THE
INTENTION AND ABILITY OF THE CITY OF ENGLEWOOD TO MATCH FEDERAL
FUNDS IF THE PROJECT IS SELECTED.
COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 5,
SERIES OF 1978, ROUGH DRAFT t3. Councilman Smith seconded
the motion. Upon a call of the roll, the vote resulted as follows :
Ayes:
Nays:
Absent:
Council Members Smith, Harper, Clayton.
Council Members Williams, Weber, Mann.
Council Member Taylor.
The Mayor Pro Tern declared the motion defeated.
* * * * * *
Mayor Pro Tern Mann asked for a sponsor for Rough Draft
14 for a resolution supporting an application to DRCOG requesting
t h a t So u th Logan Street (Dartmouth Avenue to Yale Avenue) be
approved for I-470 transfer funding. No Council member chose to
s p o n so r the resolution.
* * * * * *
Mayor Pro Tern Mann asked for a sponsor for Rough Draft
15 for a resolution supporting an application to DRCOG requesting
that South Bannock Street (U.S. 285 to Nassau Avenue) be approved
for I-470 transfer funding . No Council member chose to sponsor
the resolution.
* * * * * *
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January 30, 1978
Page 19
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RESOLUTION NO, 6, SERIES OF 1978
A RESOLUTION SUPPORTING AN APPLICATION TO THE DENVER REGIONAL
COUNCIL OF GOVERNMENTS REQUESTING THAT WEST QUINCY AVENUE BE-
TWEEN SOUTH FEDERAL BOULEVARD AND SOUTH SANTA FE DRIVE BE CON-
STRUCTED AND THAT FUNDING FOR THIS PROJECT BE APPROVED AS A
SUBSTITUTE PROJECT UNDER THE I-470 TRANSFER,
COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 6,
SERIES OF 1978, ROUGH DRAFT #6, AS PRIORITY #3, Councilman
Weber seconded the motion. Upon a call of th e r o ll, th e vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Weber, Harper, Clayton,
Mann.
Council Members Williams, Smith.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried,
* * * * * *
Mayor Pro Tern Mann asked if any Council Member wanted to
sponsor Rough Draft #7 for a resolution supporting the applica-
tion requesting the construction of South Clarkson Street be-
tween U.S. 285 and East Orchard Avenue.
Mayor Pro Tern Mann suspended the rules and recognized
a person in the audience wishing to speak to the Council on this matter.
Maurice Jones, 5020 South Washington, appeared before the
Council and stated he opposed the South Clarkson Street construction
through DRCOG. Mr. Jones suggested that the Council find other means
of funding the construction because of the length of time it would
take DRCOG to commence action on this project.
Director Waggoner stated that the City knows how much
of Clarkson Street is in Englewood and what the City would have
to construct. Dir ctor Waggoner stated that Clarkson is in the
Urban System Program; but it is not funded,
Mayor Pro Tern Mann requested the staff provide a cost
report on South Clarkson in order for the Council to consider
taking on the construction itself,
In response to Mayor Pro Tern Mann's question for a
sponsor for Rough Draft t7, no Council member chose to sponsor it.
* * * * * *
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January 30, 1978
Page 20
•
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COUNCILMAN SMITH MOVED TO TAKE RESOLUITON NO. 4, SERIES
OF 1978, ROUGH DRAFT #1, PRIORITY fl AND USE THAT AS THE PRIME
EFFORT IN OBTAINING I-470 TRANSFER FUNDS. Councilman Weber s e conded
the motion.
Mayor Pro Tern Mann stated that the chair would not all o w
the motion be voted upon because not all the priorities have been
discussed.
* * * * * *
RESOLUTION NO. 7, SERIES OF 1978
A RESOLUTION SUPPORTING THE APPLICATION FOR REQUESTING THE CON-
STRUCTION OF FLOYD AVENUE BETWEEN SOUTH GALAPAGO STREET AND SOUTH
ZUNI STREET AS A PROJECT OF REGIONAL SIGNIFICANCE THAT INVOLVES
THE COMMUNITIES OF ENGLEWOOD AND SHERIDAN.
COUNCILMAN
OF 1978, ROUGH DRAFT
seconded the motion.
as follows:
Ayes:
Nays:
Absent:
WEBER MOVED TO PASS RESOLUTION NO. 7, SERIES
ta, AS PRIORITY #4. Mayor Pro Tern Mann
Upon a call of the roll, the vote resulted
Council Members Weber, Mann.
Council Members Williams, Smith, Harper,
Clayton.
Council Member Taylor.
The Mayor Pro Tern declared the motion defeated.
* * * * * *
Mayor Pro Tern Mann asked if any Council member wanted
to sponsor Rough Draft 19 for a resolution supporting an appli-
cation requesting the construction of South Zuni Street from Dart-
mouth Avenue to U.S. 285 as a project of regional significance.
No Council member chose to sponsor the resolution.
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City Manager Mccown stated there was another cons i dera-
t i on for the Council on this matter and that would be Rough Draft
#1 0, Yale Street (Elati to Downing). City Manager Mccown stated
that this recommendation had no regional bas i s; but he wanted t o
bring this to Council's attention.
Mayor Pro Tern Mann asked for a sponsor to Rough Draft
#10 . No Council member chose to sponsor #10.
* * * * * *
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January 30, 1978
Page 21
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There being no further buiness, the Mayor Pro Tern
declared the meeting adjourned at 12:00 p.m,
~6~ eputyfuy Cler
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MEMORANDUM
TO:
FROM:
DATE:
Mayor a nd Members of City Council
Andy Mccown, City Manager
January 31, 1978
SUBJECT: AID TO OTHER AGENCIES
On the agenda for the Council meeting of February 6 is an appearance by
Sam Love and Milt Senti who will be reques ting fun ds for t he Diam ond Jubilee .
Mr, Love and Mr . Senti, both former May ors, are heading up a committ e
to plan and coordinate th e Di a mon d Jubilee celebration .
I thought perhaps you would like to r eview the statu s of the Aid to Other Agencies
account, from whenc e these fund s will come .
Last year, $39, 12 was spent from this account for various purposes. Some of
these expen di tures are not reoc curr ing ones, at l east not on a n a nnual basi s ,
such as the Mountain Bell h earings ($1,463) a nd th e legal expen ses incu rred
for the car shredder ($1,203 which was given to CONSENSUS),
At your budget retreat last fa ll, thi s subject was discussed quite lengthily and
th e direction from Council at th at time was that expenditures fro m this account
in 19 78 would be he ld to $20 ,000 exclu s ive of the operating funds for the
Housing Authority and funds for the Arapahoe Detoxification Center, The
latter is based upon revenue received from liquor licenses. You also directed
that the City wou ld buy a m embership in the Chamber of Commerce for this
year instead of making a contr ibution, and we have received a membership
bill for $2 ,500 for which I have authqriz ed payment .
Thus, if y ou are t.o abide by your decision at th e budget retreat, you have
$17, 500 available for providing aid to various group s ,
We have received requests from many other groups for funds. W e have not
distributed these, however, sin ce Mayor Taylor has requested that decisions
on these expenditur es not be made until his return.
Sinc~rely,
').~'/7'. , f?t, .r. V r't_/,r(' ''-
~NOY'. cCOWN , City Mana ger
ph
cc: Jimmy E , Curnes, Assistant City Manager
William D, James , Finance Director
Hu gh H. Brown, Administrative Assistant
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COUNCILMAN'S RESOLUTION
No. CR-14
Series of 1978
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RESOLUTION NO.
78-14
Sen.es of 1978
BE IT RESOLVED DY THE CITY COUNCIL OF THE CITY OF
NORTHGLENN, COLORAOO, THAT:
WHEREAS, the Land and Water Resources Management
Project developed by the City of Northglenn in cooperation
with the Farmers Reservoir and Irrigation Co., is a program
for total management of land and water resources, utilizing
irrigation water for municipal domestic purposes and return-
ing tre~ted wastewater for agricultural use; and
WHEREAS, the citizens of Northglenn, in authorizing
a $31 million dollar bond issue to build the project, affirmed
the concept that cooperation--not condemnation--provides a
method of meeting municipal water needs while keeping farm
land in production; and
WHEREAS, designation of Northglenn as a management
agency for wastewater treatment facilities, under the regional
208 Clean Water Plan, was a crucial step toward implementation
of a program which holds promise of substantial assistance in
solving the wastewater treatment problems of other citie s and
of this region;
NOW, THEREFORE, the Mayor and City Council of the City
of Northglenn extend their sincere gratitude and appreciation
to the Mayor and City Council, City of Englewood,
for their support of the Northglenn amendment to the Clean
Water Plan, passed on motion at the December, 1977, mc e ~ing
of the Denver Regional Council of Governments, and for t ~eir
participation in a true demonstration of the spirit of r egion al
cooperation.
(_L_ DATED, at Northglenn, Colorado, this .. ~·-$ day of
_j/___,/. ,...... ........ «...-7~. ,_-'----, 1978. ·,
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ATTEST:
APPROVED AS TO FORM:
~ f}, /J'!_rr ~
ALVIN B, 'l'HOMAS
Mayor
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Purpose: Re-naming of Duncan Parle to John RotJolo Pairk. ·"'
John Rotolo, owner of Rotolo 1 s Variety Store on so. Bdwy.,
has tor many years been an active and vital part of our g row-
ing community. He haa aeen many changea, and has participated
in many of the activities that have taken place in the past
25 years in our community. Among these have b e en:
1. Sporu,or for the yearly mountain burro races.
2. Sponsor for Cub Scout Pack# 174.
3. Sponsor for the Old Timera Baseball Assn.
4. Sponsors Ladies Bowling Leagues.
5. Sponsors the Kickers Sport Club.
In addition, Mr. Rotolo also finds time for participation
in many clubs. Included are:
1. Italian Club
2. Denver Turnverine Club
3. German Club
4. Elles
5. American Legion ( 50 yr. member )
6. 40 & 8 Club
7. Optomists Club
8. Chalice Club
9. Knights of Colombus
10. Englewood Athletic Booster Club
John Rotolo has also been honored several times by various
clubs and organizations. Among these are:
1. Outstanding achievement by the 4·H Club.
2. Reco g nition for community servicea from Sinclair Jr. Hi g h.
3. Reco g nition of achievement from Englewood Human Relat-
ions Club
4. Golden Achievement Award From Eng lewood High School.
5. Reco g nition of 25 yrs. service from Englewood Citp Council.
These are but a few or the many reasons why John Rotolo
would be a fitting tribute in the re-naming and dedication of the
Duncan Park. There are few people who don't know him •••• but
many who love him.
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
December 20, 1977
I . CALL TO ORDER .
The regular meeting of the City Planning and Zoning Commission
was called to order by Chairman Judith B. Pierson at 7:00 P.M.
Members present: Draper, Owens, Parker, Pierson, Smith, Tanguma,
Wade, Williams
Wanush, Ex-officio
Members absent: Lathrop
Also present: Assistant Director Romans, Associate Planner
Steve House
II. APPROVAL OF MINUTES.
Chairman Pierson stated that Minutes of the November 15, 1977,
meeting were to be considered for approval.
Owens moved:
Wade seconded: The Minutes of November 15, 1977, be approved
as written.
AYES: Williams, Draper, Owens, Parker, Pierson, Tanguma, Wade
NAYS: None
ABSENT: Lathrop
ABSTAIN: Smith
The motion carried.
III. PLANNED DEVELOPMENT
The N. 1 /2 of Lot 38,
Lots 39 thru 42, in-
clusive, Block 2, Higgins
South Broadway Heights.
Smith moved:
CASE #27-77
Tanguma seconded: The Public Hearing on Case #27-77 be opened.
AYES : Wade, Williams, Draper, Owens, Parker, Pierson, Smith,
Tanguma
NAYS : None
ABSENT : Lathrop
The motion carried.
Mrs. Pierson outlined the procedure to be followed in conducting
the Public Hearing for the information of those persons in the
audience. Mrs. Pierson asked that the staff make the initial
presentation.
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Doro thy Andr ews Romans wa orn in, and t stified that s h e is
the Assist a nt Director of Community D v lopm nt for the Planning
Div ision. Publi c No tice regarding th propose d Planned Develop-
men t did appear in the official City newspaper , and the property
has been posted the required l ength of time. Mrs . Romans asked
that the Certi fi c at ion of Posting, and the Staff Re port, be
entered into t he permanent record of this He aring. Mrs. Romans
stated that the proposal is f or the construct ion o f f ive resi-
dential units on a 112,5 ft. f ro ntage ; th e R-2 z oning restrictions
require a minimum front age of 125 feet . Dr. and Mrs , Bigelow,
applicants, appeared before the Board of Adjustment and Appeals
requesting a variance to construct the f ive units on the 112,5
f t. frontage. This request was approved by the Board o f Adjust-
ment on December 14, 1977. There were two structures on this
property, which were razed several years ago because o f dis-
repair. The proposal is for the construction of two dupl e xes,
and one single unit, on this property . Mrs. Romans stated that
the staff does recommend approval o f this proposal with the
following conditions:
l , That the final drainage and storm runoff plans be approved
by the Director of Engineering Services prior to issuance
o f a Building Permit.
2. That the fina l landscaping plans be approved by t h e Depart-
me nt of Community Development.
Mr. Tanguma asked if the staff was in receipt of a r e port from
the Board of Adjustmen t setting forth the basis on which they
granted the variance? Mrs , Romans stated that there is no
written docume nt available at this time ; however, the staff
had been noti fie d verbally that the matter was approved by the
Board.
Mrs. Pierson asked that the applicant present their case.
Mr. James Copeland
Copeland Designs -stated that he has been retained by the
applicants to design the proposed develop-
ment . He stated that h e fe lt Mrs. Romans had given a very clear
and concise pr e sentation a nd he had nothing to add; he would
attempt to answer any questions the Commission might have,
Mr . Drape r ask ed how many bedrooms each unit would contain?
Mr. Copela nd state d that they propose two bedrooms in each
un it .
Mr. Draper asked if the Board o f Adjustment considered the
p arking at t h e time t h e y considered the variance? Mr. Copeland
stated that they did consider the parking, and the proposal does
exce ed the number of parking spaces required.
Mr. Tanguma asked i f the re would be restrictions on the age of
children who mi g ht occupy the units? Mr. Copeland stated that
no ag e restrictions have been proposed •
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Mrs. Pierson asked if there were any questions o f Dr. Bigelow,
the applicant? No questions were asked of Dr. Bige low.
Owens mov e d:
Smith seconded: The Public Hearing on Case #27-77 be closed.
AYES : Tanguma, Wade, Williams, Draper, Ow e ns, Parker, Pierson, Smith
NAYS: None
ABSENT: Lathrop
The motion carried.
Smith moved:
Parker seconded: The Planning Commission recommend approval
o f the Planned Development proposed for the
following described property, provided the following conditions are met:
"The north one-half of Lot 38, and Lots 39 thru 42, inclusive,
Block 2, Higgins South Broadway Heights, Arapahoe County, Colorado."
1. The final drainage and storm runoff plans are to be approved
by the Director o f Engineering Services prior to issuance of a Building Permit.
2. The final landscaping plans are to be approved by the
Department of Community Development.
The Planning Commission hereby adopts the staf f report as the Findings of act.
AYES : Smith, Tanguma, Wade, Williams, Draper, Owens, Parker, Pierson
NAYS: None
ABSENT: Lathrop
The motion carried.
Mrs. Pi e rson stated that this matter would be re fe rred to City
Council, and thanked the applicants for coming to the mee ting ,
IV. REX T. GARRETT
1451 w. Tufts
Parker moved :
REZONING CASE #6-77 R-1-C to 1-1
Smith seconded: The Public Hearing on Case #6-77 be opened.
AYES: Pierson, Smith, Tanguma, Wade, Williams, Draper, Owens, Parker
NAYS : None
ABSENT: Lathrop
The motion carried .
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Mrs. Rom ans stated that the case before the Planning Commission
is a request for a change o f z onin g on property at 1451 West
Tu fts Avenue f rom R-1-C, Sing l e -family Residence, to I-1 , Ligh t
Industry; the appl icant is Mr . Rex T. Garrett . The public
notice o f the hearing did appear in the o fficia l City n e wspaper,
and the property has been p os ted a s required. Mrs. Romans
presented the Certification of Posting and the S taff Report,
and asked that they be entered into the record o f this Hearing.
Mrs. Romans stated that the subject pr operty is loc ate d north
of West Tu ft s Av e nue and is on the west o f the City Di tch, and
so indicated the property on the map. Under the pre s e nt R-1-C
Zone classification, the propert y could be developed with
single-f amily houses with a minimum lot area o f 6,000 sq. ft.,
and a minimum f loor area of 850 sq. ft . The request is for I-1
Light Industrial. Mrs. Romans reviewed the I-1 Zone District
provisions, and noted the excluded uses and the uses t hat
would be permitted in that District . There are limits on the
external effects of uses, such as sound and vibration levels,
the prohibition o f emission of h e at, f um e s, dust, et c. beyond
the property line. There are screening requirements for light
industrial properties that abut or adjoin a residential zone
district that must be met, said screening may be by the means
of a decorative wood, brick, block or c oncrete wall, or by
plantings and landscaping .
Mrs. Romans sta ted that the staff recommends approval o f the
request for a change o f z oning from R-1-C t o I-1 for the
following reasons :
1. Because of the topography a nd the proximity o f the subject
property to industrial development, it could not fe asibly
be developed under t h e pr esent z oni ng.
2. Because of the topography and its location below the City
Ditch, the property should no t have been z oned for single-
f amily use upon annexation to the City in 1959.
3, Expansion o f the industrial z oning ,and deve lopment to the
west, north a nd s ou th of the subject property has changed
the area to one of an industrial character .
4. The zo n ing o f the subject site fr om R-1-C, Single-family
Re sidence, to I-1, Light Industrial, would be in conformance
with the Comprehensive Plan.
Mrs, Romans noted that proper ty to the east o f t h e subject
site above the City Ditch is z o ned R-1-A, Single-f amily resi-
dence; land t o the north is zoned I-1, Light Industrial . Land
abu tti n g t h e property t o the west and immediate south is in
Arapahoe County, and given an R-3, Single-family designation.
Property in t h e City of Englewood to the west and south of
the subject site is gi ven an I-1 Zone designation .
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~rs. Pierson asked what height limitations e xisted in the I-1
Lone District. Mrs. Romans state d tha t the square footage of
the building may exceed the square footage of the lot two times ;
theoretically, a developer could cover the entire site with a
two-story building, or could construct a four-story building
covering one-half of the site, etc . Off-street parking and
off-street loading spaces must be provided on the site, which
is a form of control on the building height.
Mr. Parker asked what action City Council had taken on the
proposed amendments to the I-1 Zone District regarding per-
mitting auto wrecking yards as a Conditional Use? Mrs. Romans
stated that this matter is on the agenda for January 3rd, and
the City Council will set a date for the Public Hearing at
that meeting.
Mrs. Romans noted that Mr. Garrett's property at 1451 West Tufts
Avenue is unplatted; a subdivision plat will have to be prepared
and approved before development can take place .
Mr. John A. Criswell
3780 South Broadway -was sworn in, and testified that he has
been retained to represent the applicant,
Mr. Rex T. Garrett. Mr. Criswell presented the staff and Com-
mission with a prepared document entitled INDEX TO APPLICANT'S
EXHIBITS, and made reference to a topographical map, a land
use map, and a zoning map showing Arapahoe County Zoning in
the immediate area. Mr. Criswell discussed the topography of
the subject and surrounding areas. He pointed out there is
approximately a 20 ft. grade difference from the east to the
west line of the subject property. Mr. Criswell stated that
the subject area is approximately 6.35 acres, with dimensions
of 495 ft. on the north, 631 ft. on the west, 287 ft. on the
south, and 678 ft. on the east. Mr. Criswell pointed out that
property to the east of the City Ditch is of considerably higher
elevation than the property just west of the City Ditch, and
those homes to the immediate east of the Ditch would overlook
any development on Mr. Garrett's property. Mr. Criswell presented
as Exhibit #2, a series of photographs taken from the boundaries
of the subject property viewing adjacent properties, and pictures
taken from given points in the surrounding area viewing the
subject property .
Across Stanford Avenue to the north, the land is developed
with four or five large ware houses that have been developed
within the last five to six years; to the west of the subject
property th e re is a large industrial area, part of which is
developed by the Friedman Paper Company. To the east and above
the City Ditch , is a single-f amily residence area. Mr . Criswell
noted that on the western boundary of the City through this
area, the property is z oned for Light Industrial development.
There is an enclave in this immediate area along Tufts Avenue
which remains in Arapahoe County. There are some older single-
family homes on the south side of Tufts Avenue which are still
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in the County; south of these homes, the land is in the City
of Englewood, and is zoned for light industrial development.
Mr. Criswell stated that t h e h om es along Tufts and p ro ~rty
that is in the County in this "enclave" is z oned R-3 , Single-
fa mily, with th e exception o f a sma ll parce l north o f Tufts
Avenue and west o f Mr , Garrett's property , which is gi v e n an
I-2, Heavy Indu strial, designation. Mr , Cr iswell emphasized
that properties within the City o f Engl e wood to the north, west
and south o f Mr, Garrett's land are zoned f or 1-1, Light Indust r ial,
which, in his opinion, is logi cal c onsidering the topography o f
the area. Mr. Criswell noted that Stanford Avenue does not go
through in this area across the City Ditch, and Tufts Avenue
is the only through street in this immediate area to carry the traffic.
Mr. Criswell re fe rred to a County Zoning Map, Exhibit #5, and
stated that they have been advised the R-3, Sing le-f amily Resi-
dence, zoning was applied when the County first adopted the
over-all zoning r e solution in 1961 or 1962 , Mr, Criswell
stated they are also advis ed there is a small portion o f I-2,
Heavy Industrial, land to th e west o f Mr. Garrett's land which
was given the 1-2 classification in 1962,
Mr. Criswell displayed a land use map o f the area, and noted
that industrial development to the we st o f the City Ditch has
occurred very recently, and cited warehouses constructed in
1972 (3), 1974 (2) and one tha t was constructed as far back
as in the 1960 's. The property immediately to the west of
Mr . Garrett's property, even though z oned f or R-3 Sing le-family
residence, is used f or storage o f construction mat e rials ; this
property may or may not be in violation o f the County zoning
code. To the west of Mr. Garrett's property , and south of
Stanford Avenue, a building was constructed in 1974 that is
used for storage, and the Friedman Paper Plant was constructed
in 1976, Mr. Criswell pointed out s ix residences on the south
side of Tufts Avenue that are older residential structures; to
the south of these residences is f urther industrial develop-
ment that has occurred in the 1970's. Mr, Criswell stated that
in this area, the land to the we s t o f the City Ditch is developed
f or industrial purposes, and that if you consider the develop-
ment since 1970, it has all been of an industrial nature. M~
Criswel l stated that the residences on the south side of Tufts
Avenu e were constructed as far b ack as in the 1940's or 1950's,
and that basi ca lly, the development of the area west of the
Ditch since 1955 has been industrial.
Mr. Criswel l discussed the zoning history o f this ar e a, noting
that at the time the land was annexed to the City in 1959, the
po licy was that all property was given the R-1-A, Single-family
Resi dence c lassi f ication unless and until the land was given
f urth er consideration by the Commission and Council and another
zone classification was placed on the land. This land was,
therefore, zoned R-1-A upon annexation to the City of Englewood,
It is the client's belief that the land was given an agricultural
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z one classificatio n when under the jurisdictio n of Arapahoe
County, Sometime between 1959 and 1963, f ollowing annexation
to the City of En glewood, the land was given an R-1-D, Single-
fami ly, class i f ica tion , the R-1-D classification being less
restrictive than the R-1-A, but both being sin g l e -fami l y z one
districts. In 1963, the City of Englewood adopted the Compre-
h ensive Zon ing Ordinance, and at that time, the staff r ecom-
mend e d that the property be given an I-1, Light Indus t rial,
z one classification, In 1965, Mr. Garrett propos e d t o d eve lop
the property for a mobil e home park; the rezoning request was
withdrawn b efore the Pl a nning Commission acted on it. Two
years later, Mr. Garrett a gai n asked for the I-1 Zone classifica-
tion; the Commission recommended that the request be denied,
a nd upon appeal, t h e Council refused to hold a Public Hearing .
Three years late r, in 1970, the Plannin g Commission initiated
a rezoning t o I-1 , Lig h t Indust rial, to allow t h e d e v e lopment
of a Mobile Home Park. The minut es of t h e meet ings in 1970
indicate that the City was drafting a new mobile home park
ordinance ; Mr. Garrett asked that the Commission not proceed
f urther until the adoption o f the new mobile home park ordinance.
Mr. Criswell stated that in 196 9, the Commission and staff
studied the City in depth, and tried to forsee reasonable de-
velopment f or the City; a Comprehensive Plan was compiled,
and recommended to City Council for adoption. The City Council
adopted the Comprehensive Plan as recommend e d by the Planning
Commission . Mr. Criswell referred t o two maps, Tab 8, which
are c opies o f the Comprehensive Plan --Generalized Land Use
1970, and Generalized Land Use 1980. Both of these maps in-
dicate an industrial d evelopme n t of the subject area, and by
virtue of approval o f the Comprehensive Plan by the Commission
and City Counci l in 1969 , both bodies are "on rec ord that the
area west of the City Di tch s hould be developed f or industrial
use." Mr. Criswell stated t h at these are the facts of the
case a s he and the applicant know them to be. He asked if
the Commission had any questions o f him.
Mrs. Pi e r s on asked if the applicant had considered applying
f or Planned Deve lopment approval in addition to the rezoning
on this site? Mr. Criswell stated that the app licant has not
considered a P.D. at this point in time . He pointed out that
Mr. Garrett has been before the Planning Commission three times
in the last 14 years in an attempt to get the land rezoned ;
Mr . Garrett has g one to the expense o f having plans drawn and
presented on previous occasions and the r equ est has been denied.
Mr . Criswe ll stated that there are n o definite plans for de-
v elopment of the property at this time . Mr. Criswell pointed
ou t that before d e velopment could oc c ur on the land that it
would have to be s u bdivided. He sta ted that at the time the
subdivision plat is c onsidered , he would anticipate there might
be plans for d evelopment.
Mrs. Pierson commented that the question of development o f the
land is not within the scope of the consideration at this time.
Mr. Criswell agreed.
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Mr, Smith stated that he fe lt the proposed development of the
land is germane to this consideration. He pointed out that the
applicant is requesting a change from a single-family residential
classification to an industri a l zoning; there must be some reason
the applicant has requested the industrial zoning rather than
a higher-density residential classification.
Mr. Criswell presented a lett er fro m a Mr. Roland Barnard,
President of Midland Federal Savings, dated December 16, 1977,
as Exhibit #10, and a letter from Mr. Robert Starkloff, dated
December 21, 1977, as Exhibit #11. Mr. Criswell read both
letters for the benefit of the audience, Both Mr. Barnard and
Mr. Starkloff stated in the letters that in their opinion, the
subject property wo uld be more suitably developed with other
than single-family residential.
Mrs . Pierson called a recess of the Commission at 8:05 P .M.
the meeting reconvened at 8:15 P.M., with the following members
present: Owens, Parker, Pierson, Smith, Tanguma, Wade, Williams,
Draper. Mr, Lathrop was absent,
Mr, Criswell made reference to a copy of
Map from the Comprehensive Plan (Tab 8),
no streets are planned to extend over the
Quincy and Tufts Avenues, and added that,
cost would be astronomical to do so.
the Master Street Plan
He pointed out that
City Ditch between
in his opinion, the
Mr . Criswell then called the applicant, Mr. Rex T . Garrett, to the podium,
Mr. Rex T, Garrett
Rt. 3, Box 97
Parker, Colorado -was sworn in and testified that he maintains
offices at 300 East Hampden Avenue in Englewo od.
Mr. Garrett testified that he is in the real estate business ,
and has been for 25 years, all of that time in Englewood . Mr .
Criswell asked that Mr . Garrett describe the circumstances un-
der which he acquired the property at 1451 West Tufts Avenue ,
Mr. Garrett stated that in 1957, he traded a newly constructed
residence on South Lipan Street for the subject property, Mr.
Criswell asked if, in the time period between 1957 and the present,
Mr. Garrett had developed any single-family residences in Englewood?
Mr. Garrett testified that he had. Mr. Criswell then asked if
Mr, Garrett had developed residences and sold them or sold the
building sites in this area? Mr, Garrett stated that he had,
Mr. Garrett stated that he had developed the homes on West
Stanford Place; the 4600 and 4700 block between Lipan and
Kalamath --approximately 16 building sites in each block ; he
has developed th e north end of the 4600 block between Huron
and Inca streets ; the east side of Inca in the 4500 block, for
a total of approximately 60 homes in this particular neighborhood,
Mr. Criswell noted that in 1957, when Mr. Garrett took this
property in trade, it was under County Jurisdiction ; he asked
what the County zoning was at that time on this land? Mr .
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Garrett stated that it was given an agriculatural classification.
Mr. Criswell stated that the land was annexed to the City of
Englewood in 1959, and was given the zone classification of
R-1-A, Single-family; he asked if Mr. Garrett had attempted to
develop the property for single-family sites? Mr. Garrett
stated that in the latter part of 1959, he had an engineer
draw up proposed plot plans for single-family development,
which was submitted to Midland Federal Saving s ; his request
for a development loan was turned down. Mr. Criswell asked
if this contributed to Mr . Garrett's seeking to have the
property rezoned? Mr. Garrett stated that it did. Mr. Criswell
stated that Mr. Garrett had been before the Planning Commission
on three occasions regarding the zoning on this land, and each
time there was opposition; he asked what reason was given for
the opposition? Mr. Garrett stated that it is his understanding
that the neighbors in the area feel the rezoning of the land to
industrial would devaluate their property. Mr. Criswell asked
if Mr. Garrett was aware of the indUstrial development that
has taken place in this area since 1970? Mr. Garrett stated
that he is aware of this development. Mr. Criswell asked Mr.
Garrett if he had taken any steps to determire if the industrial
development west of the City Ditch had had any effect on the
property values of the homes east of the Ditch? Mr. Garrett
stated that he has checked on the sales o f properties in the
area, and has taken special notice of the multiple-sales; Some
properties in this area have been sold three or four times.
Mr. Garrett stated that he fe lt the sales records of several
of the properties in the area show that the property has not
devalued as a result of the industrial development. Mr. Criswell
made reference to Tab 7, which sets forth selling prices and
the rate of increase of several properties within the immediate
area. Mr. Garrett noted that properties with just one sale
have not been indicated on this information ; ''just one sale
does not give an indication of the increase in value." Mr.
Criswell asked if the sales increase in this area was comparable
to other sales increases throughout Englewood? Mr. Garrett
stated that they were comparable, Mr. Criswell asked, based
on the figures o f percentage increase on resales, and Mr.
Garrett's knowledge of real estate values, whether Mr. Garrett
felt that industrial development on his property would have
any effect on the real estate values of properties east of
the City Ditch? Mr. Garrett stated that he did not feel the
properties ~ast of the Ditch would be affected by the industrial
development of his property. Mr. Garrett discussed the terrain
of the area, and noted that the property at 1451 West Tufts
Avenue is considerably lower than the properties to the east
o f the City Ditch. Mr. Garrett noted that he lived at 4750
South Lipan Street for 12 years; this property looked over
the Water Plant and the industrial developments in that area,
and that the development was below the line of view from his
property.
Mr. Criswell asked i f Mr. Garrett felt his property could be
used for residential purposes at the present time? Mr. Garrett
stated that he felt it could not be developed for residential
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purposes; he noted the cost of bu ilding the house as well as
the cost of preparing the site for c ons tructio n, The ultimate
cost of the home would render it v ery di fficu l t t o sell in
that particular a rea, He noted that the land is very low, and
the structures would look directly into the warehouse develop-
ment to the north. Mr. Criswell not ed that the Comprehensive
Zoning Ordinance allows a residence with a minimum o f 850 sq.
f t , in the R-1-C Zo ne District. He asked i f this size of house
c ould be sold, and if not, what minimum floor area would be
marketable at the present time. Mr. Garrett stated that on
today's market, he would say that a minimum size of 1,100 sq,
ft . would be marketable. Mr. Criswell asked Mr. Garrett what
he would estimate construction costs for a house of 1,100 sq.
ft . to be, Mr. Garrett estimated construction costs of
approximately $25,000; the sale price of such a home would be,
at the v ery minimum, $35,000, Mr. Garrett stated that he did
not feel that a $35,000 house could be marketed if it were
constructed on that site,
Mr. Criswell noted that in 1965, Mr. Garrett had plans to
develop a mobile home park on the site ; in 1970, the Planning
Commission initiated the rezoning o f the site for a mobile
home park. He asked Mr. Garrett if he had any plans for the
development of the land now if the rezoning should be granted?
Mr. Garrett stated that he had no definite plans at this time.
Mr. Criswell asked Mr . Garrett if he was aware that he would
have to comply with the subdivision regulations prior to any
development on the property? Mr. Garrett stated that he is
aware of that requirement.
Mr. Smith made reference to Tab 9, Y4, which reads: "It is
so economically un f easible to a ttempt to develop this ground
for residential uses that a continuation of single-family
residential zoning will result in a confiscation of the owners'
property." He stated that by testimony presented, the property
Mr. Garrett owns is worth, probably, two times what he paid
for it ; how could this result in a confiscation o f property
if the land is not rezoned? Mr. Criswell stated that in legal
terminology if a property owner is denied the use o f his property
it is termed "confiscation" o f property. It does not refer to
an actual "taking away" of the property,
Mr. Smith questioned the reasoning for requesting an industrial
z one classification over a higher density residential classi-
fication, or the R-4, Residential Professional District ? Mr .
Garrett pointed out there would be the same problem with obtaining
f inancing for development. Mr. Smith asked if the possibility
of a multi-family d evelopment had been discussed with a lending
agency? Mr. Garrett stated that he has discussed the possibility
in generalities, but not in reference to a specific proposal ,
Mr. Criswell pointed out that the criteria for granting a
zoning is whether it is an extension of a like or compatible
zone; this would not be the case with R-2, R-3, o r R-4 zone
classifications.
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Mr . Criswell ca ll ed a Mr. Dick Rees, Star Route, Box 409-A,
Morrison, Colorado, to the stand. Mr . Rees was sworn in and
testified that he maintains offices at 300 East 9th Avenue;
h e is engaged in t he consideration of financing f or all types
of d e velopmen t f or Midland Mortgage ; he stated th a t he is a
business graduate, and has bee n in business in t he metro area
f or 22 years, 5-1/2 years o f which were with the Continental
National Bank of Englewood. He testif i e d that h e is fa miliar
with the l e nding policies of the area, and did look at the
site in q uestion. Mr . Criswell aske d Mr. Rees if, in his
opinion, it would be possible t o develop the subject sit e with
single-fa mily residences. Mr . Rees stated th at the marketability
would be very limi ted for sing l e -family structures located on
t ha t site . Mr . Criswell asked about the possibility of obtaining
mo r t g age f inancing f or a single-family development on the site?
Mr . Rees stated that he would suggest it is impossible t o get
mortgag e fin ancing f or a single-family development on this site ;
he pointed out that one o f the things a lende r would look at
is the general neighborhood and t he collateral for the loan.
Mr. Rees stated that a single-family development on this
particular site would be grea tly in f luenced by the industrial
are a to the north, west, and south. The lender would also
look at the amenities o f the n e ighborhood, a nd this neig hborhood
"has no amenities o f a good n e ighborhood."
Mrs. Pierson ask e d if Mr. Rees fe lt t he deve lopme nt of the
industrial area had an adverse effect on the value o f t he
properties to the east o f the Cit y Ditch ? Mr. Rees state d
that he did not think so, and he did not fee l the industrial
us e of the subject sit e would b e a negat i ve aspect. The
properties east o f the City Ditch will over-look the site
rather than looki ng "into " an industrial development. Mr. Rees
stated that most o f the industrial d e velopment is for warehousing,
and that there is very litt le manufacturing and fabrication in
t he area.
Mrs. Pierson asked if a ny me mbers o f the audi e nce had any
qu estions of Mr. Rees?
Mr. Gerald Ray indicate d two properties on the north end of
the west side o f the 4500 block on South Lipan Court, on the
land us e map and ask ed why an indu s trial development would not
devalue these properties? He noted there is a g rade difference
on t heir properties, so that the structures appear to be on e
story from the street . In actuality, these are two-story h ouses
with walk-out basements on the west ; these structures would be
looking directly into the industrial development i f Mr. Garrett's
request is granted. Mr. Rees stated that he did "no t feel what
you are viewing now would be af fe ct e d by development that is not
single-family" on Mr . Garre tt 's site . Mr. Ray stated that he
did feel an industrial developme nt would act to devalue the
property east of the City Ditch.
( Mr. Criswell ask ed Mr. Paul Garkie to come to the podium .
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Mr. Paul Garkie
4020 South Bellaire -was sw o rn in and testifi ed that he has
been a real estate appraiser for 33 years .
He is a member of the American Society of Real Estate Appraisers,
and of several o ther organiz a tions pertainin g to his profess ion .
Mr. Garkie stated that he has viewed the property in question,
and that he had looked at pro perties in the neighborhood, but
not for appraisa l purposes. In his opinion, the high e st a nd
best use f or Mr. Garrett's property would not be single -family
use. Mr. Garkie s tate d that he h as been an FHA appraiser, and
in his opinion, it would be impo ssible to get FHA or VA financing
for a single-family d eve lopment on the s ub ject site .
Mr. Tanguma asked Mr. Garkie what he fe lt the highest and best
use o f the s ubj ect site would be ? Mr . Garkie stated that the
f act there is light industrial directly across the street, the
City Ditch is a boundary f o r the residential area, he thinks
the best use f or the site would be for light industrial ware-
housing.
Mr. Draper aske d if o wners of single-family propert y in the
area would be able t o ob tai n a loan in this industrial neigh-
borhood. Mr. Garki e stated tha t he is not in the loan business .
He fe lt that each would have to be considered individually.
Mr. Garkie stated that i f the "wrong type o f development" goes
in on t h e Ga rrett property, he felt there would b e a considerable
deprecia tion in property values f o r the res idential properties.
Mr. Garki e stated that he felt a mobile home development on
this si te would have an effect on the property valu e s, but
q ues t ioned that a warehousing development would have.
Mr . Tanguma asked Mr. Garkie what type o f use he would suggest
that would not adversely effect the residential area, and would
be economically feas ible? Mr. Garkie stated that the permitted
uses are est ablished by the z oning controls ; he stated that he
fe l t a light industrial use that did not create smoke, glare,
noise, etc . wou ld be acceptab le.
Mr . Owens asked if Mr, Garkie fe lt that a house loca ted in
this immediate area would have t h e same value as that house
wo uld have were it to be loca ted in a residential area that
did not abut an industrial area? Mr. Garkie stated that
ge nerally, it would have the same value, but that each situation
must be considered indi vidu a lly. Mr . Garkie stated that he
was asked t o view the subject property --Mr . Garrett's property
to determine if it is feasible to c onstruct single-family
residences on that property ; he stated that in his opinion it
is not feasib l e .
Mr. Smith asked if the reason single-family home construction
on the site was not feasib l e is that the land abuts an indus-
trial property? Mr. Garkie stated that this would be one of
the ma in reasons. Mr. Smith ask e d what would happen to those
houses east o f the City Ditch which would abut an I-1 Zone
District if the zo ning were gr ante d? Mr. Garkie stated that
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he felt most o f the adverse effects on those houses has already
taken place, but some houses mi g ht be affected.
A member of the audience noted that discussion has centered
on the industrial zoning of land west of the City Ditch ; he
pointed out that the City of Englewood has developed Jason
Park which is west o f the Ditch ; there are nice single -f amily
homes being constructed on South Lipan at West Quincy. He
questioned why this area could not be developed as single-
family and why the units would not sell? Mr . Garkie noted
that to get a development started, subdivision approval would
have to be obtained from FHA, VA or a conventional lender.
He questioned that this approval could be obtained.
Mrs. Pierson stated that the Commission would hear statements
from members of the audience in f avor of the rezonin g . No
one indicated th e y wished to speak in favor o f the rez oning.
Mrs. Pierson stated that the Commission would now hear state-
ments from those opposed to the rezoning. She asked if the
opponents had a representa t ive?
Mr. Gerald Ray
4505 South Lipan Court -was sworn in, and stated that Mr.
Criswell had made reference to a
"bluff" along the City Ditch ; Mr. Ray pointed out that the
change in grade runs through the R-1-A area east of the City
Ditch; he noted that there is approximately a 12 ft. change in
elevation on their pro perty, and that grade variations exist on
the other residential properties also, Mr . Ray pointed out that
Mr . Garrett's property is surrounded on three sides by residential
zoning on properties that are either in the City of Englewood
or in the County. Mr. Ray stated that the pictures presented
by Mr. Criswell do not reflect the view from the rear of the
residential properties east of the City Ditch. Mr. Ray stated
that the topography of the area is such that the residences on
the west side of South Lipan Court would have a view directly
into the industrial development from the rear of their properties.
Mr. Ray noted that the houses being constructed at Quincy and
Lipan face into warehousing on the south side of Quincy Avenue ;
no landscaping has been provided by the industrial uses, and
the developer of the residential uses has been able to obtain
fi nancing f or the construction of these houses that sell for
$45,000 to $50,000. Mr. Ray stated that Mr. Cr iswell has testified
that when the property was annexed in 1959, it was annexed and
zoned as R-1-A, Single-family ; he stated that he felt there had
to be a reason it was brought in as R-1-A.
Mr. Ray stated tha t he has been told that persons living on
South Mariposa Drive in the 4600 block south, were told that
this area would be developed into a park, and residential use,
and that this would be a "fantastic area". Instead, the property
owner has applied for a change of zoning from R-1-D to 1-1,
Light Industrial . Mr. Ray stated that he is not aware of who
made the alledged statement, but Mr . Garrett was the owner of
the property at the time the statement was supposed to have
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been made. Mr. Ray questioned t h e validity of the statements
that loans would not be available for residentia l construction
on this site. He stated he fe l t an i ndus tria l d eve lopment on
this site will definitely have an effect on the residences east
o f the City Di tch.
Mr . Ra y stated that he does have a petition in opposition to
the rezoning r equest that has been circulated in the area and
has been signed by property owners living directly east and
south of the subject property. Mr. Ray presented these petitions
f or the record .
Mr. Ray stated that he felt it was fair to say that t he opponents
were present because they have no alternative but to oppose the
request. If the request is approved by the Commission and City
Council, and the property is zoned I-1, th e re are no controls
over what goes in --it could be a paper plant or an auto
wrecking yard. Mr. Ray stated the lack o f control and enforce-
ment of the Zoning Ordinance is a very important factor, and
cited the promises by developers of Friedman Pape r Plant that
there would be no outside storage of pape r , etc . Mr. Ray
sta t ed that paper is stored outside all day and all night; it
blows all over the neighborhood. People have called personnel
at Friedman to complain about the blowing paper and have been
informed that Friedman has "never heard about any problem"
prior to that specific call. The neighborhood is also disturbed
with the noise from the P.A. system at Friedman, The neighbor-
hood has had problems with the warehouses to the north of
Stanford Avenue. No screening has been provided by either the
developers of the wareho uses or the Friedman Paper Plant. M~
Ray stated that because of the way the ordinances are written,
there is only the police department to enforce the ordinances,
and he did not see how some of the requirements could be enforced ,
Mr. Ray emphasized that none of the warehouses that are alo ng
Quincy Avenue have been made to provide screening. Mr. Ray
stated that building height is a very important consideratio n.
He noted that there is no control over the height of the
building in an industrial area in the zoning ordinance. Mr.
Ray stated that the R-1-A Zone District is very restrictive,
and should not abut a light industrial zone district. He
stated that he did not feel the peopl e living in this district
"should be subjected to abutting an industrial area." He
pointed out that he and his wife purchased their property about
14 months ago ; they had previously owned a house in Denver and
wanted to relocate to the suburb s. He stated that when they
purchased the house, it was the "w orst one in the block", and
that they have improved the house and the area. He stated that
they have gone to considerable time ane expense to make the
property liveable, and if the 1-1 Zoning is approved, he stated
they are looking at a depreciation factor. Mr. Ray stated that
he had asked a Crown Realty representative to view the area in
light of the rezoning request; it was this r e alty representative's
opinion that the 1-1 zoning would have a negative effect on
property values. Mr. Ray stated that he did not feel the
granting of the rezoning request would be compatible with what
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the City Council has said they want to accomplish --preserving
the single-family areas. He stated t h at more and more industrial
development is coming into the City. Mr. Ray stated that this
R-1 -A District is the nicest area in the City, and that once
the I-1 District gains a foothold in the area, it will move
east of the City Ditch.
Mr. Ray c ommen ted on the shortage of park land for the City;
he stated that there should be 10.5 acres o f park land for
each 1,000 people; at the time the Comprehensive Plan was
adopted, the City had a total of 110.3 acres of park land,
and was short a considerable amount of land to be developed
for park and recreation purposes.
Mr. Ray stated that he felt there was sufficient industrial
zoning and industrial use in the City; he stated that it did
not make sense to encourage additional industrial zoning and
development, and at the same time to make low-interest loans
to persons to improve the residential area.
Mr. Ray stated that he would suggest, &s an alternative, that
the rezoning not be approved at this time; rather than accepting
the rezoning petition for the t-1 District, the Commission and
staff should design and implement buffer zoning along the City
Ditch. He stated that he felt a buffer zoning could be made
to work in this area. He stated that he had attempted to find
some information on "contractural zoning", but has been unable
to do so to this time. Mr. Ray suggested that another alternative
is to establish an enforcement person or agency to enforce the
Comprehensive Zoning Ordinance; he stated it was not fair to
the people o f Englewood to be give n promises and not have those
promises lived up to. Mr. Ray stated that he did not feel the
residents of the area are being unreasonable, but they are
trying to protect their family life and their homes.
Mr. Owens asked Mr. Ray if they had questioned the zoning of
the parcel of land owned by Mr. Garrett at the time they pur-
chased their property? Did they notice the warehouses that
were constructed at that time? He asked if, considering the
industrial development in the area which adjoins the subject
parcel of land, whether or not Mr. Ray might have considered
that the subject parcel would be considered for industrial
use in the future? Mr. Ray stated that they were not aware
o f the Friedman Plant until two days after they signed the
contract on their house. But, at the time they were looking
a t the site they purchased, th e y had a clear view to Santa Fe,
a nd the houses in the nei g hborhood were of good quality.
Mr. Owens noted that by looking at the Zoning Map on the wall
in the Council Chambers, it is evident there are places where
the R-1-A District does abut the I-1, Light Industrial District.
Mr. Ray stated that he would suggest there was an error made
several years ago in the z oning designations. Mr. OWens asked
what use Mr. Ray would suggest for the site? Mr. Ray stated
that he would prefer to see the site developed as a park .
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Mr. Smith asked how many of the houses on South Lipan Court
had basements or patios which would face directly into the
industrial are a if the zoning were to be granted? Mr. Ray
stated that four of the houses hav e basements or patios which
would be affected.
A recess of the Commission was called at 9 :3 5 P.M.; the meeting
reconvened at 9:55 P.M.
Pres e nt :
Absent:
Owens, Parker, Pierson, Smith, Tanguma, Wade, Draper
Lathrop, Williams
Mrs. Pierson stated that the Commission would continue to hear
statements from those opposed.
Mr. Don Gamet
4550 South Kalamath -stated that he has lived in this area
that is under discussion this evening
since 1934. Mr. Gamet stated that he is concerned about the
traffic that will be generated in the area if this property
is zoned for industrial development. Tufts Avenue is one of
the main arteries children have to cross to reach Clayton
Elementary School. He urged that the increase in industrial
traffic be considered before reaching a decision on the re-
quest. Mr. Gamet stated that he is opposed to any more industry
moving into the City of Englewood; he noted that the school
enrollment has decreased markedly in the last few years, and
he felt that additional residential development should be en-
couraged.
Mr. Roy Eastin
4546 South Lipan Court -stated that he has lived at this
location for 14 years. He stated
that he wanted to bring out the fact that the "paper shredder
was rammed down our throats", and the annexation and zoning
procedure was accomplished in a little over a month. This
action upset a lot of the people, and the City Council didn't
care about doing anything about it. He asked what the acreage
of the City is? Mrs. Romans replied that the City is a little
under seven square miles; 65% of which is residentially zoned
and the remaining 35% is commercially and industrially zoned.
Mr. Eastin stated that it "looks like there is enough industrial
z oning for now ". He stated that there is already industrial
traffic through the residential neighborhood, and additional
industrial zoning and development will only compound the
problem. Mr. Eastin stated that Mr. Criswell has referred to
the R-1-A zoning upon annexation and inferred that it was
illegal.
Mr. Criswell stated that it has been ruled unconstitutional
to annex property and apply zoning without notice and without
benefit of a Public Hearing. The initial residential classi-
fication for this property at 1451 West Tufts was unconstitutional.
The property was zoned R-1-D several years after it was annexed,
which was constitutional . Mr. Criswell stated that the point
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he was making was that the initial residential classification
of the property was unconstitutional, and that the staff has
recommended on several occasions since that time that the land
should be given an industrial classification, Mr. Eastin
stated that as he understood it, the property annexed at that
time all got the same treatment? Mr. Criswell replied that
it did. Mr. Eastin asked if the property was owned by Mr.
Garrett at the time it was annexed? Mr, Criswell stated that
it was,
Mr. Eastin asked of Mr. Garrett how many lending agencies he
usually contacts before he begins to build houses? Mr. Garrett
stated that at this time, Midland was the only agency he con-
tacted, Mr. Eastin asked if plans for construction were always
dropped after only one refusal? Mr. Garrett stated that this
is not necessarily the case, He stated that he could get
further information from lending institutions if it is required.
Mr. Ernest Hofer
1327 West Tufts Avenue -stated he opposed the I-1 zoning.
Mr. Gamet asked if there were restrictions on the storage of
flammable liquids, pesticides and insecticides in the I-1
District? Mr. Gamet stated that he has been a fire fighter,
and is aware of things that are stored in the warehouses.
In the event of an explosion and/or fire, these could be lethal.
Discussion ensued.
Mrs. Pierson asked if there were further questions or more
testimony to be heard?
Mrs. Ray asked "if he has no immediate plans to put anything
on his property, what is the big push at this time?" Mr.
Garrett stated that if the rezoning to industrial is granted,
he will probably start development, but he has no plans at
this point in time; he pointed out that he made plans prior to
one of the previous hearings, and "got no where". He stated
that he wanted to be assured of the industrial zoning before
having plans prepared for the development.
Mrs. Ray asked if Mr. Garrett felt there might be less opposi-
tion if there were definite plans for the development? Mr.
Garrett stated that it is possible. Mr. Garrett stated that
Mr. Ray had called him prior to the meeting, and asked what
sort of development he envisioned for the site if the zoning
were to be approved. Mr. Garrett stated that he told Mr. Ray
that he would like to have something on the site similar to
the development around the Elks Club on South Jason --a one
story structure, 12 ft. maximum height. Mr. Garrett stated
that he would agree the Friedman Paper Plant should not have
been permitted in the I-1 Zone District, Mr. Garrett reiterated
that he had lived at 4750 South Lipan Street for 12 years .
Mr. Owens asked if Mr. Garrett would be agreeable to filing a
Planned Development for the site? Mr. Garrett stated that if
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he understood the Planned Development concept, he would be
agreeable. Mr. Criswell stated that he felt Contract Zoning
was proper, but the City Attorney has stated that it cannot
be done, and Mr. Criswell stated he would not discuss that
issue further at this time. He noted that as the staff and
applicant have pointed out, the property cannot be developed
as R-1 . The property will have to be subdivided before any
development can occur, no matter what zoning is applied to the
land. Mr. Criswell stated that at this stage, Mr. Garrett is
not in the position to come in and state which uses will be
put on this land --the uses will be limited if the 1-1 Zone
District is approved.
Mr. Criswell noted that conditions may be placed on a Sub-
division Plat that could control the development to a degree,
as well as the controls that are in the Zoning Ordinance. Mr.
Criswell stated that he felt there would be sufficient control
over the property if the I-1 Zoning were granted to require a
Planned Development or Subdivision Plat at the time of develop-
ment, Mrs , Pierson asked if the property owner could develop
the entire six acre tract without coming back to the Commission?
Mr. Criswell stated that he felt this is possible, Mrs. Pierson
asked if the Commission could grant the zoning with the con-
dition that the property owner come before the Commission with
a Planned Development or Subdivision Plat of the property?
Mr. Criswell stated that he knew of no zoning authority in the
metro area that granted zoning on unsubdivided land that did
not make the zoning conditioned on subdivision of that land,
Mr. Wanush stated that he did not feel subdividing of the land
could be required, based on the statements of the City Attorney.
He stated that he felt there would have to be subdivision of
this land to make proper use of the land, but that it is possible
to use the land without subdivision.
Mr. Smith asked Mr. Criswell and Mr. Ray if it would be possible
to get the applicant and the opponents together to discuss the
possibility of placing covenants on the land? Both Mr. Ray and
Mr. Criswell stated that they assumed this would be possible,
Mr. Smith stnted that he felt it was possible, if some agreement
could be reached between the applicant and the opponents, to
grant the rezoning request and still protect the property owners
in the residential area.
Mr. Garrett stated that he would be willing to work with the
residential property owners if at all possible. Mr. Criswell
commented that he felt something could be worked out through
negotiations with the opponents. Discussion ensued.
Smith moved:
Owens seconded: The Public Hearing on Case #6-77 be continued
to January 24, 1978, at 7:00 P.M.
AYES: Parker, Pierson, Smith, Tanguma, Wade, Draper, Owens NAYS: None
ABSENT: Williams, Lathrop
The motion carried,
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It was moved, seconded and carried that the meeting be
adjourned . Meeting declared adjourned at 10:35 P.M.
Gertrude G. elty }'
..-Recording Set:retary
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR
RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION.
DATE: December 20, 1977
SUBJECT: Planned Development
RECOMMENDATION:
Smith moved:
Parker seconded : The Planning Commission recommend approval
of the Planned Development proposed for the
following .described property, provided the following conditions
are met:
"The north one-half of Lot 38 and Lots 39 thru 42, inclusive,
Block 2, Higgins South Broadway Heights, Arapahoe County,
Colorado,"
1, The final drainage and storm runoff plans are to be approved
by the Director of Engineering Services prior to issuance
of a Building Permit,
2, The final landscaping plans are to be approved by the
Department of Community Developnent,
The Planning Commission hereby adopts the staff report as the
Findings of Fact,
AYES: Smith, Tanguma, Wade, Williams, Draper, OWens, Parker,
Pierson
NAYS: None
ABSENT: Lathrop
The motion carried,
By Order of the City Planning
and Zoning Commission,
Ge'rtrude G. Welty
Recording Secretary
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MINUTES
COUNCIL MEETil\'G
4
DENVER REGIONAL COUNCIL OF GOVERNMENTS
DECEMBER 21 , 1977
Present:
Don DeDecker, Chairman
Gloria Armstrong
Charles Bransford
Harlan Brock
George F. Chandler
Marjorie Christiansen
Robert F . C lement
William V. Cobern
Harold V. Cook
Eugene DiCarlo
Doris Durdy
Robert Foster
Lab oyta Garnand
Samuel J. Harper
Ruben Hartmeister
Harold T. Hodges
Jack Kinstlinger
Margaret B. Markey
Joseph E. Mccloskey
James R. Miller
Ves ta H. Miller
Peter M . Mirelez
Edith Ly nn Moran
James J . Nolan
Charles A. Pitts
Reuben W. Schluntz
Norman A. Smith
Douglas T. Sovern
Lu Ella Terry
Arthur J. Tice
William Thor!1ton
Robert G . Trenka
Alfred W. Vitt
City of Lakewood
Town of Superior
City of Lafayette
Town of Erie
City of Longmont
Commerce City
Jefferson County
City of Aurora
City and County of Denver
City of Louisville
City of Brighton
Town of Castle Rock
Air Polluti o n Control Commission
C ity of Littleton
City of Golden
City of Northglenn
Colorado Department of Highways
Boulder County
City of Thornton
Town of Nederland
City of Arvada
Adams County
City of Idaho Springs
City and County of Denver
Arapahoe County
Central City
City of Broomfield
City of Englewood
City of Gleridale
Town of Federal Heights
Town of Bow Mar
City of Boulder
Greenwood Village
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COUNCIL MINUTE S
December 21, 19 77
Page two
Also Pre sent:
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Howard R. Brown, Cit y of Englewood; Jo h n Morehead, t he De n ve r Post;
Al Gordon, Rocky Mou ntain Ne ws; Tho ma s W . Benson , DRC OG Attorney;
Mary Ann Barton, Mary W. Williams, Lorie Yru ng, and Michael Moore ,
Metro Panel; Terry Anderson, EPA; Barbara Williamson, RT D ; Gary Broetzman,
State of Colorado; Ray McNeill, Metro Sewage; Bill McCall. Ara p ahoe
County; Duane Greenfield, City of Aurora; Ro bert E. Wilc ox, Erie ; James L
Lauzati, Erie Councilman ; Jeannine Heitman, Sentinel; John R. Henderson;
Michael Schonberg, Thornton; Wayne Ethridge, Northg lenn; Mary Jo Cavarra,
Wheat Ridge City Council; Bob Moran , I daho Springs; Che ryl Signs, We st-
minster; Gary Lewman, Wheat Ridge; Kells , Waggoner, Englewood; Robert D.
Farley, Executive Director, DRCOG; and various members of the DRCOG staff.
Chainnan Don DeDecker called the meeting to order at 7:3 7 p. m. Roll was
called and a quorom declared prese nt.
The following towns submitte::l letters appointing members to the Council:
Erie -Harlan E. Brock, Mayor; Idaho Springs -Edith Lynn Moran, Councilwoman
(for this meeting only); and Superior -Gloria Annstrong, Trustee.
Minutes of November 16, 1977
Council on motion by Mr. Cobern support ed by Mr.
Trenka, unanimously approved the minutes of the
November 16, 1977 me eting as mailed.
Report of the Chairman
This item was deferred to the end of the meeting.
Report of Committees
James Nolan suggested that the report of committee s also be deferred to the end
of the meeting but asked that intere sted parties remain especia lly to participate
in the I-470 transfer fund discussion.
Proposed Amendments to Adopted Regional P lans
(At this point, Dou g las Sove rn, Englewood, turned his seat over to his alternate,
Howard Brown, du e to a conflict of interest.) David Pampu, DRCOG staff, re-
ported on a resolution concerning the amendment submitted by the City of
Northglenn to be designated as a Management Agency under the Council's
208 C lean Water Plan. Since Ue public hearing, the Citizens Advisory
C ommittee reviewed all the proposed amendments.
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COUNCIL MINUTES
December 21 , 1977
Page three
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Coun c il on motion by Mr. Cobern, supported by
Mr. Clement, m ov ed for adoption of A Resolution
Ad opti ng an Amendment t o the Clean Water Plan
to Designate Northglenn as a Management Agency.
Mrs. Miller, supported by Mr. Mccloske y, moved
to amend the resolution as shown in Attachment 1
to these minutes.
Charles Pitts, Board of Commissioners of Arapahoe County, submitte d their
Res o lutio n No . 1089-77, which unanimously declares the ir support for the
City of Northglenn with a "no" vote on the proposed amendm e nt and a "yes"
that Northglenn be d esignated as a Management Agency. Lu Ella Terry,
City of Glendale, als o prese nted a letter signed by John L. Baudek, City
Ma nager, unanimously approving that Northglenn be designated as a Manage-
ment Agency. A resolution in support of that same designation was submitted
from the City of Golde n.
Further affirmative comments were made by Peter Mirelez, Adams County;
Ruben Hartmelster, Golden; Lu Ella Terry , Glendale; Robert Clement,
Jefferson County; Charles Bra n sford, Lafayette; Harlan Brock, Erle;
Jim Nolan, City and County of Denver; Doris Durdy, Brighton; Eugene DlCarlo,
Louisville; Bill Thornton, Bow Mar; and Bill Cobern, Aurora , with a statement
by Harold Hodges of Northglenn urging defea t of the ame ndment and passage
of the res o lution. Joe Mccloskey, Thornton, agreed with the concept but
believes the designation ls premature and therefore was in favor of the
am e ndm e nt.
Mr. Farley spoke in b ehalf of the staff noting the amendment supports the staff
position for deferral.
A roll call vote w as ta ken which r es ulted in
defeat of the amendment by a 2 7 n o, 3 yes
vote.
Mrs. Miller, su pported by Mr. McCloskey,
moved to amend the resolution by adding the
following language: "Northglenn be given
status as a management agency except that
such statu s be withdrawn if propos ed plans
do not resolve the basin wide issue of the
sewage originating in the area g e nerally
known as the l ower South Platte in accordance
with 201 obj ectives."
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COU NCIL MINUTES
December 21, 1977
Page four
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A voice vote taken defeate d the amendment.
Question was called on the main m otion to
adopt Resolution N o . 2 7, 1977, A Re solution
Adooting An Amendment to the C l ean Water
Plan to Designate Northgle nn as a Manage -
ment Agency. A roll call vote was taken
on adoption of Resolution No . 27 , 1977,
which passed 28 yes, 2 no. (A signed copy
of Resolution No. 27, 1977, is attached to
and made a part of the file copy of these
minutes).
Mr. Pampu, DRCCG Staff, discussed the amendment proposed by the
Colorado Department of Highways to am end the Regional Street and Highway
Plan designating So uth Santa Fe Drive as a principal arterial. Mr. Nolan,
Denver, advised that the Program Committee recommends adoption of the
res olution.
Council on motion by Mr. Cobern, supported by
Mr. Nolan, unanimously adopted Resolution No.
28, 1977, A Resolution Adopting an Amendm e nt
to the Regional Street and Highway Plan Designating
South Santa Fe Drive as a Principal Arterial.
(A signed copy of Resolution No. 28, 1977, is
attached to and mad e a part of the file copy of
these minutes).
Staff introduced the proposed amendment and briefed Council on the issues
involved.
Council on motion by Mr. Cobern, supported by Mr.
C lement, unanimously adopted Resolution No. 29, 1977,
A Resolution Adopting an Amendment t o the Regional
Parks , Recreation I and Open Space P Ian for Reg ion III.
(A signed copy of Resolution No . 29, 19 77, is
attached to and made a part of the file copy of these
minutes).
Discussi on of Proposal from DRCOG Parks and Recre ation Advisory Committee
Re questing State Acquisition of Standley Lake .
Mr. Nolan pointed out that the Program Committee studied the issue and it
wa s their opinion that it seemed unlikely that the Governor w ould put the
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COUN C IL MINUTES
D e cember 21, 1977
Page five
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issue on his Call. The conce rn was that if it was designated as a state park
that there would be insufficie nt funds to acquire and develop. Therefore, an
alternative resolution was drafted, and the Program Committee urged its
consideration by Council.
Council on motion by Mr. Nolan, supported by
Mr. Hodges, unanimously adopted Resolution
No. 30, 1977, A Resolution Endocsing Designation
of Standley Lake and Adjacent Lands as a State
Park. (A signed copy of Resolution No. 30, 1977,
is attached to and made a part of the file copy
of these minutes).
Ad Hoc Committee Proposal Concerning Metropolitan Denver Panel.
Mr. Nolan, Chairman o f the Program Committee, endorsed the concept of a
Metro Council includ ed in the propo sal. He submitted that the compromise
proposal placed before the Council was a good concept because it involves
local elected officials. This plan corrects the problem of planning without
a tool to implement th o s e plans. The proposed resolution was supported by
Robert Clement, Jack Kinstlinge r, Ha rold Hodges, Charles Pitts, Vesta Miller,
Bill Thornton, Mike M o ore, and D o n De Decker. Also, Bill Cobern and Pete
Mirelez, stated that the y agreed; however, their governing bodies directed
them to vote against the r e s o luti o n.
Council on m otio n by Mr. Thornton, supported by
Mrs. Miller, a d opted Resolution No. 31, 1977,
A Resolution C o ncerning a Proposal For Metro-
p o litan Planning/Po lic y-Ma king Structure . A roll
ca ll vote was ta ke n and the motion carried with
18 ye s v ot e s, 3 n o v otes, and 5 abste ntions cast.
Mr. Cle me n t , s up p orte d by Mr. Nolan, moved t o
dire ct the DRC OG C hairman to write a l e tte r t o
Mike Moore thanking him and his gr ou p for their
as s istance on this matter. M otion c arrie d
unanim ou s ly.
Re solution Commending D o n L. DeDecker.
Counc il o n motion by Mr. Nolan, supporte d by
Mr. C l e me n t , u nanim ously adopted Re solution
N o . 3 2, 19 7 7 , A Resolution Commending the
Service o f Don L . De Decker. (A signed copy of
Res olutio n No . 32 , 1977, is attached to and made
a p art of the fil e c opy of these minute s) .
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COUNCIL MINUTES
December 21, 1977
Page six
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1977 Am e ndments to the Clean Air Act.
Mr. Pampu explained the amendment s to the Act which call for maintaining
air quality p lanning in the state by local ele cted o ffi cials working with
state and other agencies .
Council on motion by Mr. Nolan, supported by
Mr . Cobern , unanimously adopted Resolution
No . 33, 1977, A Resolution Designating the
Denver Regional Council of Governments as
the Air Pollution Control Planning Agency for
the Denver Region. (A signed c o py of Resolution
No. 33, 1977, is attached t o and made a part of
the file copy of these minutes).
DRCOG Moving t o Diamond Hill.
Mrs . Markey urged that bus travel information b e provided to the members
before the move to new quarters of DRCOG to Diamond Hill, which move is
to be affected by March 1, 1978.
Review of Amendments to the 1978 TIP Annual Element.
Council o n motion by Mr. No lan, supported by
Mr. Cobern, moved for approval of the
Amendments to the 1978 TIP Annual Eleme r.t,
noting one coLTection on the second page, "North
of 84th Ave." should read, "North of 48th Ave."
The motion carried unanimously .
I-470 Transfer Funds.
Mr . Pampu pointed out that we need t o act on the transfer of funds from the
I-4 70 to other projects. Approximately sixty-one million dollars are invo lved,
and we need to move ahead now for money t o be transferred for 1979 funding.
Last Octobe r, th e Council directed to set up procedures which will be s ubmitted
at the January meeting along with evaluation criteria. Mr. Nolan aske d that it
be put in th COG Digest that w e must have your requests for funds within the
n ext 3 0 day s . Mr. Kinstlinger remarked that since th e transfer was n ot
approved until September 30, 1977, there was a problem, but this coul d be
taken to Congress t o cut down on the time of the 18 months which it usually
takes . Bill Thornton pointed out that when this process was initiated r egarding
transfer, it was stated that the majority of the money would remain in the
southwest sector.
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COUNCIL MINUTES
D e cember 21, 1977
Page seven
Report of the Executive Director.
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Mr. Farley pledged the DRCOG staff's continuing cooperation to Northglenn
and wished them well. On the 208 Clean Water Plan, the State continues to
insist on conditioning its certification. A draft of the conditions suggested
by the State was distributed,
DRCOG is holding a Regional Growth and Development Conference on January
26, 1978, at the Regency. All Council members were encouraged to attend.
The January and February Executive Committee Meetings have been re-scheduled
to the third Wednesday, January 18 and February 15 at 2:30 p.m.
Mr. Farley reviewed and summarized a number of the issues dealt with during
1977 and highlighted the year's major accomplishments.
Other Matters by Members .
Chairman DeDecker expressed appreciation to the staff for their assistance
and dedication during his chairmanship.
Adjournment.
There being no further business, the meeting adj ourned at 10 :00 p.m.
ATTEST:
Robert D. Farley
Executive Director
Don DeDecker , Chairman
Denver Regional Council of Governments
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ATTACHM ENT 1.
PR O POSE D AMENDMENT TO RE SOLUT I O DESIGNATI NG
NORTHG LEN N AS A MANAGEMENT AGENCY UNDER THE
CLEAN WATER PLAN
(I n sert followlng fifth "WHEREA S ")
WHEREAS , th e De nver Regional Cou ncll of Gove rnments ha s r eviewed th e
re quest in accordance with its adopted plan a me ndme nt procedure; and
WHEREAS, th e De nver Regional Councll of Government s has identified t he
fo llo wing issues which have n o t been r esolved and coul d affect Nort hglenn' s
ability t o discharge management a ge ncy r espon sibili t ies :
1) c o nd e mnatio n proceedi ngs by the Clty of Thornto n o n the FR I CO
wate r that Northglenn p ro p oses t o borrow ,
2) negotiati o n s between No rthglen n and Tho rn ton concerning t he
sale of o t er d l strlbut io n and w ast ewa t e r collP cti o n lines
wlthln th e C ity of Northglenn curre ntly o wn ed by th e Ci ty of
Thornton,
3) contra c tual arrangeme nts bet ween the City of Thornt o n and
individual customers withln th e C ity o f Northgle nn, and
WHEREAS, at pre sent the "best alternative" c anno t be determined for t h e
provision of sewage trea tm e nt facillti e s in the Lower South Pla tte Basin .
NOW , THEREF O RE, BE IT RES O LVE D that the De nve r Regional Cou ncil o f
Governme nts d efe rs action o n the N o rthglenn r e qu est t o become a wate r quali ty
Ma na ge ment Agency until th e above-c it ed ls sues have b ee n r esolved .
BE IT FURT HE R RESOLVE D that th e Denver Regi o nal Council of Government s
e xpresses its wlllingne ss to recommend any chang e in Management Agency
deslg natio n n eces sary t o impl eme nt any f easible wa ste trea t ment facllities
d e termined t o be th e best solutio n from the perspe ctlve o f th e e ntire Lower
South Platt e Basi n,
BE IT FU RTHER RESOLVED that th e De nve r Regi o nal Council of Gove rnm ents
urges those agencles d irectly affect ed by decisions in thi s basin t o work tog e t h er
t o achi e ve a basi n soluti on which incorporate s th e a gri cultural reus e con ce pt.
BE IT FURTHER RESOLVED that th e De nver Re gio nal Councll of G o vernme nt s
o ffers its services and assistance toward reso l u t i on of th e issues to th e a ffect e d
communities .
12 /12/77
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
December 27, 1977
I , CALL TO ORDER,
The Special Meeting of the City Planning and Zoning Com-
mission was called to order at 7:00 P.M. by Vice-Chairman
Eddie Tanguma.
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Members present: Draper, Parker, Smith, Tanguma, Wade, Williams
Wanush, Ex-officio
Members absent : Lathrop, Owens, Pierson
Also present: Assistant Director Dorothy A . Romans
II, COMPREHENSIVE ZONING ORDINANCE
§22 ,48 Flood Plain
§22.8 Definitions
Flood Hazard Boundary Map H 01-04
Flood Insurance Rate Map I 01-04
CASE #28-77
Mr. Tanguma stated that the Public Hearing scheduled this
evening pertains to the amendment of the Comprehensive Zoning
Ordinance, §22,48, Flood Plain, and §22,8, Definitions, and
the adoption of the Flood Hazard Boundary Map /Flood Insurance
Rate Map, Mr. Tanguma stated that anyone wishing to speak on
the matter before the Commission would please come to the
podium and be sworn in ,
Williams moved:
Smith seconded: The Public Hearing on Case #28-77 be opened.
AYES: Williams, Draper, Parker, Smith, Tanguma, Wade
NAYS: None
ABSENT: Lathrop, Owens, Pierson
The motion carried.
Mr. Tanguma asked for the staff presentation ,
Mrs. Dorothy Romans was sworn in, and testified that Public
Notice of the Public Hearing did appear in the official City
newspaper, the Englewood Herald Sentinel, and the flood plain
a reas as depicted on the maps have been post e d, giving notice
of the Hearing.
Mrs. Romans asked that the staff report f or Case #28-77 and
the Certification of Posting be made a part of the record of
t his Hearing.
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Mrs. Romans stated th at with the increase in population, areas
which were heretofore undev e loped along t h e rivers and drainage-
ways are now being developed. Property owners who were heavily
exposed wanted to be insured ; but the insurance companies found
t hat they could not handle the insurance f or these persons who
wanted to develop in the flood plain areas, The Federal Govern-
ment made studies o f the need for insurance f or property owners
in these areas, and Title 13, the Flood Insurance Act, was en-
acted in 1968. Flood Plain Management r egulations were developed
by the Federal Insurance Administr ation, and municipalities
we re g iven two years to adopt a flood plain o r dinance and to
apply f or participation in the National Flood Insurance Program;
the incentive for adoption was that insurance would be available
under the Federal subsidy program at a reasonable cost to
property owners. I f a community chose not to participate in
the Fe deral Program, insurance was not available to property
owners in the flood plain in that community, Englewood adopted
the Flood Plain Regulations, §22.4B of the Comprehensive Zoning
Ordinance, by Ordinance #37, Series of 1971, Englewood was one
o f the first communities to participate in the National Flood
Insurance Program, and on February 26, 1971, property owners
within the 100-year flood plains in the City became eligible
f or the subsidized rate on Flood Insurance.
Because maps of the specific flood plain areas had not been
made available by the Federal Insurance Administration, the
e ntire City was designated as an area of special flood hazard.
With the adoption of the Flood Plain Ordinance, all building
permit applications would be reviewed to determine if the
property was in a flood plain area prior to issuance of the
Permit. The staff made use o f studies on Little Dry Creek by
McCall-Ellingson, Inc; of studies o f Big Dry Creek by V.T.N.,
and o f the South Platte River by the Corps of Engineers in 1964,
to determine whether a specific property was in a flood plain
area. Flood Plain maps have not been adopted officially by
the City to this date.
Th e Federal Insurance Administration has revised the regulations
the Eng lewood Flood Pla t n Ordinance is based on and the F.I.A.
i s requiring that all jurisdictions adopt these revisions before
February 1, 1978, to remain eligible for flood insurance subsidy.
Mrs. Romans reviewed the major changes in the proposed amended
Flood Plain Ordina nce :
1 . Th e Flood Hazard Boundary Maps and Flood Insurance Rate
Maps which have been prepared by the Federal Insurance Ad-
ministration, are declared to be a part of the Flood Plain
Ordinance,
2 . I f deemed necessary, approval from Federal, State, or other
local governments will be obtained before Building Permits are
issued within the Flood Plain.
3, No structure will be permitted in a floodWay •
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4 . "Special Exception Permits " have been redesignated as
"Development Permits " and the administration of the Develop-
ment Permit becomes the responsibility of the Flood Plain Ad-
ministrator. Because the criteria for issuing a Development
Permit is based on technical requirements, the Flood Plain
Administrator appears to be the logical enforcement agent.
Under the present provision, Planning Commission is
designated as the approving authority for Special Exception
Permits. To this date, no application has been made f or a
Special Exception Permit.
5. A new section has been added which requires anchoring of
mobile homes and other protective measures in new or existing
mobile home parks. An evacuation plan for mobile home parks
must be prepared and filed with disaster preparedness authorities.
6. The Director of Community Development or his assignee is
designated as the Flood Plain Administrator rather than the
"Director of Planning". At the time the Flood Plain Ordinance
was adopted, the Department was "Planning" rather than "Com-
munity Development."
7. Certificates of Compliance must be issued before any de-
velopment in the flood plain can be occupied or used and
permanent records must be kept of these ~ertificates. Among
other information, the certificate must state whether or not
a structure contains a basement.
8. Requirements for Subdivisions in flood plain areas are added.
9 . Variance procedures have been included and the Board o f
Adjustment and Appeals is designated to hear and decide appeals
and requests f or variances as they relate to the Flood Plain
Ordinance. This is not a new procedure, but it has been
clarified and criteria has been established to direct the
Board's action.
10. Certain additional definitions have been added which are
intended to assist in the interpretation of the Flood Plain
Ordinance.
Mrs. Romans stated that the staff has worked quite closely
with Mr. Douglas Gore, the Flood Plain Specialist with the
regional office in Denver. Mrs. Romans noted that if, after
working with the proposed amendments and maps, changes are
determined to be necessary, these changes can be accomplished
with the approval of the F.I.A.
Mrs. Romans indicated other key points in the proposed amend-
ment, such as the right c1 appeal to the Board of Adjustment.
Mr. Tanguma asked if there were questions from the Commission
of Mrs. Romans?
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Mrs. Wade asked how often changes would occur in the text and
map? Mrs. Romans stated that changes would be made as necessary.
She pointed out that this is the first time in seven years that
the City has been told changes had to be made to stay in compliance
with the Federal regulations.
Mr, Smith referred to the sta t ement in the staff report that" If
deemed necessary, approval from Federal, State, or other local
g overnments will be obtained before Building Permits are issued
within the Flood Plain"; he questioned the necessity of this
provision? Mr. Wanush stated that in most instances, the
Federa l or State governments would have no interest in the
issuance of building permits; it is only a requirement to check
to see if the proper procedures have been followed. Mr. Smith
asked "who deems it necessary ?" Mr. Wanush referred to Page 4
of the proposed amendment, which states that the Flood Plain
Zoning Administrator must review all the building permits on
a case-by-case basis ,
Mr. Smith questioned the definition of "f loodway"? Mr . Wanush
stated that a floodway is different than a flood plain, the
floodway pertaining to the main flow channel of the water.
Mr, Smith questioned what "substa ntial improvement" means?
Mr. Wanush stated that this is in the present Flood Plain
Ordinance; a substantial improvement is an improvement worth
more than 50% of the value of the property before the improve-
ment is made. Mr. Smith suggested that the title for this
definition be changed to "Substantial repair, reconstruction
or improvement."
Mr. Smith asked if anything was discussed with Mr. Gore in
regard to giving notice that a property is in the 100-year
Flood Plain at such time as that property is listed for sale?
Mrs. Romans stated that this was not discussed with Mr. Gore.
Mr. Tanguma asked how many Federally subsidized insurance
policies have been sold to Englewood residents? Mr. Wanush
stated that around 38 policies have been sold --both commercial
and residential policies.
Mr. Parker asked if persons outside the designated 100-year
Flood Plain boundaries would be eligible to purchase the
federally subsidized insurance? Mr . Wanush stated that anybody
in the City is eligible to purchase this insurance if the City
participates in the Program.
Mr. Tanguma asked how the premiums are determined on the Floai
Insurance? Mr. Wanush stated that he understood the maps are
divided into zones, and the rates are determined by the par-
ticular zone and also the elevation of the property in relation
to the 100-year flood elevation.
Mr. Tanguma asked if there were any questions from the audience
t o be asked of Mrs. Romans or of Mr. Wanush?
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Mrs. Donna Dutton
3165 South Elati -stated that she had seen the posting signs ;
the maps do not depict Cinderella City as
being in any part of the flood plain, She stated that she was
"afraid my property is going to be wiped out before a flood
comes."
Mr. Wanush stated that the hearing pertains to the amendment
of the existing Flood Plain Ordinance ; regulations already
pertain to areas that are in the flood plain as indicated on
maps available in the office. However, the maps depicting the
flood plain areas have never been officially adopted. This
hearing is concerned with the proposed amendment of the existing
Flood Plain Ordinance, and the adoption of the Flood Hazard
Boundary Map /Flood Insurance Rate Map. Mr. Wanush noted that
property owners whose properties in the flood plain that woulcI
be damaged or destroyed by floods would be allowed to rebuild,
but they would have to follow certain regulations for flood
proofing.
Mrs. Dutton stated "you aren't here to make any plans that
are going to destroy homes?" Mr. Wanush reiterated that this
meeting is concerned with the arueudment of the flood plain
ordinance and adopting the flood plain maps. He stated that
the maps were posted on the signs in an effort to notify property
owners of what is proposed.
Mrs, Dutton asked "who initiated this; did the City invite
someone to survey the area?" Mr. Wanush stated that the
City has been concerne~ with the flood plain for some time;
the actual impetus to pass the ordinance was initiated by
the Federal Government, which said that they would provide a
means for property owners to obtain flood insurance, but for
those property owners to actually get that insurance, the
municipalities must conform with the Federal Regulations on
Flood Plains.
Mr. James Walsh
3242 South Elati -stated that some literature was circulated
in that area last summer suggesting alterna-
tives for flood control ; he asked what the response was on this
questionnaire? ·
Mr. Wanush stated that the meeting this evening is not concerned
with the surveys and questionnaires of last summer. The meeting
this evening is concerned with regulations on the use of land in
the flood plain ; the discussions of the previous summer were
concerned with "flood control", or methods to "reduce" the
Little Dry Creek flood plain area. This meeting has nothing
to do with what will prevent flooding on Little Dry Creek.
Mr. Robert B. Wiley
3223 South Santa Fe -stated that he was concerned about the
location of the flood plain as indicated
on the maps . He stated that he had been in the office in an
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attempt to determine whether or not his property was included
in the flood plain, He questioned that the flood plain would
actually spread out west of Santa Fe as is indic ated on the
maps ; h e noted that there are the two trestles for the railroads
which would catch debris and a culvert under the highway to
carry the water. Mr. Wiley made re f erence to th e ordinance
as it is proposed to be amended.
Mr. Tanguma asked Mr. Wiley to limit his comments at this time
to questions of Mr. Wanush or Mrs. Romans, inasmuch as Mr.
Wanush must leave shortly to attend a meeting in Sheridan ,
Mr. Wiley stated that he would address his comments to the
Commission at a later time,
Mr. Homer Todd
3258 South Elati -stated that many of the people in this
particular area did not realize the purpose
of this meeting this evening, He asked if he understood that
the purpose of the meeting was "to get an ordinance in effect
so people living in the flood plain could get flood insurance?"
Mr. Wanush stated that this is the intent of the meeting,
Mr. Todd asked if persons living in the flood plain area at
the present time were or were not eligible for flood insurance?
Mr. Wanush stated that people are eligible for flood insurance
at the present time, Mr. Todd stated that he had applied for
flood insurance last summer, and was told by his insurance
agent that he did not qualify for the flood insurance, The
agent stated that a flood plain was not established at that
time.
Mrs. Dutton stated that she had contacted at least six insurance
agents in the City, and they were all unaware that persons in
the City were eligible for flood insurance.
Mr. Yates
1074 West Dartmouth -noted that the maps he had showed the
Little Dry Creek and South Platte River
f lood plain together; he asked if the construction of the
Chatfie ld Dam had had any effect on the South Platte River
f lood plain,
Mr . Wanush stated that the maps do take into consideration
the Chatfield Dam , Mr. Wanush stated that if there are problems
with the mapping, he would suggest that testimony be given on
that matter at this time. The sta ff would then research the
questions and attempt to resolve the problems ,
Mr. Maynard Jacobson
191 West Rafferty Gardens -stated that he noted that the Big
Dry Creek Flood Plain has been
d e lineate d on the map, He said that recently some man con-
tacte d him at his home and had stated that he wanted to change
the course of Big Dry Creek to allow building there. Mr.
Ja c obson stated that his property is in the flood plain for
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Big Dr y Creek, and that floods have come down that creek
that have taken out his fe nces and some o f his trees .
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Mr. Wanush stated that the changing of a water course or a
flood plain would be r egul ate d under th e proposed ordinance.
Mr. Jacobson st a ted that he is a long time resident of the
area and has s ee n many f loods ; the Littleton Independent calls
him after every flood to ask his determination on how it com-
pares with past floods.
John Kucharsk
3428-1 /2 South Bannock -asked how the flood insurance would
work --would they be reimbursed for
loss?
Mrs. Romans stated that the flood insurance would cover damage
and loss that is sustained as a result of a flood .
Mr. Tanguma stated that a great deal of the coverage would
depend on the type of insurance coverage they took out; it
would cover personal effect s only if they applied for that
coverage . Mr. Kucharsk asked how to go about getting the flood
insurance. Mr. Smith stated that any regular insurance agent
is supposed to be able to write policies under this program.
If some particular agent is not able to do so, he would suggest
Mr. Ku c harsk call the Federal Government or the staff for
assistance.
Mr. Smith stated that after the first of the year, the City
Council will go over the alte rnatives that have been presented
in the matter of flood control. Mr. Smith stated that there
will be public hearings on these alternatives, and there will
be publicity on these hearings.
Mr. Joel B. Huston
3290 South Galapago -asked if there was a legal description
of the areas that a re in the Flood Plain?
Mr. Huston stated that he fee ls the map is ambiguous.
Mrs . Romans stated that the proposed amended ordinance would
app ly to any flood drainageway in the city. Mr. Huston asked
"what is covered on the maps?" He noted that some people might
think this would apply only to a small area and do not r e alize
that the ir property may b e included in the flood plain .
Mrs. Romans pointed out that the F.I.A. has adopted flood
boundary maps on Little Dry Creek, Big Dry Creek, and the
South Platte River; however, the flood plain restrictions do
apply to the entire city.
Mr. Huston stated that he felt the posting notification that
was given was mis-leading, and that residents were under the
impression they were to attend the meeting to discuss "flood
control"t and not the flood plain. He suggested that this be
correctea if another posting is needed .
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Mr. Smit h questioned t ha t th e proposed amended ordinance does
in f a ct a pply to the entire ci t y. He stated that he felt it
a pplie d only to those are as th a t a r e outlined on the maps; i.e.,
Little Dry Creek, Big Dry Creek, and the South Platte River.
Mrs. Romans pointed out that the proposed ordinance does state
t h a t t he flood plain regulations do apply to any drainageway
in the City whether it is mapped or not ; this would cover the
Harvard Gulch drainageway, for example . She stated that any
application for a building p e rmit would be reviewed to deter-
mine if it is in fact in a drainageway. Mr. Smith argued that
there would be major portions of th e City that would be excluded
f rom this ordinance --it does not in fact apply to the entire
City. Mrs. Romans reiterated th a t the ordinance is very clear
that all building permits will b e reviewed to determine if they
are in fact in drainageways . Mr.Smith asked why drainageways
have not been included on the mapping? Mrs. Romans stated that
drainageways have not been mapped by the F.I.A., and the City
Council has not provided funds for the mapping to be done.
She pointed out that the staff is using the information that
is available in the Engineering Department contained in the
various studies previously cited. She stated that funds for
the mapping of the floodways was requested in the Capital Im-
provement Program, but the request was not funded.
Mr . Smith stated that if the flood plains of the drainageways
are not identified and mapped, he felt the staff would be
making "arbitrary decisions."
Mr. Tanguma asked for statements on the text of the proposed
am e ndment at this time.
Mr. Robert Wiley stated that his concern with the proposal is
on the flood plain area as depicted on the maps for the area
o f the South Platte River /Little Dry Creek confluence. He
st a ted that he had discussed his concerns with Mr. Wanush, am
was told that the City "didn't have any choice but to adopt
the F.I.A. maps". Mr. Wiley stated that on Page 11 of the
pro posed text, pertaining to restrictions on mobile homes, his
concern is with the statement: ALL COMPONENTS OF THE ANCHORING
SY STEM SHALL BE CAPABLE OF CARRYING A FORCE OF 4,800 POUNDS ••• "
He s ta ted that th i s statement is very ambiguous, and he does
no t fee l that the City can adopt a statement like that --it
do es no t indic a te wha t the components of the anchoring system
a r e; wh et her the 4800 pounds is "sheer strength" or tensil
stren gth''. He state d that he did not see how this provision
c o u ld b e complied with, and that it was ridiculous to adopt
this when the citizens cannot comply, Mr. Wiley referred to
Pa g e 4 of the proposed definitions, and cited the definition
o f "Floodway ". He asked that this definition be explained to
him,
Mr. Smith stated that he would interpret the "floodway" to be
that area required for the passage of the flood waters, or the
a rea that is mapped, Mr. Wiley asked if the floodway and
f l ood plain applied to the same area, or to two different ar ea s?
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Mr. Tanguma s tat ed that he fe lt the floodway would be that
area the water travels without anything impeding the f low --
the channel, in other words. The flood plain would be the
area water would cover that cannot be con t ained within t he
f loodw ay .
Mrs. Rom a ns pointed out that the regulations st a t e that no
mobile homes will be permitted in the f loodway, and in fact,
no new mobile home parks are permitted in the City of Englewood
and those that are in existence are non-conforming. She stated
that by definition, the floodway a nd flood plain are one and
the same.
Mr. Wiley questioned the need for separate definitions . Mrs.
Romans stated that both terms are used in the text of t h e pro-
posed amended ordina nce. Mr. Wiley stated that if we are
going to have people who will try to follow the rules as they
are adopted, we must have rules and ·regulations that can be
understood without the expense of hiring a professional engineer.
Mrs. Wade asked Mr. Wiley if there was a channel within this
area he has referred to at Sant 3 ~e and Dartmouth? Mr. Wiley
stated that there is a six to nine f oo t deep channel along Dry
Creek, that is probably ten to twelve foot wide. Mr. Wiley
state d th~t the culv e rt under Santa Fe Drive drains into Little
Dry Creek. Mr. Wiley stated that he did not feel this area
could be classified as a flood plain "without looking at the
lay of the land". Discussion ensued. Mr. Smith noted that
the 1965 flood covered the area outlined by the Corps o f
Engineers in their study of the South Platte River. Mr. Wiley
countered that the 1965 f lood in this area came from the South
Platte River, and not from Little Dry Creek. The Chatfield
Dam has since been constructed, and should change the flood
plain on the South Platte Rive r.
Mr. Dwight Yates asked if the flood plains o f the Little Dry
Creek and the South Platte River could be indicated separately.
He state d that his property would be affected more by the South
Pla tte Rive r f lood plain than that of Little Dry Creek . He
noted that a map issued by the Urban Drainage shows Little Dry
Creek f loods j u st back o f the tressles and does not show the
Little Dry Creek flooding down to the con f luence with the
Platte River. He agreed with Mr. Wiley that the construction
of the Chatfield Dam should have g reatly reduced the flood
plain of the South Platte Rive r. Discussion ensued. Mrs.
Rom ans stated that this particular map by the F.I.A. shows
the flood hazard boundary c o vering both the South Platte River
and Little Dry Creek. Mr. Yates stated he felt t he flood
plains for the Platte River and Little Dry Creek should be
sh own separately . Mrs. Rom ans stated that this can b e dis-
c u ssed with the F.I .A. to determine if they will prepare
separate maps.
Mr. May n ard Jacobson stated that in 1933, there was a flood
on Big Dry Creek t hat took out the Broadway bridge and went
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through his property. Mr. Jacobson stated that he had a great
deal of information on the flooding of Big Dry Creek, and he
would be happy to leave his address and phone number so that
the staff could contact him at a later date rather than going
into all the information th i s evening. He stated that the
flooding on Big Dry Creek is a serious problem; he again mentioned
that a man recently contacted him about changing Big Dry Creek
to enable construction in this area. Mrs. Romans stated that
if construction does take place in a flood plain, the developer
must take steps to flood proof the structure.
Mrs. Wade asked Mr. Jacobson if the map of the flood plain
along Big Dry Creek was accurate? Mr. Jacobson stated that
it appears accurate to him.
Mr. Leadabrand
3281 South Galapago -questioned the accuracy of the mapping
of the flood plain on Little Dry Creek.
He noted that to the south of his property across Floyd Avenue
is the access to the lower level of the shopping center. He
pointed out that this map does not indicate a flooding possibility
in the lower level parking area and on the lower floors of
Cinderella City, Mr. Leadabrand stated that he has lived at
this address since 1959, and has seen some very heavy rains
where the water backs up into this area. He noted that Little
Dry Creek was boxed during the construction of Cinderella City,
but the box cannot carry all the water that flows through this
area. Mr. Leadabrand noted that the underground parking area
and the lower floors of the shopping center are all lower
elevation than the blocks north of Floyd Avenue that are designated
as flood plain on the map. Mr. Leadabrand noted that at the
time of the 1965 flood, persons living in this area were evacuated
as a precaution.
Discussion ensued on the method of mapping an area such as
this where the underground parking and lower levels would be
subject to flooding.
A recess of the meeting was called at 8:30 P.M. The meeting
reconvened at 8:50 P.M. with the following attendance:
Present:
.Absent:
Parker, Smith, Tanguma, Williams, Draper
Owens, Pierson, Wade, Lathrop
Mr. Tanguma asked for further comment from the floor.
Douglas Gore
4645 Norfolk Way
Aurora, Colorado -stated that he is the Flood Insurance
specialist with the Federal Insurance
Administration. He stated that he was available to answer
any questions that the Commission or members of the audience
might have of him.
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Mr. Smith made reference to Mr. Wiley's concerns regarding
flood proofing of mobile home units, and the "components of
the anchoring system ." He asked if this is defined anywhere
in the Federal regulations? Mr. Gore stated that these regu-
lations apply to the entire country,
Mrs. Wade entered the meeting and took her place with the Com-
mission.
Mr. Gore st~ted that the Federal regulations allow each juris-
diction to set their own standards, and noted that the City
of Englewood is in the process of developing specific require-
ments for anchoring mobile homes in the proposed Mobile Home
Ordinance. He stated that his office has been supplied a copy
of the proposed ordinance, and is in the process of reviewing
them to determine if the proposed standards would comply with
the Federal regulations.
Mr. Smith noted that several members of the audience had ex-
pressed concern about getting the flood insurance. They have
contacted insurance agents and have been informed that they
are not eligible for flood insurance, He asked if there was
a specific insurance agent that should be contacted?
Mr. Gore stated that the National Flood Insurers Association
trains agents to write flood insurance policies. He suggested
that persons interested in flood insurance contact CNA Insurance
Company, 759-1500, for more information on which agents are
trained to write these policies. Mr. Gore stated that CNA
reviews every policy written in the State of Colorado, and
could give the interested person a list of agents qualified
to write the flood insurance policy,
Mr. Smith asked about the discrepancies in mapping that have
been pointed out, such as the flooding of the lower level of
Cinderella City. He stated that this must be passed by the
Commission at this meeting to meet the February 1, 1978, dead-
line imposed by the Federal Government. He asked if it would
be possible to get a time extension from the FIA? Mr. Gore
pointed out that "these maps have been with you f or some time
--several years, in fact ," What has happened since the hearings
on the initial Flood Plain Ordinance is that other studies have
been completed on the South Platte River, Little Dry Creek, Big
Dry Creek, and possibly on other drainageways, that have more
up-to-date information than the FIA has had available to it in
the mapping process. Mr. Gore stated that if these recent
studies are submitted to the FIA, the maps will be brought
up-to-date.
Mr. Parker stated that he felt accurate mapping is very important
to the property owner in a matter such as this.
Mrs. Wade noted there had been considerable discussion on the
flood plain as mapped for Little Dry Creek and South Platte
River; she noted that with the construction of Chatfield Dam
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some check and balance is l eve l ed on the f lood pot e ntial o f
the Platte River . How ever, Bear Creek has not yet been con-
trolled by a dam, and this creek does d r ain into the South
Pl a tte River, She questioned that the f lood plain as mapped
should be changed until such t ime as Bea r Creek is controlled,
Mr. Draper asked if th e Federal Gov er nment regulates the
premiums for Flood Insurance. Mr . Gore stated that subsidizai
rates are available in communi t i es in t h e Flood Insurance Pro-
gram. Mr. Gore discussed the method use d to determine the
rate charged.
Williams moved:
Wade seconded : The Public Hearing on Case #28-77 be closed.
AYES: Draper, Parker, Smith, T a nguma, Wade, Williams
NAYS : None
ABSENT: Lathrop, Owens, Pierson
The motion carried.
Mr. Williams asked if this matter was not recommende d by the
Commission this evening, what would it do to the time element?
He noted that the Commission has been given a very short time
to consider this, and he did not feel it was fair to ask the
Commission to make a decision on things without an opportunity
to study the matter.
Mrs. Romans pointed out that the amendments to the Ordinance
must be passed and the maps must be adopted by February 1, 1978,
if the City is to retain its eligibility for flood insurance.
Mr. Williams sta ted that he questioned that some of the con-
cerns expressed by th e audience this evening have been adequately
answered.
Mrs. Romans pointed out that some of the concerns dealt with
the Flood Hazard Boundary Map, and the regulations provide a
means of working with the Flood Plain Administrator on the
mapping disputes , or a property owner may appeal to the Board
o f .Adjustment f or relief from the regulations .
Mr. Smith reiterated his question of whether a time extension
c ould be obtained ? Mr. Gore stated that he felt it would be
dif f icult to do , but if it was needed he would attempt to get
the time extension. Mr. Gore stated that notices were ma iled
to j urisdictions November 1st, giving jurisdictions three months
in which to comply with the new regulations. He acknowledged
that there was a mix-up in the mail for the Englewood and Sheridan
offices, and that possibly a time extension, if obtained, would
not exceed two weeks .
Mr. Dr a per asked wh a t would happen to the 38 property owners
who have obtained the flood insurance if this proposed amend-
men t and maps are not approved? Mr. Gore stated that their
ro licy could not be renewed, but would remain in effect until
the time for r e newal. Mr. Gore stated that amendment of
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existing ordinances was expected to be completed in three months
time, and new ordinances were expected to be drafted and approved
within six months.
Mrs. Wade noted that there have been very few changes in the
wording on the proposed ordinance from what is in effect today.
It does not appear there are any major changes in the intent
or basic procedure. She questioned if the extension would
actually be needed. Mr. Williams stated that he had reserva-
tions on the mobile home provisions. He did not feel the
gentleman's concerns were satisfied. Mrs. Romans stated that
the proposed Mobile Home Park Ordinance is very specific as to
wind security requirements, and that Mr, Gore has been sent a
copy of this ordinance to determine if it does meet the Federal
Insurance Administration Regulations relative to tie downs for
flood protection.
Mr. Draper questioned the amount of "credance" that could be
given to the testimony presented this evening . He pointed out
that all those persons who spoke expressed concerns about the
proposed regulations or mapping, and did not speak in favor of
the proposed amendments or mapping. He pointed out that there
are only 38 property owners who have obtained flood insurance
policies, and all property owners will be bound by the proposed
ordinance and mapping. He stated that it seemed to him that
if the Commission takes these facts into consideration, they
would not be overly influenced by the comments of the staff.
Mrs. Romans pointed out that these are not new regulations;
they are in effect today. The purpose of the hearing is to
consider the amendments to the existing regulations which the
Federal Government 3ays must be adopted to continue the eligibility
for flood insurance. Mrs. Romans stated that there are many
times when the Commission seems to base their decisions on the
number of people present in the audience in favor of or against
a matter rather than on the overall merits of the individual
case. Mrs. Romans stated that she feels the Planning Commission
must listen to the people and act in the best interest of the
people, but they must also consider other information made
available to -them pertaining to specific cases.
Mr. Williams stated that he agreed with Mrs. Romans statement
100%.
Discussion ensued.
Smith moved:
Wade seconded: The Planning Commission recommend to City Council
the attached proposed amendments to the Compre-
hensive Zoning Ordinance, §22.4B, Flood Plain, and §22.8,
Definitions; the Commission also recommends adoption of the
Flood Hazard Boundary Map, H 01-04, and Flood Insurance Rate
Map, I 01-04, which were considered by the City Planning and
Zoning Commission at Public Hearing on December 27, 1977 .
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Mr. Smith stated that outside of the section pertaining to
the mobile homes, he saw no major problems with the proposed
amended ordinance, He stated that he did not agree that a
floodway and a flood plain are the same thing. He stated
that he felt that the Planning Commission should reconsider
portions of this at a later date in an effort to clarify some
of the provisions. He stated that he would hate to see people
deprived of the right to obtain flood insurance if this is not
approved, but he hated to make a hasty decision . He asked
that the matter be referred back to the Commission for their
further study and consideration. Mr. Smith stated he also
wanted to see some publicity on the availability of flood
insurance for those persons living in flood plain areas.
Further discussion on the floodway vs. the flood plain ensued.
Mr. Gore stated that the flood plain is the entire area that
would be inundated by a 100-year flood; in the middle of the
"flood plain" is a stream course, or floodway. Further dis-
cussion ensued.
Mr. Draper asked if the flood insurance is available to every
property owner in the City? Mr. Gore stated that it is; the
rates are lower for those property owners outside of the flood
plain. Mr. Gore pointed out that for property owners within
the flood plain, they must have flood insurance before they
can obtain a loan on that property. He added that communities
that do not participate in the program cannot get disaster
relief in the event of a disaster.
The vote on the motion was called:
AYES: Parker, Smith, Tanguma, Wade, Williams, Draper
NAYS: None
ABSENT: Lathrop, Owens, Pier~on
The motion carried.
Mrs. Romans stated that the staff appreciated the cooperation
shown them by Mr. Gore in the preparation of the proposed amend-
ments for the Hearing. The Commission also expressed their
appreciation to Mr. Gore for his attendance at the meeting
this ev~ning.
Mr. Williams moved: The meeting be adjourned.
The motion was seconded and carried. The meeting adjourned at
9 :30 P.M.
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Gertrude G. Welty
~ecording Secretary
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR
RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION.
DATE: December 27, 1977
SUBJECT: Proposed Amendment of Comprehensive Zoning
Ordinance and Adoption of the Flood Hazard
Boundary Map, H 01-04, and Flood Insurance Rate Map I 01-04.
RECOMMENDATION:
Smith moved:
Wade seconded: The Planning Commission recommend to City
Council the attached proposed amendments to
the Comprehensive Zoning Ordinance, §22.4B, Flood Plain, and
§22.8, Definitions ; the Commission also recommends adoption
of the Flood Hazard Boundary Map H 01-04, and Flood Insurance
Rate Map I 01-04, which were considered by the City Planning
and Zoning Commission at Public H~aring on December 27, 1977.
AYES : Parker, Smith, Tanguma, Wade, Williams, Draper NAYS: None
ABSENT: Lathrop, Owens, Pierson
The motion carried.
By Order of the City Planning
and Zoning Commission.
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Gertrude G. Welty
·Recording Secretary
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ENGLEWOOD PUBLIC LIBRARY BO ARD
January 10, 1978
The Engl e wood Public Library Board met for i t s r egu lar meeting on
January 10, 197 8, in th e Library confer e n ce room.
Present: Cl ay ton , Li gh thall, Muel ler, Shattuck ,
Simon and St e rling .
Abs e nt: Be ave r, Bennett and Cloughesy.
Also Pres e nt : Bob Currie, Chairman of th e Friends
Harriet Lut e , Direc t o r of Libraries
Eil een Browne, Recording Se c retary
A quorum was declare d pres e nt and Sue Muelle r, presiding, called the
meeting to o rder at 7:35 p.m
Lois Ste rling moved to accept the mi ,"'·. of th e Decemb e r 13 , 19 77, meeting
as recorded, Lois Lighthall seconded, th e motion carri ed .
Sue Mu e ll e r , on behalf of all the mem be rs of th e Board we l comed th e ret urn
o f Councilman Clayton as th e City Council repres e ntative to th e Library Board.
Bob Curri e was invited to th e Library Board me e ting to review th e plans for
the forthcoming State.,:.,ide Mee t i n g of the Friends of th e Library which is
b e ing host ed by th e Engl e wood Friends. Mr. Currie indicated that there were
32 t o 3 3 Friends Groups in Co l o rad o a nd five or six groups in the Unive r sities .
So far th e r eac tion to the invitations and tel e phone ca lls has been very good.
Anticipat ed attendance is around 25 persons. The meeting is planned to have
diversity by as king the r e present a tive f r om each Group to d iscu ss what their
Group does bes t or what they have done in the past . Ms. Bon n ie Forquer , an
ind e pe nd en t co nsultant , wi ll be th e gues t speake r discussing "mana gement -by-
o bj ectiv es " to ex plore th e goa ls a n d objectives of th e Friends Groups. A
hypoth e tic al Friends Group will be fo rm ed which will bre ak-up int o conunitt ees
with th e various conunit t ees reporting back befor the end of the meeting.
The meeting is schedul ed to e nd with th e presen tation of the "Missy" program.
This me e tin g is planned t o be self-su pporting with any fu nds l eft-over to be
tu rn ed over to th e State Friends Roundtable . Th e $9.00 registration fee is
intended to cov e r the cost of the lunch eon, tel ephone calls and other admini-
stra tive details. Mr . Currie req uested the assistance of the members of the
Library Board.
Sue Mueller asked Cou n cilman Clayton about payment of the r egist rat ion fee
for Library Board Mem b e rs wh o wished to att e nd to help Mr. Cu rr ie. Council-
man Clayton made t h e motion that th e $9 .00 registration fee fo r those memb e rs
of the Board willin g to come an d work for the day b e paid from the Library
Boa rd budget. Lois Li gh thall seconded; th e motion carried unanimously.
Harlan Shattuck, Lois Sterling, Lois Lighthall and Su e Mu e lle r all stated
that th ey wo uld h e lp out at this meeting .
Bob Curri e thanked th e Board Members for their int erest and offers of
assistance.
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Library Board Minutes
Page two ...
LIBRARY EXPANSION: The Director stated that Don Miles, t he construction
manager em ployed by the City is already at work checking on the availability
of materials required for the expansion. Miss Lute stat ed that she felt
that his p r esen ce o n th e job will minimize the amou nt of time that th e
lib rary is disrupted.
LIBRARIAN'S REPORT: Ci r culation in Dece mb er was do wn a trifle but ove rall
circulation has been up ten months out of 1 2. The Library h ad about 11,000
transa c ti ons over last year. The Bookmobile was down a little and the IMC's
are up over last year. Reciprocal borrowing to Ar apahoe Regional Library
District for th e year was down sligh tl y (l ess than\ of 1 %) whil e other
libraries accounted for 45 ,259 transactions. Approximately 32 % of Englewood's
total ci r culation in 1977 was to non-residents. Th e Arapaho e Reg i o nal Library
District sent a check for the las t qua rt e r o f 1977 at the rat e of 55c p e r
transaction. The audit (for a one month period) fo r the Arapahoe county
residents has been completed. We actually circulated 90 mor e b oo ks to
Arapahoe Regional patrons than we had re c orded.
Councilman Cl ayton stated once again how extremely fo rtunate the City of
Englewood is t o have Harriet Lute as Librarian. "Few communiti es are as
for t unate as we are to have this quality of Librarian ." Councilman Clayton
mad e th e motion to include in the o ffi cia l minutes of the Englewood Public
Library Board its appreciation and recogn ition o f the e xce llent job done by
Harriet Lute as Librarian fo r the City of Englewood. The motion was
seconded by Lois Sterling, and ca rried unanimously. Cou n c ilman Clayton
stressed t he Board's des ire to have Miss Lute bring to th e Board any long-
range plans, changes in Lib rary policy, o r an y d i fferent things she would
like to see happen with th e Li brary . Miss Lut e indi ca t ed that she already
had such a list and would be happy Lo prese nt it to th e Board at a future meeting.
Miss Lute told the Boa rd that th e r e had been som e unexpended fun ds in the
1977 budget at the e nd of th e yea r and that thi s money was us ed to order
shelving needed for the e xpansion. There will not b e need for great
expenditures at one time during 197 8. About $1 0 ,000.00 shou ld complete
all of the furniture requirements.
Mi ss Lute told the Boa r d that s he would be away from the Library January
24 -26. With Mr. McCown's co ns ent she will se rve as Chairman of th e
reading teams to r ecommend LSCA projects to be funded by the State Library .
MEMBER'S CHOICE: Be ve rl y Simon sa i d that it had be e n her privil ege to
serve on the Lib rary Boa rd. Various members of the Board thanked her for
her service to the Board and urged h e r to reconsider h e r decision not to r e-app ly.
Lois Li ghtha ll me ntio n ed that sh e had been under the impression that the
concept of the Frie nds of th e Library was to provide a greater variety of
int e rest s fo r th e various me mb ers of the comm unity. She stated that she
thought perhaps some of th e older memb e rs of the Friends would be willing
to staff the library facility at the Malley Center on a volunte er basis.
Miss Lute said that it is time-consuming to train, staff, schedule and
plan work for volunteers. She also explained that her request for a
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Library Board Minutes
Page three ...
supplementary budget for this purpose had been turned down by City Coun cil.
The Director felt that the library could provide the services of Nanc y
Anderson for four or five hours a week to organize the Library at th e
Malley Center but could not take any money from the Library budget to
furnish newspapers, periodicals or equipment to set up that library. Mi ss
Lute assured Miss Lighthall that all of the older members of th e Fri e nds
had been asked to help with projects other than the films and had no t done so.
There being no further busine ss the meeting was adjourned a t 9 :37 p.m.
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PRESENT:
ABSENT :
OTHERS
PR ESENT:
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MINUTES
BOARD OF CAREER SERVICE COMMISSIONERS
JANUARY 19, 1978
4
Judith B . Henning , Joe Ellen Turner , Edward
White , and William Hanson.
Robert Brundage .
Mark Barber , Mel BeVirt , Hugh Brown , Jim
Cu r nes , Richard Edison , Leioma Koestner,
Kathy Kroll , George Robbins , Mike Schaffer,
John Wing , Norman Wood .
**********
Comm issioner Henning called the meeting to order and asked the
Board if there were any additions or corr ections to the
December 1 5 , 1977 minutes . Commissioner White moved and
Comm issioner Turner seconded that the minutes of the Decem ber
15 , 1977 meeting be approved as distributed .
AYES :
NAYS:
Henning , Hanson, White,· Turner
None .
**********
The next item on the agenda was the Employee Association's
Choice . Leioma Koestner reported that representatives of the
Association had met with representatives of the City Manager's
Office regarding the matter of Promotion . The next meeting
is scheduled for January 26 , 1978 .
Norman Wood introduced himself as the new president of the
Englewood Police Benefit Association. Mr . Wood stated that the
Englewood Police Benefit Association would like to become the
spokesman body for police officers in matters of policy and
procedure which came before the Career Service Board . He further
stated that the Englewood Pol ice Benefit Association would be
approaching the Board for a ruling as to whether or not the Police
Benefit Associati on had the authority to represent individual
police officer's grievances in matters which affected the entire
police body . Exam ples such as seniority and matters pertaining
to the uniform were given , Norman Wood also stated that he had
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BOARD OF CAREER SER VICE COM MIS IONERS
MINU E~
Page Two
not yet solicited the feelings of the police body re garding
representation by the Police Benefit Ass o ciation, but that this
would be done in the coming month .
Richard Edison had no new b siness to discu ss but did wish to
express the Association's appreciation of the work done by the
Career Service Board in their behalf.
**********
The next item on the agenda was the Employee Relations Director 's
Choice . Mel BeVirt d istributed a memo writt en to him by former
Fire Chief William Hamilton regarding an eligibility list for
Firefighter 4th Class which expired January 10 , 1978 , and re -
questing that the eligibility list be extended until May 1 , 1978 .
The reasoning behind this was that the weather condit ions at this
time of the year made the testing on the training tower angerous
and could possibly prohibit the testing of applicants . Mr. BeVirt
state that the proposal held merit and recommended that the ex -
tensi on be approved. He then requested that the Employee
Association for the Fire Department comment on the proposed ex -tension .
Richar Edison stated that the Association felt that the reason-
ing regarding the training tower was valid. He expressed the
Assoc iatio n 's support of the extension particularly in view of
two openings which would be arising in the near future.
Commissione r Henning requ es ted a clarification by Mr. BeVirt
as to how he extensio n would alter the future da tes for testing .
Mr . BeVirt stated that after the May 1, 1978 , expiration date ,
applications would be accep t ed and new te sting would b egin . Any
eligibil ity list established after that expiration date would be
valid for one year as is the estab lished policy .
Co mmissioner Turner moved and Commissioner Hanson seconded that
the eligibility list for Firefighter 4th Class be extended until May 1, 1978 .
AYES :
NAYS :
Henning , Turner , Hanson .
White.
**********
The next item on the agenda was the City Manager 's Choice .
Jim Curnes reaffirmed Leioma Koestner 's report on their
meetings regarding the matter of Promotion Policy and stated
that he hoped they NOUld have someth i ng to present to the
Board by February .
**********
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BOARD OF CAREER SERVICE COMMISSI ONERS
MINUTES
Page Three
The next item on the agenda was the Commissioner 's Choice .
Commissioner Henning requested a report on the progress of
the reclassification program. Mel BeVirt stated that after
the Montoya hearing and settlement of the Promotion Policy
issue , we will renew the Benchmark System by working with
the employees to familiarize them with the system and to resolve
any difficulties . Mr . BeV irt stated that he hoped that this
could be accomplished by April. Orientation sessions for the
Board would also be held .
**********
The next item on the agenda was the approval of the eligibility
lists. Commissioner Hanson moved and Commissioner White
seconded that the eligibility lists for Custodian (Public
Works) and LeadworRer (Traffic) be approved.
AYES:
NAYS :
Hennin g , Turner, Hanson , White.
None .
**********
The next item on the agenda was the Declaration of Vacancies.
The vacancies of Custodian (Public Works), Equipment Operator
(Parks a nd Recreation), and Insurance Claims Clerk (Employee
Relations) were declared . Commissioner Hanson moved and Com -
missioner Turner seconded the approval of the vacancies .
AYES:
NAYS :
Henning , Turner , Hanson, White ,
None.
**********
The next item on the agenda was the approval of the Personnel
Actions . Commissioner Henning asked if there were any questions
on the list of actions . Commissioner White had a question on
the denial of the anniversary increase for James Lloyd . Com -
missioner White stated that he had received a letter from James
Lloyd who felt he was treated unfairly in regard to the Action.
Commissioner Henning requested additional information fr om Mel
BeVirt . Mr. BeVirt had not received a letter from James Lloyd
and stated that Mr . Lloyd would be reviewed again in 90 days.
Co mmi ssioner Henning requested that Mr . BeVirt meet with Mr .
Lloyd on this matter and report back to the Board . Commissioner
Hanson moved and Commissioner Turner seconded the approval of
the Personnel Actions .
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BOARD OF CAREER SER VICE CO MMI SS I O ER S
MINUTES
Page Fo r
AYE S : Hennin g , T rn e r , Ha n son , White .
NAYS : None .
**********
Me l BeVi rt reques ted that the Board approve the Insurance Cla im s
Cle r k position as a Grade 2 position s inc e it is a newly created
position not currently included in the salary schedule . Com -
missioner Tu rner mo ved and Commiss ioner White seconded the ap -
proval of t he Insurance Claims Cle rk as a Grade 2 position .
AYES : Henning , Turner , Hanson , White .
NAYS: None .
**********
~E W PR OBATIONARY EMPLOYEES :
Amack , William D.
RES IGNA TIO NS :
Ard , Jame s
Mason , Evan
Shank, Roberl E .
Urban , Bobby G.
Custodian
1 -A, Effective 1/23/78
Maintenanceworker
2 -B , Effective 1/21 /78
Police Officer 4th Class
Effect ive 1/21/78
Compu ter Programmer/Analyst
7 -C , Effective 1/6/78
Police Officer 1st Class
Effective 1 /2 1/78
PROBATION ARY TO PE RMA NENT ST ATUS WITHOUT INCREASE :
Frazier , Ronald D. Captain , Police Department
Effective 1/1/78
PROBATIONARY TO PERMANENT STATUS WITH INCREASE :
Dufield , Joyc e
ANNIVE RSARY INCREASES:
Anderson , Gilbert
Jr . Account Clerk , Purchasing
1 -B , Effective 1/16/78
Maintenanceworker 28 to 2C
Effective 1/16/78
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ANNIVERSARY INCREASES (Continued):
Berryman, Roger C.
Drake , Robert H.
Montgomery , Betty Jean
Norden , Ronald G.
Young , Robert
ANNIVERSARY INCREASES DENIED:
Lloyd, James
APPROVAL OF ELIGIBILITY LISTS:
Maint e nanceworker 2A to 2B
Effective 11/16/78
Custodian l C to lD
Effective 1/16/78
Jr. Acct . Clerk lD to lE
Effective 1/1/78
Maintenanceworker 2B to 2C
Effective 1/1/78
Plant Operator 6C to 6D
Effective 12/16/77
Maintenancework er , Parks
2-D, Effective 1/1/78
1 . Custodian (Public Works)
2. Leadworker (Traffic)
DECLARATION OF VACANCIES:
1 . Custodian (Public Works)
2 . Equipment Operator (Parks and Re c reation)
3 . Insurance Claims Clerk (Employee Relations)
Respectfully submitted,
Approve d ,
Judith B . Henning, Chai rman
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ENGLEWOOD WATER AND SEWER BOARD
Regular Meeting
January 17, 1978
The meeting was called to order at 5:02 P.M. by Chainnan Schnackenberg.
Members present: Gibson, Best, Mann, Harper, Feamster, Witthus, Schnackenberg
Members absent: Ullery
Also present: Stewart H. Fonda, Director of Utilities, Kells Waggoner,
Director of Public Works and Bill Brookshire, Director
of Wastewater Treatment
I. BI-CITY TREATMENT PLANT ODORS
Mr. Brooksh ire discussed the odors which have been present at the Bi-City
Treatment Plant. He stated that the plant was basically in compliance with
the State and EPA regulations and, in most cases, sulphur is the cause of
present complaints. He indicated that all complaints concerning odors
should be transferred to him.
Mr. Taylor arrived at 5:20 P.M.
II. POLICY FOR LEASING WATER RIGHTS
Mr . Fonda stated that in hi s opinion it would not be prudent for the City
to lease small amounts of water to many small entities. He stated that
water leases, such as the one requested by Troutdale i n Eve rgreen, may place
the City in a utility position .If the small entity had no other source this
could make it difficult for the City to break this type of lease.
Mr . Mann suggested that a minim um amount of water available for leasing should
be established to avoid small enti ti es requesting water . Mr . Taylor stated
that no minimum should be establ ished as l ong as each request came to the
Board for approval. Mr. Schnackenberg suggested tha t the City's water attorney
give an update on the amount of water available to lease .
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III. SUPPLEMENT #8 TO VALLEY SANI TATION DISTRIC T
This i s for the Sul11Tl i t property in the area of West Oxford Avenue and
South Clay Street.
Mr. Gibson moved;
Mr. Best seconded : That the Board recormiend to Council approval of the
SulT'lllit property request for incl usion to Valley
Sanitation District provided that the District add
to their supplement language prohibiting toxic dis-
charges into the sanitary sewer system and establishing
control by the (";i ·~y of the discharges that will be
accepted .
Ayes: Schnackenberg, Gibson, Best, Taylor, Feamster, Harper, Witthus
Nays :
Absent:
None
Ul 1 ery
Motion carried .
I V. SUPPLEMENT #57 TO SOUTHGATE SANITATION DISTRICT
This supplement is for eight res,idential homes in the bong View Acres
Subdivision.
Mr. Gibson moved;
Mr . Best seconded : That the Board recormiend to Council approval of
Supplement #57 to Southgate Sanitat i on District .
Ayes: Schnackenberg, Gibson, Best, Taylor, Feamster, Harper, Witthus
Nays : None
Absent: Ullery
Motion carried .
V. SUPPLEMENT #58 TO SOUTHGATE SANITATION DISTRIC T
This su pp l ement is for eight individual office build i ngs . The estimated
disc ha r ge for sewer is 12 ,000 gals/day .
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Mr. Gibson moved :
Mr. Best seconded:
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That the Board recOlllllend to Council approval of
Supplement #58 to Southgate Sanitation District.
Ayes : Schnackenberg, Gibson, Best, Taylor, Feamster, Harper, Witthus
Nays: None
Absent: Ullery
Motion carried.
VI. WATER TAPS OUTSIDE CITY
Mr. Witthus moved;
Mr. Best seconded:
Mr. Taylor moved;
Mr. Gibson seconded :
That the Board establish a moratorium on new water
taps outside City for the next 12 months .
To amend the above motion and to establish a morator i um
on the sale of treated water taps outside the City
until the Allen f i lter plant construction is complete .
Ayes;
Nays:
Schnackenberg, Gibson, Best, Taylor, Feamster, Harper, Witthus
Absent :
None
Ullery
Motion carried .
Respectfully submitted,
~ .. ~
Recording Sec r etary
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MEMORANDUM TO THE ENDLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
DATE: January 17, 1978
SUBJECT: SUPPLEMENT #8 TO VALLE Y SANITATION DISTRICT
RECOMMENDATION: That the City Council approve Supplement #8 to
Valley Sanitation District on the condition that
there will be no toxic discharge into the system
and that the City will have control of the type
of industry that connects to sewer.
Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By: '1:!e._
Werner Schnackenberg, Chairman
Attachment #1
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER ANO SEWER BOARD
DATE: January 17, 1978
SUBJECT: SUPPLEMENT #57 TO SOUTHGATE SANITATION DISTRICT
RECOMMENDATION: That City Council approve Supplement #57 to Southgate
Sanitation District for eight residential taps.
Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By: ~
Werner Schnackenberg, Chainnan
Attachment #2
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MEMORANDUM TO THE ENGLE WOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENG LEWOOD WATER AND SEWER BOARD
DATE: January 17, . 978
SUBJECT: SUPPLEMENT #58 TO SOUTHGATE SANITATION DISTRICT
RECOMMENDATION: That the Board reco1TJT1end to Council arproval of
Supplement #58 to Southgate Sanitation Di strict.
Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By: yjZ
Werner Schnackenberg, Chairman
Attachment 113
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
DATE : January 17, 1978
SUBJECT : MORATORIUM ON WATER TAPS OUTSIDE CITY
RECO""ENDATION: That the City Council approve a moratorium on the
sale of treated water taps outside the City until
the Allen filter plant construction is complete.
Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By : "t/R_
Werner Schnackenberg, Cha i rman
Attachment #4
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APPLICANT:
Encor e I nc .
South Door
5470 S. Broadway
Englewood , Co
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COUNCIL ACTION REQUEST
LIQUOR AND J .2 BEER OUTLETS
TYPE OF ACTION RE QUES TED :
Annua l renewal of 3 .2 beer license
POLICE AN D FBI RE POR TS :
Co pies e n c lo sed
PREVI OUS CI TY COUNCIL ACTI ONS DURING PRI OR TWO YEARS,
EXC LUDING ANNUAL RENEWAL :
CITY ATTORNEY'S REVIEW:
COMMENTS :
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·-----------------------------------------------
FOAM DAL 401
(R EV 10rs) ST ATE OF COLORADO • DEPARTMENT OF REVENUE
RENEWAL APPLICATION FOR 3.2 % DO NOT WRIT E IN THIS s,~cE
FERMENTED MALT BEVERAGE LICENSES
(GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR ENFOR CE M ENT OFFICER 'S ACTION
.t..fl 1t GrT11Nv
.t..l'l'~VAl ENC nR E I NC
~OUT H OOGI<
APPROVED 2-:2 -2-,_.:-/.J ,.,,,, o:.'Te
Of lOCAl
llC (NSING
AUI H()f!l h If
ttfOUl llt O SE ND
10 (OIO U OO
O(P.UIM(NI
5't 70 S 811l>WY
FNGU::w00D C O 60110
DISAPPROVED DATE
0 1 ltlV(NUE
$!All (APIIOI
ANN(JI nn
SH(lt"'I AN ST
OfNV(ll (010
8070)
I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION
EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE .
SIGNATUIIE
(IF THERE IS A CHANGE IN O WN ERSHIP DO NOT USE THI S FORM . USE AN ORI GINAL APP LICATION .)
IMPORTANT
SEE INST RUCTIONS
ON TH E REVE RSE
SIDE
MANA GE R'S NAM E l(enneth ""'· '<e r ohaw
If APP LICANT IS A CO RPO RATI O N. Fill IN REVE RSE SIDE
NEW TRADE NAME
RENEWAL APPLI CATION FOR 3 2% FERMENTED MA LI BEVE RAGE LIC EN SE FOR THE YEAR ENDING
V".I AC(OUNI "lJ¥1lt ,oa
&I\ lltfttt..CI
1 l-86 97'.
II A.l 'll I f I N•Q ltMAI I QN
'""""' r,,
1 0 00 58 l3 3 OJ,n 77
TYPE
J
NAME AND DESC RIPTIO N OF LICENSE
~ • 2 P tR c EN r r, LE,. :i E TA I L u c E N sc
0 3l2 79
MAKE CHECK OR MONE Y
O RDER PAYAB LE TO THE
COLORADO DE PARTMENT
OF RE VE NUE
TOT AL FEE (S)
$ 4b.,;
FEE
i 25 .0 0
C ITY 85 PlR CEr;f 'IAP Frt:.
(The follow ing off,do ,..1 1 to be 11gned ond oc Lnowledged by ,f\d,.,,duol1 ond eoch member of portne n h 1p1 and by cor porohon,)
(II opplicohon ,, for 1mporter'1 ltcen1,e , insert stole of b u\1f'HI ru,dence )
STAIE Of COLORADO
County of Denver ss
•
Larry !'I. nuncan be,ng by me lir\l duly sw o rn ,f for h,m,ell deposes ond soys; tho! he is the applicant above
named; or th o ! he i, Vice Pre'3. G t::P c reta1oY ,he above named corporollon That he ho\ recd hti oooino l oppltcot,on and
that he kno w, the conter'II I thereof. and 1h01 all moue,, and th,ng, 1herem set forth ore true of I'm ow n knowledge ond he oQ ree, to
co nform 10 all rule, and regulotiora pr omu lgated by rhe DEP"RTMENT OF REVE N UE IN CONNE CTION THE REWITH
SU 8 SC Rl 8ED ANO SWORN TO BEF ORE M E IN OIV!OU AlS A.N O All MEMBERS OF PARTNERSHIP OR PR ES OR SECY Of CORP
MUSl StG N HEll E
THIS
Of
~3~d
"l'lcP.TOher
MY COMH,,SS!ON EXP IR ES
COO OU.IK)N 51(.,N "4 f U ·(0-li'O~A.I{ S,fA.,j
r.ncore, 1nc~raten
_,,., 7 1(0"01.t,IE N....,...t.J. 7"f:;.
SY ),_,:e"·",Y // /, __ .,,.--:..,,..-,-, '%~ <'' n e:y
!PR(S10(NT O lt $1:(.CIUY) •
REPORT ANO APPROVA L OF LOCAL LICENSI NG AUTHORITY
I MANUf-'C TU RER S WHOLESALERS , IMPORTERS -'NO R .. IUOAOS DISREGA RD THIS SECTION )
Th e original opplicotion ho!l been uom1ned ond the prem1se$ bus,n<"u conducted ond ch o rocter o f the opplicont 1s sotisfoctory,
ond we do report that ,uch license 1f grO l"t ed w1II meet the reasonable requirement, o f the ne ighborhood and the dewe, of the
1nhob1 tont$, a nd compl1e, w ith the orov11lons al Till• 12. Artic le 46 CA S 1913
THEREFOR E THIS APPllCATION IS HEREB Y APPROVE D
DATED AT THIS DAY Of AD 19
(NAME OF TOWN, CITY OR COUNT Y)
BY
M-'10R OR f HA III.M-'"" Of ao ... •o Of CO UNT~ CO MMISSIONER S O R O THER TITLE Of LICE NSING AUTHOR ITV)
ATTE ST
,(L[RK OR SECRE TAR Y 0 ~ OTHER Qffl(fll HAVING THE OfFl(I.Al SEAL Of THE LICEN SI N G AUTHORlrt )
__ .,,. .. , •• &. ., ... -............. th•"
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1 dl I•' I
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J ame!I .7 . Person
,'Tl'\1'19!1 I". lCOSfflhld
J iMffl'{ s. Trujillo
Larry -: . ')11ncan
K!!nneth '1. Kershaw
J a:ne s J . Person
J ames F. Kosl'li!lki
,1'iml'!V s . Trujillo
Larry !I . D1mcan
,71\fflflS .1. Person
James .. l'.nsl"i s k i
,1'i!'!U'I'{ !i. Trujillo
L11rr,, 'I. Duncan
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"' Co lorarto
54 7~ S. Broa~wa y
4/30 /77
o,;n F'illMOr e
1\rao a hoe
n env<?r
·1ay 1 , 1977
Colora do
7/26/4q
25 Brookside nrive t.ittleton 12/2/)7
26 3(; s. r.at on way Lit t leton 7/(,/2<'1
274 7 ~out'1 NP.war1< Court uro r a 2/4 /45
2986 s. Parker Court 1\urora 4115/53
060 Fi lll'\O r e: Denver '.'6.8\ 7/J6/4Q
25 Brookside nrive: Di t t l eton ;>0 .()\ 1 2/2/37
261(, c;, Y::a t on Wav; Littleton 26 .li's 7 /6/'.'n
2747 Sout'i ~Aw ark Court, ~umra 26 .6 \ 2/4/4 <;
860 Filll"<:>re ; l)env P.r 7/26/4"
25 Broolcsi<ie fl rivr.; T.i ttleton 12/2/37
2631' s. "atrm ·~a v· L lttleton 7/n/2"
274.7 <:outh 'IP.war": Court ; r.nrort! 2/4/45
-, I,.., .
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TO: Eric Johannlsson {' FROM: Capt . R. Frazier £1
DATE: January 17, 1978
SUBJEC T: Annual Li quo r Out let Reports Upda te
The South Doo r 3 .2 Disco
5470 South Broad way
4-2-77 Co nfiscated I .D. No Rep o rt
4-6-77 Theft from Mo t o r Vehicl e Offense Repo rt
4-9-77 Drunk Party Custody Repo rt
4-10-77 Dr ug Vio lat ion Offense and Cus t ody Reports
4-12-77 Drug Vi o lati o n In c ident Repo rt
4-12-77 Unwanted Party No Repo rt
4-17-77 Fight In c i dent Report
4-19-77 Cr imi na l Misch i ef Offen se Report
4-1 9-77 Dru nk Party Incident Report
4-19-77 SI l ent Ala r m Inci dent Repo rt
4-20-77 SI lent Alarm Incident Report
4-25 -77 SI l ent Alarm ln ciden Repo rt
4-26-77 SI lent Alarm In c ident Report
5-2-77 !nor Possess i on Alcohol Incident Repo rt
5-7-77 Distur bance Incident Repo rt
5-18-77 Altered I.D . Custody Repo rt
5-24-77 Disturbance In cide nt Report • I 5-29-77 Unwanted Party No Report • •
5-31-77 Po ss Ible H and R I ncident Report
6-8-77 Distur bance, Off l eer needs help Incident Report
6-11-77 Di s turbance Incident Repo r t
• •
• --
• •
7-16 -77 SI l en t Alarm Incident Report
7-2 7-7 7 Ba r Che ck Incident Repo rt
8-10-77 Di s tur ban c e Custody Report
9-8-77 Distu r ba nce Incident Report
9-13-77 Distu r ba nce Incl den Repo rt
9-28-77 Di stu r bance Incident Repo r
10-11-7 7 Distu r bance Cus ody Peport
10-1 2-7 7 Disturbance lnciden Repo rt
10-26-77 Di stu r ba nce Custody Report
10-26-77 Unde r Age Pa trons Custody Repo r t
11-1 2-77 Mi no r co nsum i ng 6% Bee r Incident Repo rt
11-13-77 S i l ent Al a r m Inc i den t Report
11-1 8-77 Di sturbance In c ident Report
11-23-77 Crim i na l Mischief Incident Repo rt
11-29-77 Di s t ur bance Incident Repo rt .
U TOTEM
123 E. Be I I ev I e w
NO REPORTE D IN C IDENTS
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APPL ICANT:
U Tot e M of Colo In c .
1332
123 E . Belleview
Englewood, co
•
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COUNCIL ACTION REQUEST
LIQUOR AND J.2 BEER OUTLETS
TYPE OF ACTION RE QUESTED:
Annual renewal of 3 .2 b ee r licens e
POLIC E AND FBI REPO RTS :
Copies enclosed
PREVIOU S CITY COUNCIL ACTI ONS DURING PRI OR TWO YEARS,
EXCLUDING ANNUAL REJEWAL:
CITY ATT ORNEY'S REVIEW:
COt.~NTS:
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----------------------------------~----------~
F O RM DA L 401
(R EV . 10/75) ST A TE OF COLORADO
' • DEPARTMEN T OF REVENUE
RENEWAL APPLICATION FOR 3.2%
FERMENTED MALT BEVERAGE LICENSES
DO NOT WRITE IN THIS SPACE
.t.'1(:.GfTTING
A."RO VA l
(GET APPROVA L OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR ENFORC EMENT OFFICER'S A CTION
Of tOC.t.l
ll([N~ING
.t.UTHO IUT'I' If
RlOUUU D Sf NO
T0(0l0U D0
Of P.t.ll lM(N T
Of R[V[NUf.
su n c.011 01
.,l,N NU 131)
S HUM AN :5,T
DFN\ffR COlO
&0103
U TOTE~ UF COLO
133 l
ll3 ( OElL \II H,
t:,-. GU· WOO D C 0
tNC
80110
I CERTIFY THAT THERE ARE NO CHANGES TO MY OR IGINAL APPllCA TION
EXCEPT CHANGE O F MANAGER , TRADE NAME OR CORPORATE STRUCTURE ' ),
APPROVED I 7-...-21-//
DA.ff
DIS APPR OVED
DAff
SIGNATU .. t!:_,__,f/ Ji;,~~ . ./
(IF THER E IS A C H ~ IN OWNERSfflP DO N OT U SE THI S FORM . USE AN ORIG INAL APPLICATION .)
IMPORTANT MANI< R'S N AM E
SEE INSTRUCTIONS
ON THE REVERSE
SIDE.
If APPLICANT IS A CORPORATIO N , fill IN REVERSE SIDE
NEW TRADE NAME
RENEWAL APPLIC ATION FO R 3.2% FERM ENTED MALT BEV[RAG E LICENSE fOII THE YEAR ENDING
USl ACC OUNT NUMIU 'Of LI All lllll 1N f 0 11MA ll0N
(OIJNT'I' N\'\J)I T'<"I 11~,r, 0 A1t
u-1 Boo-o.n 10 OO b 5411 3 0 3~U1C
TY PE
J
NAME AND DESCRIPTION OF LICE~SE
.:1 .2 PfR Cf:Nf ll FER R£:IAIL LI Ct.N SE
C ITY El 'l "f.RCft.T At-FE.E
0 319 79
M AKE CHE CK O R MONEY
O RDER PA YAB LE TO THE
COLORADO DEPARTMENT
O f REVE NUE .
TO TAL FEE (S)
• 4 6 .25
FEE
I 2:1 .00
I 2 1 .2 5
(The fo ll o wing offidov,t lo be signed and acknowledged b)' ,nd,,,.,duols and each member of p ortnersh1p1 ond b y co,porotion,)
(II op p l1 cot,on ,s fo r 1m porte~·s license, HH,e rt sto 1e of busineu re1.1d e nce )
ST A TE O f C~RADO
County o f _j) r.1/ I)? l:_
named ; or that he 1,
, being by rne
'f?<';r c); 11 I
} ss
first duly sw orn, ,f for h,mse ll , deposH arid soys; tha t he is the a pplic ant above
tha t he k no ws t he conlenh t he reof, and lhot all
con form l o otl rules and regulot11,ns p romulgated
of the above named cor po,ot1on That he ha s read hi s ong1nol application and
matter ~ and things the rem set forth ore true of his o w n knowledg e, and he agree s to
by the DEPARTME NT OF REVE NUE IN CONNECTION THE RE WIT H.
1ND1V10UALS ANO "'ll MEM8E1tS Of P ... RlNfltSH IP OR PlilES O R SECY OF COR P
MUST SIGN ri[R(
tCOII-OhJf SEAl l
BY
REPORT ANO APPROVA L OF OCAL LI ENSING AU TH ORITY
'MAN UF ACTURE RS. WHOlESALER S IM PORTE R ANO RA I O AOS DISREGAR D THIS SECTION)
!~d :~91d~ ,:~~1:t1,'h;, ~:c
1
h t::~H ,u.fm;,~dnted ,"d w1l:heme:;e,h~'ureo~o"no be~ ,:~:~,~%:~h 0:1 t~oronc;7~hbo~~oo~h e and p1t'h:"' de~~ru iot~'/0':hi '
1nhob1tonh, a nd com p l1H wit h the prov11lon1 of T ille 12 Art1cl• 46, C AS 1913
TH ER EFO RE TH IS APPLIC A TION IS HEREBY APPROVED
DATED AT THIS DAY OF AD 19
(NAME Of TOWN, CITY OR COUNTY )
BY
(MAYO R O R CHAlltM.t,N Of &OARD OF COU N T" C0MMl5Sl0NEIIS O R OIHER Tift£ OF LIC ENSING A.UTHORITY )
ATTEST
IAL SE AL OF T!'iE LICENSI NG AUJHOIUTY I
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t H ,.J I ,\
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., '"
, ,Colorado
1127 So . Tejon
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Denver
2/28/77
James M. Leonard 12406 W. 100th. Pl. Lenexa, Kan.
Russell A. Werme, Jr.
Joel A. Ster rett
Tc2/l1 5.....,. -;., ••.. f! .....
Fairmont Foods Company
James M. Leonard
Russell A. Werm e, Jr .
Joel A. Sterrett
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10607 Ella Lee Lane Houston, Tex .
13018 Pebblebroo k Dr._ Houston>, Tex.
'7'-!.'lf"l-• /,. _t..o .. ,, .. <. / //(> /J L • ·,
333 West Loop North Ho uston, Tex.
t , ~ ,. ...
I I ~ t • ... 'I I
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100%
5 /22/62
Colo rad ·•
7/29 /'n
2/18/48
3/8/36
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TO: Eric J oha nni sson {' FROM: Capt . R. Fr az i e r t4
DATE: January 17 , 1978
SUBJEC T: Annual Liquo r Out I et Repo r ts Update
The South Door 3 .2 Disco
5470 South Broadway
4-2-77 Conf i scated 1.0. o Repo r t
4-6-77 Theft from ·1o tor Vehicle Of f ense Report
4-9-77 Dr unk Pa r y Custody Repo r t
4-10 -77 Drug Violation Offense and Custody Repo rt s
4-1 2-77 Drug Vio l ation lnciden Report
4-1 2-77 Unwanted Par y No Report
4-1 7-77 Fight l ncidel"t Repo rt
4-1 9-77 Cr imi na I l'ischief Offense Report
4-19-77 Drunk Party I cident Report
4-19-77 Si lent Al arm Inc i de nt Repo rt
4-20 -77 SI l ent Alarm Inc i dent Repo r t
4-25 -77 SI font Alarm Incident Report
4-26 -77 Si l ent Alarm Incident Report
0 5-2-77 in o r Possess ion Alcohol i nciden Repo r t
5-7-77 Disturbance Incident Report
5-18 -77 Altered I .D. Cus t ody RPport
5-24-77 Di sturbance In c I dent Repor
I 5-29 -77 Unwanted Party No Report • •
5-3 1-77 Possib l e Hand R incident Repo rt
6-8-77 Di sturbance , Officer needs he l p Incident Rer,ort
6-11-77 Dis t urba nce In c i den t Repo r t
• _ In n •
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7-16-77 SI lent Alarm Incident Report
7-27-77 Ba r Check Incident Report
8-10-77 Di stu r bance Custody Report
9-8-77 Di stu r bance Incident Report
9-13 -77 Di s tur ba nce Incident Report
9-28-77 Di stu r bance Incident Repo rt
10-11-77 Disturbance Cus t ody Report
10-12 -77 Di sturbance Incident Report
10 -26-77 Disturbance Custody Report
10-26 -77 Unde r Age Pa trons Custody Report
11-12-77 Mino r consuming 6% Bee r In ciden t Repor t
11-13-77 S i l ent Al a r m Incident Report
11-18-77 Di stu rbance Incl den Repo rt
11-23-77 Cr iminal Misch ief Incident Repe r
11-29-77 Disturbance Incident Repo rt .
U TOTEM
123 E. Be I I ev i ew
NO REPORTED IN CIDENT S
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APPLICANT:
Ginther, Thomas J
Cherrelyn Drug Store
4285 S. Broadway
Englewood, Co
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COUNCIL ACTION REQUEST
LIQUOR AND J.2 BEER OUTLETS
TYPE OF ACTION REQUESTED :
Annu al renewal of Liquor Li censed Drug Store
POLICE AND FBI REP ORTS :
Copies enclosed
PREVIOUS CITY COUNCIL ACTIONS DURING PRI OR TWO YEA.RS,
EXCLUDING ANNUAL RENEWAL:
CITY AT TORNEY'S REVIEW:
COMMENTS:
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STATE OF COLOR ADO
DEPARTMENT OF REVENUE
00 HOT WW1'f[ IN Tl-415 Sl'AC[ : RENEWAL .APPLICATION FOR MAL T,,VINOUS
AND SPIRITUOUS LIQUOR LICENSES
(GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) L I QUOR ENFOR C EMEN T OF F I CER 'S ACTION
AFTEACIETTIMO ,--------------------------!
APPRO\IAL D r,"~~ 01,.fHEll T~~S J
AUTHOAITY ,IF • -.' CMER•EL t;N DRUG STORE
~6~~~ND ........ uu s BROADWAY
~·~i:.~1~. ·:, -~'~hooo co .eouo :i~Tix~~A L, :,.....:.-:~ .... (/ ·-~ , ' .
:~~:.NJio. • . ~ <:· \. .
802&1 • .-• f-:. r·. ,.. . ,:. ,:
(303).»,..3741 • ., .-
A,,IOVlO
OAfE
OAT[
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1 cBmi;.y:.JHAT-i'HER Ej.RE~o CHANGES To MY o RIGINAL APPLICATION
E~CE'PT CHANGEO'f MANAGrR . TRA DE NAM E OR CORP ORA TE STRUCTURE . ,___..,,,L""'-""'--'-''-"-'=c.,,,::,:.e...c..:ec...:...,_,U::..;Tc:.H.,_,0:c..R'-"lc:.T.:...Y....:C=..:0:c..!.....!.PY I
NE'/y TIIAOE NAME .-~'--..·------------I
,S1GJ1ttu'1r ··:; ;·. "-.... MalllngAddreH __________________ !
(IF T~EllE IS 'A:CHAl'jGE IN OWNER SHI P 00 NOT USE THIS FORM . USE AN OR I GI NAL APP LICATION .)
IMPORTANT
SEE INSTRUCTIONS
ON THE REVERSE
SIDE.
MANAGER'S NAME-------------------
IF APP LIC ANT IS A COR PORATION , FILL IN REVE RSE SIDE .
BUSINESS PHONE NO·------------------
RENEWAL APPLICAT I ON FOR LIQU OR LIC ENSEIS) FOR THE YEAR END ING
IAI: ACCOUWT Nit '"OIi! "'l.t· .. , ,. l,.I A.I LITI l ff•N••T OON
IH0 l.1$f
MAKE CHE CK OR MON EY
ORDE R PAYABLE TO THE
COLORADO DEP ARTM ENT
OF REVENUE
TOTA L FEE(S)
s ll7.§0
FEE
Do ~ou :~~(~;~;:~~~:,e mises fo, whoch lh" opphcauon to, hcense "made>_1LJ_,.,EHS.------------------
1
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Are the prem i..;'bv.MMfo'r' ren ted? ~C t.l'F'Cl:, If rented, effective & expiratio n d a t~f lease -~l,jfl•t-4-I ~~4JIQ4-'?~C:--t}~,Jjp;,.......-'/-'11/L
1
_,/filltl..l~l<'<:8>---
11 epp licantls) or ell off1c e,s o f the corp oration , c111zenhl of the United Stuff of Ameuca 7 l ICS, I
Is tb•a?Qll&Ant, or en v of the partners~~; an y of the officers, itocl(.holders o r d irectors of said a pJ 1cant ilf n 1s a corp oratio n ), I
or employHS o f .any such: 1-mder t he age of twen ty-one years 7 __________________ Ves --------No ¥-!
i Has the ap plican t , or an y of the partners , or any of the officers, stockho ldeu or directors of said applicant /If It ,s a corp ora
t1on l e\ler been convicted of a felony i n the State of Colorado or been convicted of a crune elsewhe re wh ich w ou ld cons11tute
I
a felony 1f such crime had been COl'flm 1ttad ,n the State of Colorado? If so, state full d eta,ls _______ Ves ________ No~;
Has t he applicant, or any of the partners. or anv oft,cer , d irector or stoc kholder of sa id ap o hcant (1f 1t ,s e corp o r ation) ever
lal been de"11d a hcense under this l iquor law?----------------------.:r••--------No~ I
(b ) had an al;oholic beverage li cense suspended or revoked? __________________ V es ________ No~
If the answer ,s yes, explain fully (a ttach separate sheet . if need ed) I
Do vou or anv member of y our f amily have a fin an ci al in 1erest 1n an y other liquo r licen se' !S uch fi n ancial mte,es t t o incl ude 1
any equity interest or loans ) I t the answe r 1s yes . eKplain in d eta,I ________________ Y es ________ No~
---------------------------------------' -------------------------------------------i I ------'---------1
Does any person, f irm or corporation have a f inancial interest , e>1 1dencerl ei ther by loans or equity ownership ,n the bus 1neis
f or which t h is license ,s reQuested ? If the answer is yes , st ate names and addresses and amount of such financ ial interest expressed I
tt•ther in dollars or other item• of va lue, such as 1n;ntorv f u rniture , fi x tu res and eQu1pment_______ __,.,/~ _____ No ___ '
I I J
List the names and addr1nses of all busi nesse s in which anv of the persons 1n the previous question a
Addren
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~"°'")":"i ~ ~i°wi-... "'u"'" ~ ... ~·~~•,1,'~F .. •"'T &_:.-;~7'.,_T.--, . .., '", •• "' • •. • • .. ·• (
' • ~-· l•l O•p,,\IN'UNl<lt-!fll .. Ol Illa~··" oL __ -----------------· o.,. _______ ----------
. 1b 1PrrncW)a1 ~r~·i'u, t~~d'L~ttd a1 . __ .,,.. ____ ~---'----------·Coun1 ,; o f ________ , State oL -------__
(d Datt ~t flling'.f •t "innunl co,porttte repeft to tha Secr.ta,y ot Stttt..---_____ ~ ___________ _
,-:-,ct)!'. 1 '.' j ~,.:,..,~ '}lame Ho "" Aodrne C111t Oa111 o f B1nh
•' • • \·; •. • Month . Dav , Veo,
lei Pres ident ____ ,,_,· ___ '_,-__ ._~_·_· __
Ill
V ice Pr e, ~· ---·--... ·-· -~-''------Treasu re,,:. ____ _. ______ _
Sec re1a rv------------
Mona9e , -------,.------
61 RE C ORS ... L 111 ad 0 1rec 1ou C.u le a11 3 are ,eau1red bv La'V'l'I
N AM E H0 MES1REETN0 &CITY DATE OF BIRTH
Lis t all uockt'loh1e ,"s~1ngor c o~lrofl1nganv of tt<ie cap11al noel.. of 1he co,po,auon !Include ac tual owner o, ple<lgec I Use sepnra 1e shPP I ,I needed
'·NAM! · HOMS STA EE.T NO & CI TY .. PERCENT OF
STOC K OWNED
DATE
OF BIRTH
(The lollowm; a Htdav1t to be 1,gned an~ acknow led gect by ,nd1v1dua\~ ancJ t .W:h ;,,ember o t p;u inersh ,ps o1nll bv CCJt PQliHI Onl
ST A TE OF COLORADO
•/ ~ ,; • 1 l '-H
:.,, I"·.. . }
Cool11 v oJ.._, -Ar-A.H~'H~"fp. .. w..-,_,-r---------,,J--·:~~:::r-l,, .. 1 .,._,,11 .... S,.._,.J:...,.~_..~ .... 7-Al.._l T .... EJg__o.c"'t..__.-------
, being bv me hrs, duly sworn. 11 l or 1m'Se lf d Pf)O\U -1ru1 s.iv1 that ht 111he a pot,ccmt
REPORT AND APP ROVAL OF LOCAL LICENSING AUTHORI T Y
IM•,;u,ik;:1ure r'S , Wholts•le,s lff'!POf\ert e ,,d Pubioe T·•n100,a11on Syuems d111eg11rd th•s sec 1,on J
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ne 't'orego ,n9 apphcatlon nas t,e:t n e aar,,1ned a l'IO tne Pt•"'•\e\, ou,1t1 n conauc:teo ana c na,ac :er o t 1ntl .:app hc-•t ,s u ti •a ctorv, •no
we do reoort t'tut such t•cenH , ,t 9r1ntea, .. 111 ,,,~, ,~ 1e1i.o"• '• •eau 11e"11:nn o f the ne1 9hbornooa and tne oes1r es ot 1ne ,nn ,110 ,tan u,
•no (OrflbllH with 1n• D1 0Vil10n o f Ar He le 41 T,t t J2. C RS 117 l
THERE F'OIU Tt;f1S A"'LICATION 15 H~lll[BV APPIII OV£0
~ '": ~ .. ;~~~'·U~.,,,~'• . .,, :~
o A'rEb A°'T."' !!-'· J.i J /p..1~ ..... --------DAV OF ,AO "--------tNA•1£°Qf'l't:.«,•;.:";;,',;v c,lf6o,,'!TV) _____________________________________ _
.· ' ; _p.,.,,. ~ :.• .:;. f ·, :,:,-..,:: /· \ .. ;.-:.. ..._1_·1 ___________________________________ _
= :.:.) I ' ..... ~ "':"l = ~ IMAVQR OR Cl 1~1Rtw11AN Of f't()A POO,: COU"'T"" ClJ'tr.AM+~51QNF Rt;OA OTt-il~ T n f Of LICENSING A UTH OR I
-. ~ ::. . '. :
", .. r' IJ .:; _,.. :~-s;} ATlCST
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,,, • •• /)j···:· • .. ~ ~ ~· ./· (CLE R K OFI &[CAETA.RV Ult a,'t,,o!J:t O P r I(..[ JI ~·A v1 NC THE Of F ICIAL sr-AL. or Tt-!l LIC(NS1NG A UTHORITY)
·u1 tne p,;~,;,. ~ 1~i~.~1.i•1'il • 1o wn or t•tv. ,,... ao • •POt .. , ,.,o., d M ••t' ~a t.r ,.,. m•v , •· d < ,.,., 1 '" a cou""tv ''"•" t,f ,, • '"•1'""' ot 1n • txiill•d c
county comm,,i(an.,.MO 'tr\e cl e rk 10 tt-t• boa,a 11 D¥ Of d ,..,c• ,, •1..,. H 1"• k>c•• 1,c • .,, "' •~t,.or •v ,s SQIY'e ov,e, oti,c1•1 tnero 1u1.n •PD1ow.1 '""u1 d oe
1lv en by ,uctt oflicl.t l.)
NOTICE
I
TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMPOR TANT THAT THIS DOCUMEN T, WITH YOUR
STATE FEE REMITTAN CE , BE AT THE COLORAD O DEP ART MENT OF RE VEN UE , STATE CAPITOL ANNEX
BU ILDING, 1375 SHERMA N STR EET, DEN VE R, NO LATE R THAN DECEM BER 1 .
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M l: M O fl A N IJ lJ M
TO: Director o f F inanc e
FROM: Chief of Pol Ice
DATE: January 10, 1978
SUBJECT: Annual Report-Liquor Ou tl e t Ca l Is
The following Information reflects cal Is handled by pol Ice function at
the various locations of I lquor establ lshment s withi n the city for the
period January 1, 1977 through Jan ua ry 1, 19 78 .
ALBERT SONS
No Reported Incidents.
CHERREL YN DRUG
No Reported Incidents.
FRATELLI S PIZZA
No Reported Incidents.
SIZZLER STEAK HOUSE
No Reported Incidents.
KIN G SOOPERS (50 50 S. Broadway)
No Reported Incidents.
SHOP-N-GO
No Reported Incidents.
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-22-
MEMORANDUM TO THE ENGLEWOOD CITY COUN~IL REGARDING ACTION OR
RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION
DATE: March 22, 1977
SUBJECT:
RECOMMENDATION:
Don Smith moved:
Hampden Professional Park Subdivision
Final Plat
Ed Smith seconded: The Planning Co111111ission recommend to City
Council approval of the Hampden Professional
Park Subdivision, aa set forth in Case #31-76, with the follow-
ing conditions made a part of the approval:
(1) Buildings in the development of ff1U11pden Prof~seional Park
shall not exceed two stories.
(2) All development of the Hampden Professional Park Sub-
division shall be accomplished under a Planned Development.
(3) If the Hampden Professional Park Subdivision is developed
with professional office buildings, the following definition
of "Professional Office" shall be enforced throughout this
development:
"Professional Office: The office of a person engaged in
any occupation, vocation, or calling, not purely commercial,
mechanical, or agricultural in which a professed knowledge
or skill in some department of science or learning is used
by its practical application to the affairs of others,
either advisin1 or guiding them in serving their interest
or welfare through the practice of an ~ct founded thereon,
such as medical doctors, dentists, attorneys-at-law,
architects or engineers."
AYES: Don Smith, Ed Smith, Wade, OWens
NAYS: Pierson,· Parker
ABSENT: Tanguma, Williams, Jorgenson
The motion carried,
Respectfully submitted,
By Order of the City Plannins
and Zoning Commission,
.Gertrude G. We ty ?I ,, ~
Recording Secretary
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City of Englewood
January 31, 1978
The Honorable James L. Taylor
Mayor of Englewood
and Members of City Council
3400 South Elati Street
Englewood, Colorado 80110
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3<400 S. Elatl Street
Englewood , Colorado 80110
Phone (303) 761. 1140
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Re: Appointment of Associate Judge
Dear Sirs:
I recommend the appointment at your next regular
meeting of City Council of Haydn A. Swearingen as Associate Judge.
I submit the name of Haydn A. Swearingen who has
indicated his willingness to serve in this capacity.
His previous experience is invaluable for advice to
the Court, as well as the ability to sit during
illness, vacation, conflicts and other times when
the Judge cannot sit.
Your earliest attention to this matter will be appreciated.
2"3!;:,~
LOUIS PARKINSON, Judge
Municipal Court
LP /b
cc: Andy Mccown, City Manager
Bernard Berardini, City Attorney
Haydn A. Swearingen
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INTRODUCED AS A BILL BY COUNCILMAN Smi±b
A BILL FOR
AN ORDINANCE APPROVING A CONTRACT FOR THE EXCHANGE OF REAL
ESTATE WHEREBY THE CITY OF ENGLEWOOD, COLORADO SHALL GRANT
CERTAIN PROPERTY TO THE ESTATE OF K. C. ENSOR AND THE
ESTATE OF K. C. ENSOR SHALL GRANT CERTAIN PROPERTY TO THE
CITY OF ENGLEWOOD, COLORADO FOR USE AS A PUMPING STATION.
WHEREAS, the City of Englewood, Colorado is desirous
and in need of constructing a raw water pumping station on
property owned by the Estate of K. C. Ensor for the purpose
of transporting water from the City Ditch to the McLellan
Reservoir; and
WHEREAS, the Estate of K. C. Ensor is desirous of ex-
changing the property needed by the City of Englewood,
Colorado for a parcel of property presently owned by the
City of Englewood, Colorado; and
WHEREAS, a certain parcel of property owned by the
City of Englewood, Colorado t s unneeded and useless to the
City of Englewood, Colorado as a raw water pumping ~tation;
and
WHEREAS, the value of the property to be exchanged is
approximately equivalent.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1.
That the City of Englewood, Colorado and the Estate of
K. c. Ensor shall enter into a contract, identified as
Exhibit "A", titled "Contract to Exchange Real Estate"
which is attached hereto, consisting of twelve (12) type-
written pages and is incorporated by reference herein, said
instrument providing as follows:
1. That the City of Englewood, Colorado shall grant
to the Estate of K. c. Ensor by Warranty Deed with excep-
tions property as described in Exhibit "B" which reads as
follows:
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A tract of ground containing 1.24 a c res, more or less, located
in the SE 1/4 of Section 31, Township 5 South Range 68 We s t
of the 6th P.M., in Arapahoe County, State of Colorado, des-
cribed as follows:
Beginning at the Southeast corner of Section 31, Township 5
South, Range 68 West of the 6th P.M.; thence 0°31'00'' East
along the East line of said Section 31, on a true bearing,
a distance of 2147.B feet; thence South 84°50'23" West a
distance of 399.S feet; thence South 2°21'37" East a dis-
tance of 217.0 feet to the point of beginning ; thence North
89°29'00" West a d is tance of 290 .0 feet; thence South
0°31'00" West a distance of 170.0 feet; thence South
89°29'00" East a distance of 320.0 feet; thence North
0°31'00" East a distance of 170.0 feet ; thence North
89°29'00" West a distance of 30.0 feet; to the true point
of beginning. All located in the SE 1/4 of S ection 31,
Township 5 South, Range 68 West of the 6th P.M., Arapahoe
County, State of Colorado.
2. That the City of Englewood, Colorado shall grant to
the Estate of K. C. Ensor substantial ly the same property as
previously described but sa i d property to be granted by Qu it
Claim Deed for the purposes of clearing ti tle as shown on
Exhibit "C".
3. That the Estate of K. c. Ensor shall grant to the
City of Englewood, Colorado property as described on
Exhibit "D" which reads as follows:
A part of the SW 1/4 of Section 32, Township 5 South, Range
68 West of the 6th P.M., Arapahoe County, State of Colorado,
described as follows:
Beginning at the Southwest corner o f the NW 1/4 of the SW 1/4
of said Sect i on 32; thence North 89°26'49" East along the
South line of the NW 1/4 of the SW 1/4 of said Section 32, a
distance of 483.43 feet; thence North 0°31'31" West 732.37 feet;
thence South 81°1 5'31 " East 522.00 feet; thence South 72°49'31"
East 513.00 feet to a point on the Westerly right of way line
of State Highway 85; then ce North 21°11' East along the
Westerly right o f way line of State Highway 85 a distance of
6 49.76 feet; thence North 87°14'51" West 124 .97 feet to the
true point of beginning; thence South 21°37'49" West 100.0
feet; thence South 68°22'11" East 41 .0 fe et to the centerline
of City Ditch; thence Northeasterly along the centerl i ne of
the City Ditch 102.0 feet; thence North 68°22'11" West a dis-
tance of 50 .0 feet to the point of beginning, except the
Ely. 25' thereof, wh ich is existing City Ditch R.O.W. Said
p arcel conta in s 0 .0 47 Acres~-
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4. That the City of Englewood, Colorado shall retain •an
easement over certain portions of that property granted to the
Estate of K. C. Ensor.
5. That the equipment contained within the pumphouse on
the property to be granted to the Estate of K. c. Ensor shall
remain the property of the City of Englewood, Colorado subject
to removal upon written notice to the City of Englewood,
Colorado.
6. That each of the parties shall pay for the cost of
title insurance on property to be received by them.
7. That each of the parties shall grant free and clear
title to the other.
• 8. That closing shall be within Sixty (60) days of the
effective date of this Ordinance or Ninety (90) days subject
to extension, should there be a defect in the title of either
party upon approval of t h e g r antee of said property.
9. That the City of Eng l ewood, Colorado shall have an
easement over the property of the Estate of K. c. Ensor for
convenient access to the parcel described in Exhibit "D" until
written notice is given of termination.
Section 2.
The City Council of the City of Englewood, Colorado
hereby authorizes the Mayor of the City of Englewood, Colorado,
to the City Council of the City of Englewood, Colorado and the
Director of Finance, ex officio City Clerk-Treasurer, attest
the same and execute the Warranty Deed and Quit Claim Deed,
as well as the contract to exchange property and any other
documents necessary to perfect title in the Estate of K. C.
Ensor, and furthermore, those documents necessary to receive
that property to be granted by the Estate of K. c. Ensor to
the City of Englewood, Colorado.
Introduced, read in full and passed on first reading on
the 6 th day of F&b. , 1978.
Publ i shed as Bi ll for an Ordinance on the 8th day of
Fe.. b. , 191s .
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ATTEST:
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Bill for Ordinance, passed on first reading on the 6th day
of f:e. b. , 197 and published as a Bill for Ordinance on the B th day of F'c.b . , 19 7 •
~-~ 8X01Cl.() cieil-Treasurer
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EXHIBIT "A"
CONTRACT TO EXCHANGE REAL ESTAT E
THE PARTIES hereto intending to be legally bound agree
as follows:
l. The City of Englewood, a Colorado Municipal corporation
agrees to grant to the Estate of K. C. Ensor by Warranty Deed,
attached hereto , i ncorporated by reference and identified as
Exhibit "B", the property described therein, and subst antially
the same property by Quit Claim Deed, attached hereto, in cor-
porated by reference, and identified as Exhibit "C". The Estate
of K. c. En sor agrees to grant to the Ci ty of Englewood by
Persona l Re p resentative 's Deed, atta ched hereto, inc orporated
by reference , and identified as Exhibit "O", the property des -
cribed therein. The parties agree that the value of the respec-
tive properties is equal.
2. Any of the grants described herein specifically
exclude any equipment located within the pumphouse, to-wit:
pumping equipment, controls and other equipment and devices
u s ed in conjunction wi th t he pumping equipment, which shall
be removed at the expense of the City of Englewood prior to
June 1 , 1978 .
3. Possea&1on of the premises shal l conunence at c losing
except possession of the pumphouse. The City of Englewood
shall continue to have such access as i s necessary to maintain,
pro tect, conserve, move , repair or otherwise utilize the equip-
ment within said pumphouse unt i l possession of the pumphouse
1s turned over to the Estate on June 1, 1978.
4 . The Estate may select the exterior brick color of
the pumphouse to be built on the p roperty transferred from
the Estate to the City from five colors subm i tted by the
City to t he Estate. The brick exterior walls shall extend to
the height of the proposed roof ventilators and the landscaping
shall s c reen the transforme rs. Th e bu i lding shall be landscaped
i n an attractive manner, the City using i ts best efforts
cons is tent wit h the surround i n g s intended.
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5. Each of the parties shall pay for the title
insurance po l icy on the property to be received by t h em.
6, The parties sha ll clear or obtain the rel ea se of
all taxes and liens of any type or na t ure o n the property to
b e granted to the other, whether payable before or after
clos1ng. 1977 real estate taKe& shall be prorated to the
date of closing and paid to the City of Englewood·at that
time.
7. Title sha l l be merchantable in each of the granters.
Any defect shall be cured within Ninety (90) days of notice
the reof and clos1ng shall be continue d Ninety (90) days
to cure said defec t. The gr antee shall have the option of
whether to conti nue t he closing an additi on al Ni n ety (90)
days to cure any defect on the p roperty to be received.
8 . Clos1ng s h a ll be wit h1n Sixty (60) days of the
effec t1ve d ate of t he Ord1nance approving the exchange at the
t ime and place designated by the C1ty of Englewood.
9. The City o f Englewood and its assignees and designeea
shall be enti tled t o use the easement descr i bed i n an agree-
ment dated Ap r il 23, 19 64 between the C1ty of Englewood,
Colorado and K. C. Ensor and Edna Ensor, for convenient accesa
over the property owned by th e Estate of K. C. Ensor and the
C1 t y of Englewood sh all be not1f1ed in writing, to the City
Manager of the City of Englewood, that the easement will
t e rminate One (l) year from the date of said writte n notice,
but under no ci rcumstancea shall any other easement be
affected hereby unless specifically identified .
10 . Upon approval by the City Counc il of the City of
Engl e wood by Ordinance , and\the Estate of K. C . En sor, thi•
c ontract shall be binding up on the p a r ti es hereto, their
he irs, as sign s a nd s ucce ssors .
11 . The City o f En g lewood sha l l in addition, during the
cour se of const r uction of an y pumping house located on the p~o-
pecty des c ribed in Exhib it "D", ha ve an ease~ent for con•truction
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purposes, consisting of an additional One Hundred (100)
feet in w1dth on t he sou the rly and weste rly sides o f the
grant. The C1ty of Englewood and the Estate of K. c . Ensor
shall cooperate dur in g construction to insure that noun-
due hardship exists or 1s created for the other. Upon
completion of c o nstruct1on, the City of Englewo od shall be
responsible f or cleaning up the const ruct 1on e asement and
putting the groW\d in a sim ilar condition as that prior to
the commencement of construction.
12. This agreement shall survive any subsequent grant
described herein so mu c h as is necessary to fulfill t he terms
of this agreement.
IN WITNESS WHEREOF, the said City of Engl e wood ha9 caused
its corporate name to be hereunto sub scr i bed by its Mayor,
and its corporate seal t o be hereunto aff ixed, attested by
its ex officio City Clerk-Treasurer, the ~day of
197_
ATTEST,
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ex oftitro ~1erk -Treasurer
CITY OF ENG LEWOOD, COLORADO
a Mu nic ipal corpo ration
MAYOR
IN WITNESS WHERE OF, the Personal Represen tatives h a ve
hereunto set their hands and seals the ,··,.,.....·aa y
197[_.
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Mary Edith W1l k1n s,
Representative
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Personal
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Ke nton c. Ensor, P,rsonal
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INTRODUCED AS A BILL BY COUNCILMAN ~'}nu A
A BILL FOR
AN ORDINANCE APPROVING A CONTRACT FOR THE EXCHANGE OF REAL
ESTATE WHEREBY THE CITY OF ENGLEWOOD, COLORADO SHALL GRANT
CERTAIN PROPERTY TO THE ESTATE OF K. C. ENSOR AND THE
ESTATE OF K. C. ENSOR SHALL GRANT CERTAIN PROPERTY TO THE
CITY OF ENGLEWOOD, COLORADO FOR USE AS A PUMPING STATION.
WHEREAS, the City of Englewood, Colorado is desirous
and in need of constructing a raw water pumping station on
property o wned by the Estate of K. C. Ensor for the purpose
of transporting water from the City Ditch to the McLellan
Reservoir; and
WHEREAS, the Estate of K. C. Ensor is des i rous of ex-
chang i ng the property needed by the City of Englewood,
Colorado for a parcel of property presently owned by the
City of Englewood, Co lorado ; and
WHEREAS, a certain parcel of property owned by the
City of Englewood, Colorado i s unneeded and useless to the
City of Englewood, Colorado as a raw water pumping ~tation;
and
WHEREAS, the value of the property to be exchanged is
approximately equivalent.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS:
Section 1.
That the City of Eng lewood, Colorado and the Estate of
K. C . Ensor shall enter i nto a contract, i d en t ified as
Exhibit "A", titled "Contract to Exchange Real Estate"
which is attached hereto, cons isting of twelve (12) type-
written pages and is incorporated by reference herein, said
instrument providing as follows:
1. That the City of Englewood, Colorado shall grant
to the Estate of K. c. Ensor by Warranty Deed with excep-
tions property as described in Exhibit "B" which reads as
fol lows:
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A tract of ground containing 1.24 acres, more or less, located
in the SE 1/4 of Section 31, Township 5 South Range 68 West
of the 6th P.M., in Arapahoe County, State of Colorado, des-
cribed as follows:
Beginning at the Southeast corner of Section 31, Township 5
South, Range 68 West of the 6th P.M.; thence 0°31'00 11 East
along the East line of said Section 31, on a true bearing,
a distance of 2147.8 feet; thence South 84°50'23 11 West a
distance of 399.5 feet; thence South 2°21'37 11 East a dis-
tance of 217.0 feet to the point of beginn i ng ; thence North
89°29'00 11 West a distance of 290.0 feet; thence South
0°31'00 11 West a distance of 170.0 feet; thence South
89°29'00 11 East a distance of 320.0 feet ; thence North
0°31'00 11 East a distance of 170.0 feet; thence North
89°29'00 11 West a distance of 30.0 feet; to the true point
of beginning. All located in the SE 1/4 of Section 31,
Township 5 South, Range 68 West of the 6th P.M., Arapahoe
County, State of Colorado.
2. That the City of Englewood, Colorado shall grant to
the Estate of K. C. Ensor substantially the same property as
previously described but said property to be granted by Quit
Claim Deed for the purposes of clearing ti tle as shown on
Exhibit 11 C".
3. That the Estate of K. C. Ensor shall grant to the
City of Englewood, Colorado property as described on
Exhibit 11 D" which reads as follows:
A part of the SW 1/4 of Section 32, Townsh ip 5 South, Range
68 West of the 6th P.M., Arapahoe Coun ty, State of Colorado,
described as follows:
Beginning at the Southwest corner of the NW 1/4 of the SW 1/4
of said Section 32; thence North 89°26'49 11 East along the
South line of the NW 1/4 of the SW 1/4 of said Section 32, a
distance of 483 .43 feet; thence North 0°31'31 11 West 732 .37 feet;
thence South 81°15'31" East 522 .00 feet; thence South 72°49'31"
East 513.00 feet to a po int on the Westerly right of way line
of State Hi ghway 85; thence North 21°11' East along the
Westerly right of way line of State Highway 85 a distance of
649.76 feet; thence North 87°14'51" West 124.97 feet to t he
true point of beginning; thence South 21°37'49" West 100.0
feet ; thence South 68°22'11" East 41 .0 feet to t he centerline
of City Ditch ; thence Northeasterly along the centerline of
the City Ditch 102.0 feet; thence North 68°22'11" West a dis-
tance of 50.0 feet to the point of beginning, except the
Ely. 25' thereof, wh i ch is ex isting City Ditch R.O.W. Said
parcel contains 0.047 Acres~·
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4. That the City of Englewood, Colorado shall retain ·an
easement over certain portions of that property granted to the
Estate of K. c. Ensor.
s. That the equipment contained within the pumphouse on
the property to be granted to the Estate of K. C. Ensor shall
remain the property of the City of Englewood, Colorado subject
to removal upon written notice to the City of Englewood,
Colorado.
6. That each of the parties shall pay for the cost of
title insurance on property to be received by them.
7. That each of the parties shall grant free and clear
title to the other.
• 8. That closing shall be within Sixty (60) days of the
effective date of this Ordinance or Ninety (90) days subject
to extension, should there be a defect in the title of either
party upon approval of the grantee of said property.
9. That the City of Englewood, Colorado shall have an
easement over the property of the Estate of K. c. Ensor for
convenient access to the parcel described in Exhibit "D" until
written notice is given of termination .
Section 2.
The City Council of the City of Englewood, Colorado
hereby authorizes the Mayor of the City of Englewood, Colorado,
to the City Council of the City of Englewood, Colorado and the
Director of Finance, ex officio City Clerk-Treasurer, attest
the same and execute the Warranty Deed and Quit Claim Deed,
as well as the contract to exchange property and any other
documents necessary to perfect title in the Estate of K. C.
Ensor, and furthermore, those documents necessary to receive
that property to be granted by the Estate of K. C. Ensor to
the City of Englewood, Colorado.
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Introduced, read in f ull and passed on first reading on
the b th day of 1w-. , 197 .
._, Published as Bill for an Ordinance on the [{ th day of
-reJ.. , 197 .
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ATTEST:
ex officio City Clerk-Treasurer
I, William D, James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Bill for Ordinance, passed on first reading on the , th day
of:::/~, 197 and published as a Bill for Ordinance on the 'J th day of rei, , 197 •
ex officio City Clerk-Treasurer
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EXHI BIT "A"
CONTRACT TO EXCHANGE REAL ESTATE
THE PARTI ES hereto intending to be legally bound agree
as follows ,
l. The City of Englewood, a Colorado Municipal corporation
agrees to grant to the Estate of K. C. Ensor by Warranty Deed,
attached here to , incorporated by reference and identified as
Exhib1t "B", the property descr1bed therein , and substantially
the same property by Quit Claim Deed, attached hereto, i ncor -
porated by reference, and identified as Exhibit "C 11
• The Estate
of K. c . En sor agrees to grant to the City of En glewood b y
Personal Representative's Deed, attached hereto , incorporated
by reference , and identified as Exhibit "D", the property des-
cribed therein. The par t ie s agree that the value of the respec-
tive properties is equal.
2 . Any o f the grants described herein specif ically
exclude any eq uipment located within the pumphouse, to-wit:
pumping equipment, .controls a nd o t her equip~ent and devices
used in conjunction with the pumping equipment, which shall
be removed at t h e expense of the City of Englewood pr i or to
June l, 1978 .
3. Possession of the prem ises shall commence at closing
except possession of the purn phou se . The City of Englewood
shall con tinue to have such access as is ne ces s ary to maintain,
protect, conserve, move, repair or o therwise util ize the equip~
ment within said pumpho use until pos session o f the pumpho use
is turned over to the Estate on June 1, 1978.
4 . The Estate may select the exte rior brick color of
the pumphouse to be built on the property t ransferred from
the Es tate to the City from five colors submitted by the
City to the Estate. The brick exte r ior walls shall extend to
the height of the proposed roof ventilators and the landscaping
shall screen the transformers. Th e building shall be landscaped
ln an attractive manner, the City us ing its best efforts
consistent with the surroundings int ended .
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~. Ea c h of the parties shall pay for the t i tle
i nsu r a nce p ol icy on the p roperty t o be re c e i ved by them .
6 . The p arties shall c l e ar or obt ai n the release of
all taxes a n d lie ns of a n y type or n a t ure o n the property to
be g ranted to the other, whet h er pa y ab l e before or after
closing. 1977 real estate taxes sh a ll be prorated to the
date of closing and paid to the City o f Englewood·at that
time.
7. Title shall be merchantable in ea c h of the grantors.
Any defect shall be cured within Ninety (90) days of notice
there of and c losing shall be conti nued Ni nety (90) days
to cure sa i d defect . The grante e s ha l l have t he o p tio n of
whet he r t o con t in ue t he closing an add i tion al Ni ne ty (9 0 )
d a y s to cur e any defec t on the p roperty to be re c e i v e d.
8. C lo sing shall b e within Sixty (60) days of the
effe cti v e d a te of the Ordi n ance approving the exchange at the
t i me and place d e s ig n a te d by the C1ty o f Englewood.
9 . The City o f Englewood and its ass i gnees and designeee
shall be ent it l e d t o us e t he e a s e me n t descr i bed i n an agree-
ment dated Ap ril 23, 19 64 b e tween t h e Ci ty of Englewood,
Colorado and K. C . En sor a n d Ed na Enso r , f or c o nvenient a ccese
over the prope rty own e d by t he Estate o f K. C . En sor and the
City of Engl e wood s hall be not1f1 e d in wr i t i ng , to t h e City
Manager of the Ci ty o f Engl e wood , t hat the easement wi ll
terminate One (1) year from the date of said written notice,
but under no circumstances shall any other easement be
affected hereby unle ss specifically ident i fied .
10 . Upon approva l by the City Coun c il of the City of
Engl e wood by Ordinance, and,th e Estate of K. C. Ensor, thia
c ontrac t shal l be b i nding upon the parties hereto, their
he irs , a ss ign s an d succe s so rs .
1 1. The C1ty o f Eng l e wo od shall i n addition, duri ng the
c o ur s e o f const r uction of an y p ump ing house located o n the p~o-
per ty described in Ex hibit "D", h av e an easeme nt fo r construction
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purposes, consisting of an additional One Hundred (1 00)
feet in wi dth on the southerly and westerly sides of the
grant. The City of Englewood and the Estate of K. C . Ensor
shall cooperate during construction to insure that noun-
due hardship exists or is created for the other. Upon
completion of construction, the City of Engle wood shall be
respon•ible for cleaning up the construction easement and
putting the ground in a s imil ar condition as tha t prior to
the commencement of construction.
12 . Thia agreement shall survive any subsequent grant
descr i bed herein so much as is necessary to fulfill the terms
of this agreement.
IN WITNESS WHEREOF, the sa i d Ci t y of Englewood has caused
its corporate name to be hereunto a ubscr1bed by its Mayor,
and its corporate seal to be hereunto a f f ixed, a ttes t e d by
ita ex officio City Clerk-Treasu rer , the ~day of
197_.
ATTEST :
ex officio City Clerk-Treasurer
CITY OF ENGLEWOOD, COLORADO
a Municipal corpora tio n
MAYOR
IN WITNESS WHEREOF, the Personal Representatives have
hereunto set their hands and seals the , -~"'/1 day of c,4"':,-:4('(,,,,,;
197[_
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Representative
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Mary Edith Wilkins,
Represen tative
Personal
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Kenton C. Ensor, Piy-sonal
Repres entative .,
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INTRODUCED AS A BILL BY COUNCIL MEMBER ~ OJ., ~t) , ~~~-r----~-~
A BILL FOR
AN ORDINANCE CREATING PAVING DISTRICT NO. 25 IN THE CITY OF
ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION
OF STREET AND ALLEY PAVING, CURB AND GUTTER AND SIDEWALK IM-
PROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR
SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACTORS ANO OTHER
DETAILS.
WHEREAS, the City Council of Englewood, Colorado,
pursuant to the Charter and the Municipal Code of the City, and
the Laws of the State of Colorado, hereby finds and determines
that there exists a necessity for the creation of Paving District
No. 25, in the City, and the construction and installation therein
of street and alley paving, curb and gutter and sidewalk im-
provements as described herein; and
WHEREAS, as ordered by the City Council, the Director
of Public Works has prepared and filed plans, specifications,
maps and estimates of cost for the proposed improvements; and
WHEREAS, Notice of a public hearing concerning the
creation of the District and the construction and installation of ·
the improvements therein has been published once a week for three
consecutive weeks in the Englewo od Herald-Sentinel, a newspaper of
general circulation in the City, and in addition, a notice has
been mailed, postage prepaid, to each known owner of real property
within the proposed District; and
WHEREAS, at the time a nd place set forth in the notice,
the City Council met in open session for the purpose of hearing
any objections or protests that might be made against the proposed
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district or the improvements to be constructed or installed;
and
WHEREAS, the City Council has determined that the
following streets should be de leted from the list of streets to
be improved:
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO :
Section 1. Creation of the District. That a special
improvement district for the construction, installation or im-
provement of the improvements hereinafter described, is hereby
created and established in accordance with the Charter and the
Municipal Code of the City, and the Laws of the State of Colorado,
and shall be known and designated as "Paving District No. 25".
All proceedings heretofore taken and adopted in connection with
the District are hereby ratified, approved and confi rmed.
Section 2. Engineering Plans and Speci fications. That
the engineer's reports, together with all of the details, specifi-
cations, estimates, maps and schedule s thereto attached, as
amended, are hereby approved and adopted.
Section 3. District_Boundar~. The extent of the
District to be assessed for the cost of the improvements and the
area to be included within t he boundary of the District, shall be
all the real property specially benefited, and fronting or abutt-
ing on the streets and all ey s between the termini hereafter
described, including the real property within one-half (1/2)
block . of such Avenue.
Section 4. DescriEJ:_ion_of_Im~rovements. The kind
of improvements and the streets and alleys on which such im-
provements shall be constructed or installed shall be as follows:
1.
ON
Necessary grading and excavation, paving
with 6" compacted gravel base course and " 2"
asphaltic concrete surface, concrete walks,
curb and gutter where not already in-
stalled; together with appurtenances and
incidentals on the followi ng streets and
avenues :
FROM TO
East Centennial Ave. East side of South
Broadway
486 feet east of
the E. side of s •
Broadway
,,. South Delaware St .
South Fox St.
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Eastman Ave.
South side of west
Cornell Ave.
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North side of West
Floyd Ave.
North side of West
Dartmouth Ave.
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South Galapago St.
South Huron St.
East Layton Ave.
East Layton Ave .
West Oxford Ave .
West Princeton Ave.
East Princeton Ave.
East Union Ave.
West Wesley Ave.
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North side of West
Oxford Ave.
North side of West
Princeton Ave.
East side of South
Lincoln St.
East side of South
Logan St.
West s id e of South
Inca St.
West side o f South .
Bannock St.
East side of South
Lincoln St .
East s i de of South
Broadway
West s i de of South
Tejon S t.
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27 5 feet nor th of
N. side of w. Oxford
Ave.
400 feet N. of north
side of W. Princeton
Ave.
West side of South
Sherman St.
We st side of South
Pen nsylvania St.
Wes t side of South
Fox St.
East side of South
Cherokee St.
West side of South
Logan St .
West side of South
Pe nnsylvania St.·
East side of South
Zuni St.
2. Necessary grading and excavation, paving
with a• compacted gravel base course and 3•
asphaltic concre t e surface approximately 44
feet in width, concrete walks, curb and
gutter wh ere not alre ady installed; to-
gether wi t h appurtenances and inc identals
on the follo wi ng streets and avenues:
ON ~ '.!'.Q
West Bates Ave. Ea s t s i d e o f South
West Cornell Ave .
3.
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E a st side of De l aware St. Galapago St.
E as t side of South East side of Shoshone St. Tejon St.
Necess ary grading and excavation, paving
with 8" compac t ed gravel base course and 3"
asphaltic co n cr et e su r face approximately 34
feet in width , 4-foot wide concrete •v•
pans, toget her with appurtenances and
incide n tals on the fo l lowi.ng streets and
avenues:
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South
South
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ON ~ TO
South Shoshone St. South side of West North side of West Bates 'Ave. Cornell 'Ave.
South Umatilla St. South side of West North side of West Bates 'Ave. Dartmouth 'Ave.
South Vallejo St. South side of West North side of West Bates 'Ave. Dartmouth 'Ave.
South Wyandot St. South side of West North side of West
ON
Bates 'Ave. Dartmouth 'Ave.
4. Necessary preparation of present surface,
installat ion of poly-propylene fabric,
overlay ing of same with one-inch asphaltic
concrete, and concrete walks, curbs,
and gutters, where not presently adequate;
together with appurtenances and other
incidental work on the following streets
and avenues:
FROM TO
East Amherst Place..,/ East side of South
Pennsylvania St.
West side of South
Clarkson St.
East Dartmouth Circle North side of 2100
East Dartmouth Ave .
North side of 2200
East Dartmouth Ave.
South Elati St.
South Pearl St.
South side of West
Oxford Ave.
South side of East
Stanford Ave.
North side of West
Princeton Ave.
North side of East
Tufts Ave.
South Washington st J South side of East
Grand Ave.
North side of East
Belleview Ave.
South Washington Circle West side of South
Washington St.
('Approximately 5010
south)
West side of South
Washington St.
(Appr oximately 5050
south)
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5. Necessary grading and excavation, compacted
subgrade, and with 6" Portland cement
concrete surface, for a total overall width
of fourteen feet; together with appurten-
ances and other incidental work on the
following alleys :
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ON
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FROM TO
Alley
South
Alley
South
Alley
South
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E. of 3700 South side of Eas t North side of East
Broadway
Blk./
Kenyon Ave. Le high Ave .
E. of 4000 South side of East North side of East
Broadway Nassau Ave. Oxford Ave.
E . of 4700 Blk. South side o f East North side of East
Broadway Union Ave. . Layton Ave.
Section S. Improvements Authorized. The construction
or installation of the street paving, curb and gutter and sidewalk
improvements in and for the District, as sh own by the plans,
specifications and maps thereof, approved by the city Council of
the City, is hereby authoriz ed and ordered, the material to be
used in the construction of said impro ve ment s to be in acco rd ance
with such maps, plans and specifications.
Section 6. Assessment of Costs. The revised probable
total cost of the imp rovements to be constructed or installed is
$ _______ it is propos ed th at the City of Englewood will pay
approximately$ i t he remaind er of the cost will be assessed
against the property withi n the district and s pecially benefited
by the construction and installation of the im p r ovements. The
approximate share of the total cost to be assessed per front foot
against any lot or t ract of land fronti ng or abutting on said
improvements will be as more particula rly set forth in the resolu-
tion passed and adopted· on January 3,· 1978, and which is incor-
porated herein by specific reference.
Section 7. Payment of Assessments.
will be d ue and payable without demand within
The assessments
thirty (30) days
from and after the final publication of the Ordinance assessing
the whole cost of said i mprovements against the real property
in the District. In the ev e nt any owner of real estate shall
fail to pay the whole of s u ch assessment against his o r her
property within said thirty (30) days, then the whole cost of the
improvements so assessed against such property shall be payable in
ten (10 ) equa l annual installments of principal. Th e first of
such i nstallments of princ i p a l shall be due and payale at such
time as will be determined in the assessing ordinance and the
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remainder of said inst a llments shall be d ue an d payable suc-
cessively on the same day in e ach year th e r e af te r, until all are
p e id in full. T he r ate of interest t o be pa i d on u npaid and
deferred 'in s tal l ment s w ill be es t ablish ed by o r d inance t o be
adopted by the Ci ty Council at a l ater d at e.
Section 8. Special I mprovement Bonds . By virtu e o f and
pursuant to s a i d laws and the Ch arter and the Mun i c i pa l Code of
the City, local i mp roveme n t bonds of the City s ha ll be is sued f or
the purpose of pay i ng fo r th e lo cal impro v eme n t s des cri bed in this
Ordinance, in an am ount not to exc e ed the co st and e xpenses of
s a id improve me n ts, i n cluding engineering, lega l and incidental
expenses, as prov id e d b y law. The bonds shall be is s u ed bas e d
up o n e s tima tes a pprove d by the City Council, and as a u t h orized by
an Ordinance to be p assed by the City Council at a l a ter date.
The maximum rate of int erest on speci al i mprov e ment bonds for
Paving Distri c t No. 2 5 , shall not exc eed ni ne (9) per cent per
annum. The b onds a nd t he int e rest thereon s hall b e pay a bl e out of
special assessme n ts to b e levied against the rea l p r o per ty in-
cluded with i n t he D istrict and specially benefit ed by t h e im-
provements to be con s tr ucted or installed.
Section 9. Not ice to Construction Bi d d e rs. The Mayor
and the Director of F inance are hereby autho r ize d to advertise
for bids to · construct such improvements i n the t ime and manner
required by the Cha rt e r of the City and by the Municipal Code,
which advertiseme nt may ru n concurrently with the publication of
this Ordinance.
Section 1 0 . General Benefits. T he C i ty Council hereby
finds and deter mines that the improvements proposed to be con-
structed and installed will confer a special bene fit upon the
p r operty wit hin the District and a general be nefit upon the
C ity a s a who le.
S ect ion 11. Sever ability_. Tha t if any one or more
s ect i ons or parts o f this Ordinance shall be adj u dg ed unenforce-
able or invalid, such judgment shall not affect , i mpair or inval-
idate the rema i ning p r o visions of this Ordi n a nce, it being the
intention that t he v ario u s provisions here of are severable.
S e ct i o n 12. He!rin9.. In accordan ce wi t h Section
40 of the Ci t y Ch arter, the Ci t y Council shall hold a public
hearing on this o rdinance, befo r e final passage, a t 7:30 P.M. on
Tuesday, Febr uary 21, 1978.
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Section 13. Publ ic at i on _a nd _Ef f e c t i v e Date·. This
Ordinance, after its f i n al passage, sha ll be num bere d and record-
ed, and the adoption and pub l icat i on shall be authent i cated by the
signature of the Mayor and the Di r e cto r of Finance, ex-officio
City Clerk-Treasurer, and by the Certificate of Publication. This
ordinance shall become effective thi r t y (30) days after publica-
tion following final passage.
INTRODUCED AND READ This 6th day of February, 1978.
( S E A L )
ATTEST:
Director of Finance
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Mayor
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TO. Andy Mcco wn , City Manager
INTH-OfflCI
MIMOIANDUM
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DA'l1i Fe bruary 3 , 1 978
FltOM: Ke lls Wa ggoner, Di rec tor of Public Works
SUIJ!CT1 PAVIN G DIS TRICT #25
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Attached i s a memo frOiQ the Director of Engineering Services in
response to s ome o f the complaints voiced at the Paving District
#25 P ublic He a r i ng on January 30, 1978.
In g enera l , we feel that the proposed district is a good district
and t hat we are f ollowing past policies in recommend i ng the work to
be done.
Mo st o f t he al l eys along Broadway have been paved; therefore, when
we g e t a request f or another one, we jump at the chance to put it
in a dis trict. I f Council wishes, we will require a petition before
recommendi ng a nother one .
Ins ofar as the ov erl a ys are concerned, we feel that something has
t o be don e wi th those streets proposed. If we do not assess them,
we feel t ha t the City should overlay them under the Road & Bridge
Fund uti lizing the County work force. If we do not overlay soon, we
fe e l tha t the streets will require reconstruction within the next
f ew years. All of the proposed overlay streets are showing the same
type of f ailure, s ome more severe than others.
The building p ermi t i ssued in the 2900 block of South Shoshone was
issued i n error, and four feet of a carport will have to be
remove d. No o t her b uildings are invol ved.
There are fenc e s a l ong t he indus t r ial streets that will have to be
mo ved when the a ddi tional fi ve fee t of right -of-way is obtained .
We have a l arge map showing t he locations thereof.
We h a ve tried to address the concerns voiced a t the heari ng, and hope-
fully, we have covered t h em all.
";?~;;.~~~--::i --·~--~
Director of Public Wor ks
KW/l o
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INTU.OFFICI!
MIMOIANDUM
TO. Kells Waggon er, Di rector of Public Works DATIi February 3, 1 978
FltOM, Gary Diede , Director of Engineering Services
SULl!CT , STAFF RESPONSE TO PAVING DISTRICT #25 PUBLIC HEARING
In order to answer the questions that were raised at the Paving District
#25 Public Hearing on January 30, 1978, perhaps it is best if I respond
to them by streets or groups of streets:
l. 400-600 w. Bates Ave. (Industrial)
Alley E. of 4700 s. Bdwy . (alley)
000-100 E. Centennial Ave. (Residential)
1900 w. Cornell Ave. (Industrial)
3000 s . Dartmouth Circle (overlay)
4000 s. Galapago St. (Residential)
100 E. Layton Ave. (Residential)
400 E . Layton Ave. (Residential)
4 500 s. Pearl St. (overlay)
200 W. Princeton Ave. (Residential)
100-3 00 E. Princeton Ave . (Residential)
29 00-3000 S . Umatilla St. (Special Industrial)
000-4 0 0 E. union Ave. (Residential)
2900 -3000 S. Vallejo St. (Special Industrial)
No letters, no petitions, no protesting of construction received on
the above listed streets .
2. 500-70 0 E . Amherst Pl. (overlay)
Mr, Ge rald Pool wro te a letter to Councilman Do~ Weber ; several
of his statements are i naccurate:
a. The street is not presently in good c ondition, it is alliga-
tored, cracking andcleteriorated t o the point that mo isture can
get to the su.bgrade and cause structural failure and chuc kholing.
b. The developers, in 1955, did not improve the street to City
of Englewood standards of 2" a sphalt and 6" of base . The total
thickness of the two is not the determining factor. One inch
of asphalt is not a sufficient roadway thickness. Such a thin
layer greatly accelerates deterio ration due to o x idation and
drying out of the a sphalt, causing shrinkage and transverse
cracking, which this street has. Add i tional gravel depth does
not necessarily reduc e the thickness of asphalt from 2" to l".
c. There is consi derably mo r e cracking in the existing street
today than reported in the 1975 soil tests •
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Kells Waggoner, Director
of Public Works
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February 3 , 1978
d. Additional park traffic or some truck traffic should not
cause a structurally sound street to fail. This only supports
my position that the street needs more asphalt structural thick-
ness to support normal residential traffic.
I agree that the minor cracking in the concrete sidewalk is not
an immediate hazard and need not be included in the paving district at
this time.
5000 S . Washington St. (overlay)
600 s. Washington Circle (overlay)
4100 s. Elati St. (overlay)
Several property owners on these streets stated that the streets
are in good condition. These streets are in the same poor condition
as East Amherst Place and need a one-inch overlay this sununer in order
to avoid major street patching expenses. Furthermore, these streets
are proposed for a one-inch overlay which is much less expensive than
total reconstruction; and the overlay will bring these streets within
City requirements.
As for the concrete that has been marked, our policy is to replace
that concrete which is displaced 1/2" or more vertically, if it is
spalling and cracked to the extent that it could interfere with ped-
estrian traffic, or if the concrete is off grade to the extent that
it ponds water.
3. Alley east of 3700 S. Broadway
Alley east of 40 00 s. Broadway
Th e alleys received both approval and protests for the
proposed construction ; however, the staff feels that alleys adjacent
to commercial zoning should be paved to safely carry the vehicular
traffic generated in these areas.
4. 3200 s. Delaware St. (Residential)
Although this street was protested by petition, I feel you should
be aware of the fact that the City patch crews have spent $2,000-$4,000
per year for the past four years maintaining this one block, when the
estimated cost that the City would bear for reconstruction in the Dis-
trict is o n ly $900. There are many cracks and patches, as well as
a high center crown, making it even more in need of reconstruction .
5. 3000 South Fox St. (Residential)
The question was raised by Mr. Bobby Luttrell and Councilman
Clayton about trucks us i ng this street. On April 19, 1976, City
Council designated the 2900 and 3000 blocks of South Fox Street as
truck r outes to provide access to the industrial area around General
Iron. A map is provided showing the truck routes in this area, which
were constructed to 2 " of asphalt and 6" base as proposed for 3000 South
Fo x Street.
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Kells Waggoner, Director
of Public Works
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February 3, 1978
Mr. Bobby Luttrell (3015 s. Fox St.) was concerned that when
the storm sewer was installed in the street in 1975, the street was
not repaired at that time, and thus, repairs should no t be charged
t o the property owners now. The City had anticipated that Fox Street
would be reconstructed in the next paving district because it was in
very poor condition prior to the storm sewer installation . Consequently,
at the time of storm sewer construction, only an inexpensive temporary
surface was placed over the trench, awaiting the next district when it
would be properly constructed to the new grade and cross-section.
6. 4100 s. Huron St. (Residential)
Mr s . Bob Brundage asked if the property on the west side of
this proposed street near Princeton would be assessed -The answer is
"Y es ", but the City will pay the cost where the ditch parallels the
road because we own the ditch property.
7. 600-800 West Oxford Ave. (Residential)
Mrs . Eleanore Smith wanted to know how Oxford became a truck
route .
On May 3, 1976, City Council designated Oxford as a truck route
at the request of staff to provide a route from Federal Boulevard to
Broadway.
Mr. Ke,n Love (777 w. Oxford Ave.) will be assessed for the
property he .owns which fronts on Oxford , but the City owns, and will
pay for oxford as it fronts on the City Ditch. (See letter to Love
from City Attorney.)
Mr . Clayton Smith and Cowicilman Mann asked for reasons why con-
crete on a corner sidelot is not assessed like paving, but is assessed
directly to the corner property . The City assesses all the concrete
to the adjacent property owner because: 1) By law, the property owner
has to provide for drainage across his property. 2) The curb provides
a traffic barrier between the roadway and the private property.
3) The s i dewalk prov ides a safe pedestrian path. All of these are
direct benefits to the corner lot.
8. 2900 s. Shoshone s t. (Special Industrial)
There is presently a carport existing within the 5' right-of-way
needed on the east side of Shoshone that will have to be altered before
a 34' wide street can be built. We have talked to the owner , Mr. Bud
Brady, about this problem and he did not seem to object as long as the
City pays for the work required.
Mr. Harold Stoner stated that there is an existing propane
tank that would have to be moved if the right-of-way were widened.
This is not true. The existing permanent 18,000-gallon propane tank
is presently 63 feet from the 30' right-of-way line . Even with an
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February 3, 1978
additional 5' of right-of-way, the tank would be 58' from the right-
of-way line, which is more than the 25' required by the Fire Preven-
tion Code used by the City.
There are many small portable propane tanks that are violating City
Code,if they actually contain propane, and will have to be moved.
Co uncilman Smith asked that an aerial map be prepared showing fences
and buildings that need to be relocated.
9. 20 00-2300 W. Wesley Avenue (Residential)
One protest was received on this atreet, which is in poor condi -
tion and in need of improvement.
10. 2900-3000 s. Wyandot St. (Special Industrial)
Mr. Fred Rister stated that the slope would take too much of
his property. I have talked with him since the public hearing and
explained that the sloping would not extend beyond the 15' reservation
line, and he seemed to be satisfied with that. Cross-sections in that
area have been prepared.
~~£i?--:.R
D~;~~r of Engineering Services
GD/lo
Attachs •
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TRUCK ROUTES
:,. : . ' : °)/~·:·./:: .. ';: .. ,
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EXIST ING ---
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CI TY OF EN GLEWO OD
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INDUSTRl AL a BUSINE SS
ZON ING
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CERTIFIED NO. 91017
RETU RN RECEIPT REQUESTED
City of Englewood
OFFICE OF THE CITY ATTORNEY
Be rn ard V. Barardlnl , City Attorney
Leo M . Clark, Assistant City Attorney
Rick DeWitt, Assistant City Attorney
Febr ua ry 1, 1978
Mr. Ke nneth A. Love
%R. Dal e Gates
4 403 S outh Logan Street
Englewo o d , Colorado 80110
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)400 S. Elatl SlrNl
Englewood . Colorado 80110
Phone (303) 7111 ·1 1.0
Re: Engl e wood City Di t ch--Special
Improvement District No. 25
Dea r Mr. Love:
Since I have been unable to reach you by telephone, I
thoug ht perhaps it would be best to communicate with you in
writ i ng i n an attempt to answer your questions as I understoo d
the m at t he Public Hearing on the evening of January 30, 197 8 .
It is my understanding that you had three bas i c questions;
one being, doe s t he assessment for the property whi c h you appar-
ently o wn a t 7 77 W. Oxford subject to assessment for special
improvements. The a n swe r t o that question is yes. The s e con d
question was, a s I understood it , would the property a bove
referred to be subject to a ssessment along the width of the
Englewood City Ditch a p proximately 25 feet for said a s s es sment.
The answer to that question is no .
I believe the thi rd question was, does the City of
Englewood c l a im ownersh i p to the entire width of the Englewood
City Ditch adjoining your p r operty north of Oxford. From
the document s a nd r ecords available to us at Ci ty Hall, it
appears that the City does h ave own e rship of the Di tch in that
vicinity.
I am generally a ware o f the problems that the Ci ty Ditch
presents in the location whic h was piped by Mr. Crumpacker
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Mr. Love
February 1, 1978
Page 2
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last year. In an attempt to uncover more information with
reference to the apparent problem that exists there, I found
that Mr. Hank Bradshaw, who was the Acting Director of Utilities
at the time was handling the matter but, unfortunately, Mr.
Bradshaw passed away last November and the information which
he was personally familiar is not readily available to us at
this time.
Sho uld you have any further questions relative to the
assessment, I would suggest you contact the City Engineer's
Office, either in person at City Hall or by calling 761-1140
extension 220.
BVB/pa
cc: Stewart Fonda,·utilities Director
Gary Diede, City Engineer's Office..;__.,,
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MEMORANDUM
TO: Mayor and Members of City Council
FROM: Bernard V. Berardini, City Attorney
DATE: February 6, 1978
SUBJECT: Publication of Legal Notices--Designation of
Legal Newspaper.
The City Council has requested an opinion from this office
to determine whether publication of legal notices may be granted
to a newspaper other than the Englewood Herald Sentinel.
The requirement to publish Ordinances and other legal notices
in a newspaper published "within the limits of the town" is
mandated by C.R.S. 1973, 31-16-105 and appears to require that
if a legal newspaper exists within the corporate limits of, in
this case the City of Englewood, then no other paper whether
a legal publication or not (The Arapahoe Independent, The
Littleton Independent or others) could properly qualify under
the Statute as a legal newspaper.
After reviewfng the peftinent provisions of the City
Charter and State Statutes · and after discussing the matter
with the Englewood Herald Sentinel, The Arapahoe Independent
and the Littleton Independent and Mr. Bill Lindsey, Executive
Director of the Colorado Press Association of Denver, I have
concluded that the Englewood Herald Sentinel is the only quali-
fied legal newspaper within the meaning of that term to which
the City may lawfully submit legal publications.
I would be more than happy to discuss the legal and
factual basis for the opinion with the Council at its earliest
opportunity.
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,/-pectf~lly/..~/ / ·-~~
~ernard :v. ~~rarfaini -
City At~
BVB/pa
1. Charter Section 40 and C.R.S. 1973 24-70-101 et seq. and
C.R.S . 1973 31-16-105 et seq .
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MEMORA ND UM
TO: Mayor Taylor and Me mbers of Engl e wood
City Co uncil
FROM: Be rnard V. Be rardini, City Attorney
DATE: February 6, 1978
SUBJECT: Claim of Mr .. M. M. Summers a gainst Allied Roofing
Comp a ny of Denve r; munic i pal liability.
Several weeks ago the Council referred the matter of a
dispute between Mr. Mat t h e w M. Summers of 3140 S. Delaware
Street, Englewood, Colorado and Allied Roofing Company of
2182 S. Fox Street, Denver, Colorado, to me for an opinion
relative to the City's liability for inspection under the
Uniform Building Code.
I will not recite the stateme nt of facts inasmuch as I
have attached to this Me morandum an additional me morandum
under date of December 30, 1977 from Gary Pittman, Chief
Building Inspector to Rich Wanush, Director af Co mmunity
De velopment, which essentially sets out the factual information
given to this office regarding the matter. In addition, I
h a ve attached a copy of the letter from Mr. Summers to
Allie d Roofing Company under date of November 8, 1977 together
wi th Building Permits issued on November 15, 1976 and January 21,
1977.
Apparently the question presented is, under Colorado law
is either the City of Englewood or its Employee liable to
Mr. Summers for any wrongful act on the part of its inspector
in making the roof inspection and approving the same as
meeting the minimum requirements under the 1976 _Uniform
Building Code.
It is the conclusion of this office in reviewing the ~t'
a pplicable law dealing with municipal liability contained in ·;,11 f
57 Am Jur 2d S85, McQuillin on Municipal Corporations S24. 501.'" . t; /
et seq., as well as the Colorado Governmental Immunity Act of .£·JI '
1971 C.R.S. 1973, 24-10-106~ ~'nd-no-basis upon which
eithe r Mr. Summers, Allied Roofing Company or any third person
would be entitled to damage s from either the City of Englewood
or i ts e mployee in any amount whatsoever.
BVB/pa
Enc.
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c c : Andy Mccown, C i ty Manager
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TO:
FROM :
SUBJECT:
DATE:
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Rich Wanush, Director of Conununity De v e lopment
Gary Pittman)J{;7hief Building Inspe ctor
M. M. Sununers, 3140 South Delaware
December 30, 1977
On 11/15/76 and 1/21/77 Allied Roofing obtained Building p e rmits
for 3140 South Delaware for the purpose of r e pairing parts of the
existing roof.
On 3/3/77, Inspector Macrander inspected and approved the roof
repairs.
In approximately August of 1977, Mr and Mrs. Summers called me
regarding their roof. They stated that Allied Roofing had patched
their roof and that it continued to leak and that Allied should
guarantee their work. I informed the Sununers that the roof repair
had been inspected by this office and that the patch was done in
accordance with the applicable codes. I also informed the Sununers
I
that any dispute regarding performance of the work or guarantee is
a civil matter and that all that the Building Department could
require was that the work described on the permit was completed
according to the building code.
I talked with the representative for Allied Roofing, Mr. D. M.
Mullen. At the time of the initial bid, he informed them of their
need for a new roof. Mr. Sununers informed him that he did not
want a new roof. The representative informed Mr. Sununers that his
company would try to repair the problem and that they would not
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M'. M. Summe rs, 3140 S o u t h De l a ware -p a ge 2
guarantee the repair or patch.
Attached is a letter Mr. Mullen received from the Sununers
addressed to Allied Roofing which indicated the Sununers are aware
that there was no guarantee for the repairs.
After discussing the roof repair with Inspector Macrander and
the Allied Roofing ~epresentative, I felt Allied Roofing had con-
formed to all code and ordinance requirements and did not p e rceed
with any further action.
On 12/30/77 I went to the Sununers home and talked to Mr. Sununers,
again I gave him my position on the matter and also inspected the
roof myself.
Allied Roofing had recovered parts of the roof with new roofing
paper, then completely resealed the south 1/2 of the roof and its
flashing with a new cbat of tar. I could find no code violations or
any poor workmanship concerning the patch. The existing roof is
old and needs to be replaced.
The flashing on the north 1/2 has holes and tears in it. Some-
one else had been on the roof and tried to repair parts of the roof
with a tub of rubber glue.
The Summers dwelling has a built·· up roof and is by far the
hardest type of roof to repair. It is virtually impossible to repair
t h i s ty pe ot roof for the following reasons:
1. Very seldon do you find the leak because
in most cases it is not visable.
2 . You can start other leaks by just walking
on this type of roofing particularly
when it is old and brittle •
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M. M. Summers, 3140 South Delaware -page 3
3. The built ·: up roof is made up of three
elements which are tar, 90f felt paper,
flashing(metal or 30f felt paper).
This composition of elements in its
self causes potential leaks as the roof
gets older.
These are problems which befall only built up roofs.
I do not believe that Allied Roofing has any further obligation
to Mr. and Mrs. Summers.
GP:mcc
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Cit)' of Ennlcl'.'ood, Colorado
M 1sceil a n ~ous Permit
ADDRESS i -· ' I OF JOB ' t / 0 ,,· I ( _.,...,,_.-....
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. ,') / 1 MISC. _
!, '··-·-PERMIT NO -·" ·· .!: ..,,._,--;·,··~:.-J ••
.<.!./i L' . -
When !oi gne d and va lidated by Bui ldin g Department thl1 permit euthorl tes the work described below.
/
CLASS OF WORK: NewQ AdditionQ Replace O AlterationQ Repair EJ MoveQ WreckO
OWNER c:=.L,,,. r./ 0 ~,,_, i / 7.P/-5"6/'2. Name -.;,,-1.-,'/ /d~ ..vl/1~:7 Address Phone
CONTRACTOR
/,( /.;~ (~_,,,/, ~ ~/)
license_~ -
Name (as licensed) Number •. ~.,..{ ,.,,
5 I ,f'?--,4, pr I/ . ,\!)~ 1/c~P~
Zip ' V J
Address ,-o · x City Code...'? OZ 2-j'Phone 7 2 2 -(J 6 ,
USE OF BUILDING
Cor. lot O Int. loto Height _. ___ Ft. Type
FENCES I e FENCES
Sho w Loc alion SUBJECT PROPERTY Show Location
of Adjo ining of Adjoining
Dwelling Dwelling
I "
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~ Ii r P,op. Prep. I LIM' line
I l
REMARKS ':M{)Uf A~.rJ l: YI~ l lM P-t: r. tu• 1:
\J II U rl~I I 1-1\lvllUU I a.1•v•
·, r/· ,. ·: .. :··:...., , . :'.; __ .. , ...... ,....-;' . .:; ; ,. -•... _: ' .L. • ··'(-A ,, : . .,,...... ........ ·._ -. // I : ·. ,/ ,"l , t ..-.l,.,'1/1, I'~-'?/,-... ~ , .. . .. , -. ., .,"(,t ,... •
;/ (I ,.
NOTES TO APPLI CANT :
For ln1pe ctlona or informa tion call 791 -1140. Ext .llS
Permit e xp l re1120day1 fro m d•te l s1ued u n less work i s 1t1rted.
For all work done under this permit the permi ttee accepts full responsibility
lor comp li ance w ol ~ the Englewood build ing code and all other appl icable Englewood
ordlnancea.
( {:" SIGNATURE OF
APPLICANT: ,'/ l l
Code Enforcement Division
3400 So . Elati Street
Englewood, Colo. 80110
CE 4 ·5 ·73 -3000 .
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C. -Q '/ . ,, !. / / f'ei.....__,
·/, .•i,. ~ ;
0
THIS FORM IS A PERM IT ONLY
WHEN VALIDATED HERE -+-
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Occupancy
Group Div.
Type I Fi,. Constr. Zone
Item Description of Wort<
FENCE-See plot plan
and detail sketch
RETAINING See plol plan
WALL-· and detail sketch
ROOFING-' For materials
see remarks
SIDING-For materi als
see remarks
OTHER-
CITY SALES AND USE TAX
Estimated Value t//(··-:.-::
X 50% .. ,..,
1 3% of above : Payment in Deposit for
/ / (
Use Tu S '· / · / (To be remitted
with permit)
II . Payment of Use Tax d irectly to the City
under Englewood Retail Sales Tax
License No.
/\/ALUATION
OF WORK$ L\ 0 . ~---;:·.
Permit Fee 1 -~.Q--
Use Tax S .to
Deposit
TOTAL FEES sd1 1..0
Code Enlor~.Division &" 11,,
Approval _ Date -
1
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Cit~ of En~le\·1ood, Colorado
Miscellan e ous Permit
ADDRESS ~, . , I
OF JOB ~/' () _, ' ·. ' :-.1. "',I. ,{ . ' 1.... , /,.
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,.. I MISC. ' PERMIT NO. ~--:'/_ ~·> . ' /·' / .. -,.,, _ _.,~-~-· · .. // • I
When signed ar.d validated by Ru il d ing Dopertrnent tt-i l, permit •t•!horizes the work d esc ribed below.
CLASS OF WORK : NewO AdditionQ Replace O AlterationQ Repair B/'·~ove O WreckO
OWNER ~· ' ·-Name ,., 9 · , Address£ ,,.,,.._.,_ Phone --· > J,t _ _, / q.. . . J!.,,( ./.) . 4 -(.h'l,,V,,,,J_J.,.,,<J .l: .A --
CONTRACTOR ~/'/~~-~ ()n
License · ·
Name (as licensed) NumberC-/9".< 0-7.
9-I ?f'?,.:,,,-_4-u.T~r~t Zip ·
Address Code fJ r, ,2 .. --;} '3 Phone /-;2. Z..-r.) 6 '1
USE OF BUILDING
Cor. Lot O Int. LotQ He ight ____ Ft . Type Occupancy
Group Div. -
FENCES r, FENCES Type I Fire Show locafton SUBJECT PROPERTY Show locat ion
ol Ad joi ning 8 ol Adjoining Conslr. Zone
Dwelling Dwelling
"
llem Description ol Wort<
I
FENCE-See plot plan
and deta il s ket,
RETAINING See plot plan
I Y.,ALL-and detail skelc
' VROOFING-For mat erials
I see remarks
I For materials
I
I,
SIDING-see remarks
f OTHER-
r Prop . '. Prep. CITY SALES AND USE TAX I l inf' line f I l t?.<' I '/·/ /-... -~·
Estimated Value ~-' ,'F •o ·-· -,.. ,-,;-__1 __
X 50% I • 7
-1 3% ol above · _Payment in Deposit for
..
'I
REMARKS ~ tt n-W-Pi ~r., ~um~r~ f. t:".M r J: Use Tax S · .' · ·-._ ·. · ·-(To be rem i tt e
.uUU 1 f I -•~w ..
.. -. '
' •; .• r', .. /
-' -,·· ...
' -· l·' .·' ' . ; .. -· t .,·.
NOTES TO APPLICANT :
F,.>r lnspecHon, or informal ion call 761 ·1140, Eat.375
Permit expi re112oday1 from date issued unless work is started.
For all work done under thit permit th6 perm it u,e accepts full r•sponsibility
for complian ce wilh the Englewoo<I buil<llng cod• and ell other applicable Englewood
ordinance&.
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SIGNATURE OF ( _;,,-I APPLICANT :
Code Enforcement Division
3400 So. Elati Street
Englewood, Colo. 80110
CE 4 ·5 ·73 -3000
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(. -C'· ,,,.,%':,. ·.J-: .,_/,·
.:.· ,.,., .,{.(_.,1~ .. /?,(.,._/
0
THIS FORM IS A PERMIT ONLY
WHEN VALIDATED HERE ~
with permit)
II . Payment ol Use Tax directly to the C i
f under Englewood Reta il Sales Tax
/
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, -License No. ' ,· , ... -:. . .J
VALUATION I ,r;-(; ,· ..
OF WORKS
Permit Fee ,=: ~..:. .. _
Use Tax S ~' .. ~~--
Deposit .,., / . ~z ~
TOTAL FEES S
Code Enforcement Division
{i '1 , .-'! A1 Approval,.r-' r 'f' Date//, ,C;.:,
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M E M O R A N D U M
TO :
FROM :
Andy McCown, City Manager
Wi l l iam D. James, Director of Financet4-1
DAT E: February 2, 1978
SUBJECT: Status Report on PIF balance -Miller Building
Renovation
I have reviewed in detail the fund balance to be available at year end
1 977. The estimated figures used are unaudited. We anticipated having a
f und balance figure of approximately $35,000 which was related to Council i n a study session,
The fund balance of $35,000 was generated in part from additional
Use Tax in the amount of $59,000. However, you will recall in a previ ous
memo that we indicated a loss of $20,000 from the Amusement Tax as
a result of changing the ordinance to apply the 3% to only theate rs and
o ther entertainment which requires an admission fee instead of all amus e -
ments. Also, we had budgeted $79 ,000 to be received from the ECB F
and received only $75 ,000, The loan to the Housing Authority in the
amount of $35,000 also has an effect on the fund balance if it is not
paid back to the City.
It is my understanding that the Housing Authority has only raised $8,500
to repay this loan. Assuming that the City receives only $8,500 from
the Housing Authority, the estimated fund balance for year end 1977
i n the PIF would be approximately $20,000. At the study session,
t he Counci l indicated they were desirous of designating the 1977 fund
ba lanc e to the Miller Building which can be incorporated into the next
Six Quart e r Budget,
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ESTIMATED FUND BALANCE PIF
Add i tiona l Estimated Funds in PIF
$59,000 Use Tax
11,500 Interest
~70,500
Loss of Revenues in PIF
(20,00 0) From Amusement Tax
( 4 ,000) From ECBF
{?6 ,500~ From HA Loan
(5 0 ,500
$20,000 Fund Balance
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Andy Mccown, City Manager
PIIOM, Kells Waggoner
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PWlCMUMNIM
SUIJICT1 CONCRETE SIDEWALK AND CURB REPAIRS
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February 2, 1978
Attached is a memo from Gary Diede, Director of Engineering Services,
requesting authorization for him to send notices to repair sidewalk
and curb at several locations in the City. The total estimated cost
for owner obligations is $14,720, and the City's estimated obligation is $2,555.
I f we send the notices to repair, we would need to come back to Council
after the 30-day period to have monies appropriated in order to pay
for the repairs to those properties which did not comply.
Hopefully, we will be able to work with the City Attorney's office to
obtain a better procedure for repairing dangerous sidewalk, curb,and
gutter as these hazards appear in future years.
/,~ kS)
~l~aggoner, P.~o----
Director of Engineering Services
KW/lo
Attach .
cs: Gary Diede
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B. v. Berardini, City Attorney, w/copies
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INTEl~FFICI
MlMOIAHDUM
Kells Waggoner, Director of Publ ic Works DATIi February 1, 1978
Gary Diede, Director of Engineering Services
CONCRETE SIDEWALK ANO CURB REPAIRS
The City's concrete repair policy has received a lot of attention
lately and is of concern to all of us. In the past, whenever deteriorated
concrete was discovered or reported to us, we would send a letter
(copy #1 attached) to the property owner informing him of the problem
and his financial responsibility therefor. If he did not repair the
concrete within 30 days, we added that location to a list and put it
in our next sidewalk district, which may have been scheduled earlier,
but not constructed for several years. Here is where the problem
comes in, and is expressed to us in a letter written by the City's
insurance company's underwriter (copy 12 attached). In the last three
years, the City has received four lawsuit• involving sidewalk/curb
accidents, which our insurance company is called upon to settle.
In all of these cases, the concrete is still in need of repair.
As you will recall, the staff had a meeting on this situation on
January 10, 1978 . The City Attorney's office has informed me"'verbally
that there are certain procedures, according to State statutes and
existing City ordinances, that mus~ be followed: *(copy #3 attached)
1. We must go to City Council to send the 30-day repai r notice .
2. We must go to City Council to request that the City have the
repairs made and to get permission to charge the property
owners who did not respond to the 30-day notices .
3. We must go to City Council for a public hearing on the pro-
perty assessments.
It might be no ted that our present ordinance allows us to place a tax
lien on the property for the cost of repairs, in wh i c h case the ow ner
must pay the full amount within one year or h is property will be sold
to satisfy the lien . We have not been doing this, we have been putting
the repairs in a sidewalk d istrict, which ia time-consuming, but allows
the property owner to repay t he City over five or ten years .
I feel there are three things we s hould do :
l. Provide immediate repairs (within 90 days) either by a con-
struction contractor, with bids received on a yearly baais,
or hire additional full-time personnel to make these repair•
to hazardous concrete.
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Xells Waggoner, Director
of Public Work•
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February 1, 1978
2. Streamline our procedures to reduce the time between noti-
fication and asaessment.
3. Establish a fund to pay for repairs until the property
owner repays the City.
My ,recommendation at this point i• that we submit the following list
of concrete repair locations to the City Council for authorization
for me to send the 30-day repair notice, and secondly, that the staff
prepare procedure or ordinance change reconunendations for City Council's
consideration to be used for those who do not repair their concrete:
Location/Owner Approx. Repair Description .
3079 S. Ogden 37.5 L.F. VC&G, 37.5'x 4' S.W.
Alford, Kathleen F.
3 West Hampden chase section, 3' x 7' s. W.
Mills, Edgar N. & Ella Mae
504 East Hampden 15' x 5' s.w.
Page Associates
501 West Hampden 10' x 5' s.w.
Republic National B~nk
3037 West Grand Ave. 20 L.F. c.w. I
Codner, Don R. ~ ·Betty R.
3165 West Morunouth 10 L.F. c.w. I
Stasiak, Richard J. & Mary L.
3185 West Monmouth 10 L.F. C.W. I
Sidman, Joseph R. & Nadine H.
3311 South Broadway
Lewan, Paul
3330 South Broadway
U.S. Post Office
334 6 South Broadway
Roberts, James M. & Mary
10' X 6' S.W.
10 L.F.VC&G
20 L.F. VC&G
3356 South Broadway 10 L.F, VC&G
Maxwell, John C. & Gwenn J,
3366 South Broadway 7 L,F, VC&G
Miller, Sherman H. & Dorothy
3370 South Broadway 3 L.F, VC&G
Johnson, Clifford J . & Co.
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Estimated Co._!!
$1,320
$ 645
$ 400
$ 275
'$ 400
$ 200
$ 200
$ 320
$ 140
$ 280
$ 140
$ 100
$ so
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Kells Waggoner, Director
of Public Works
-3-February l, 1978
Location/Owner Approx. Repair Description
3378 South Broadway 10 L.P. vc,G
Johnson, Clifford J. , Co.
3384 South Broadway 20 L.P. vc,G
Englewood Aerie #3241
3392 South Broadway 7.5' x 14' s.w.
Quiat, Ira L., Dec'd.
3400 South Broadway 10 L.P. VC&G
Cowperthwaite, Arthur T.
3422 South Broadway 20 L.P. VC&G
Rotstein, Shepherd
3430 South Broadway 6 1 x 15 1 s.w.
First National Banlt, Exec.
3446 South Broadway 10 L.P. vc,G
Sachter, Litman I. & Esther M,
3454 South Broadway
Gutahia, Alex 10 L.F. vc,G, 5' x 6' s.w., 17 L.F.
Sawi_ng
12' x 2' S.W., 12 L.F. Sawing . '·
·,
3490 South Broadway
Andert, Philip G. , .. ,.,
3494-96 South Broadway
The Crysler Co.
3498 South Broadway
The Crysler Co.
4651 South Broadway
Hill, Gladys M.
4677 South Broadway
Arapahoe Datsun, Inc.
40 1 X 2' S.W., 40 L.F. Sawing
27' x 2' s.w., 27 L.P. Sawing
10' X 5' S.W.
17' X 5' S.W.
3411 s. Cherokee (on Girard) 60' x 5' S.W.
Ludwig, Ray c., Beulah
200 West Girard
First National Banlt
100' X 5 1 S .W.
180 Weat Girard 50' x 6' s.w.
Englewood Chamber of Comnerca
. ... J_:·
Estimated Cost
$ 140
$ 280
$ 550
$ 140
$ 280
$ 475
$ 140
$ 410
$ 205
$ 680
$ 460
$ 265
$ 450
$1,575
$2,625
$J.,575
Total Esti.Jllated Costs----------------------------------------------$14,720
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Ke lls Wag goner, Director
o f Publ ic Works
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Location
SECTION B (City Concrete)
Approx. Repair Description
Bates, Bates Pkwy.
SW Cor. Bates,
Corona
City Hall (N. door)
NE Cor. Hampden Pl.
, Elati
Parking Lot SE Cor.
Bannock, Girard
30' x 6' Crosapan
15 L.F . C .W. I
3' X 4' S.W .
10 L.F. vc,G
30' X 5' S.W.
February 1, 1 978
Estimat ed Cost
$1,260
300
65
140
790
Total Estimated Costs-----------------------------$2,555
A-..-~4'i
, ~~~: of Engineering Servi ces
• GRD/ldo
Atta c h s .: 3
GI City Attorney'• Offiee -Attn. a. DeWitt, Aaa't. City Attor.y
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M E M O R A N D U M
TO: Andy Mccown, City Manager
FROM: LJ Kells Waggoner, Director of Public Worka ~/''
William D. James, Director of Finance .~
February 2, 1978 DATE:
SUBJECT: Permission to negotiate the purchase of a FMC Model 12
Street Sweeper
Departments of Public Works and Finance have been evaluating the pur-
chase of a street sweeper that would most benefit the City in opera-
tion, We have reached a decision on which sweeper we feel would
perform the best at the least possible cost to the City,
Paul Ferguson, Servicenter Superintendent; Wayne Oakley, Street Super-
intendent; and Harry Taylor, Purchasing Agent have investigated the
operations of various sweepers. Paul Ferguson and Wayne Oakley have
been to the 1DSnufacturing plant to see the tests of components and
features that are offered.
We have reached the decision that the FMC Hodel 12 Sweeper or sweepers
of comparable design would best benefit the City in its street sweep-
ing program. However, at the present time the FMC Hodel 12 sweeper
has features that are not available on other sweepers (see attached
reports). To write specifications around one ,weeper presents no
advantage to the City in that only one company (FMC) could meet
the specifications. The FMC Model 12 sweeper is also not available
to be purchased under the State Purchase Contracts, It should also
be noted that a 7% price increase is anticipated within the next two weeks.
Therefore, we are requesting permission to negotiate the purchase
of a FMC Model 12 street sweeper, We have a budget figure of $48,000
but are anticipating a maximum cost of $44,500, In order for us to
negotiate the purchase, it requires a motion by Council for the City
Manager to be authorized to negotiate the purchase.
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attachments
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Kells Waggoner
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INftM)fflCI
•11t110UNDUM
February 2, 19 78
PllOMa Wayne Oakley, Paul Ferguson
IU&IICT1 FMC -Model 12 Sweeper
STREET DEPARTMENT:
The FMC model 12 street sweeper is a new concept in street cleaning equipment, It has many
innovative features that have never been used on a 4-wheel sweeper before, such as single
engine power, front wheel drive, rear dumping hopper, and fu ll hydraulic drive .
In a memo dated December 12, 1977, I listed nine features I feel the model 12 have over its
competitors . I will again list these advantages, plus one more and elaborate a little on
each.
1. Single engine : Less maintenance, positioned up front, away from dust.
2. Full hydraulic operation : No chains in sprockets. (Chains in sprockets that run
in dirt continually wear out very quickly .)
3. Variable speed brooms: Less wear on brooms, plus better pick up abilities.
4. Five-yard hopper: Less time spent driving to and from dump sites, allowing more
sweeping time.
5. Eleven feet, two inch sweeping width: More street surface coverage.
6. Rear dumping hopper : Allows more sweepings to be dumped in a smaller area. Can
also dump over a bank like a dump truck.
7. Three hundred gallon water tank: Less time spent to refill with water, cleaner
sweeping path.
8. Three hundred sixty degree visibility for greater safety. The model 12 has 3,800
sq. in. of glass through which the operator has a very good view of traffic, both
front and rear .
9. Sealed, pressurized cab: Operator confort, minimizes possible damage to operator's
ears and lungs.
10. Front wheel drive: This affords better weight distribution and allows the pick up
bro om to be placed between the rear wheels. This will allow the broom to move down
into low spots such as cross pans at the same time as the rear wheels, thus
elim inating skipping of dirt.
I have ta l ked with other super intendents who are now using the model 12 sweeper, and was
told they do a much better job of sweep i ng than any sweeper s they have had .
WO:js
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SERVI CENTER :
Kells Waggoner
February 2, 1978
Page 2
l. Single engine versus dual engine: Less maintenance expenses on oil and air
filters, tune up, fuel coolant due to only one engine to maintain instead of
two. One transmission to maintain.
2. Hydraulics versus chains and gears: Less maintenance on bearings, gears, chains,
adjustments -none to maintain.
3. Electrical system: Fewer switches, gauges and componants to service and less
break downs.
4. Parts inventory will be lower due to less parts required.
5. Down time will be less due to fewer parts to malfunction or replace.
6. Ease of access to all components of unit means less hours to repair and maintain.
7. Longer life of unit due to variable hydraulics.
We talked to the Street Superintendent at Colorado Springs. They have one in operation
and is in the process of buying two additional Wayne Model 12. Their general opinion is
the Wayne Model 12 will perfonn as expected.
(----~~f~
Paul E. Ferguson
ServiCenter Superintendent
PEF:js
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M E M O R A N D U M
TO: William D, James, Director of Finance
FROM: Harry N. Taylor -Purchasing Agent
DATE: February 2, 1978
SUBJECT: Street Sweeper Purchase
The Capital Equipment Replacement Fund in 1978 allows for the purchase
of a street sweeper for the Street Division, Department of Public Works,
This year we request approval to negotiate the purchase of a Wayne
Model 12 Sweeper in order to realize the long ter111 benefits the equip-
ment will provide. Presently, the Wayne Model 12 Sweeper is unique
in the field of street sweepers in that it utilizes a single engine
vs. dual engine; hydraulic powered broom system vs. roller chains,
sprockets, belts or pulley systems, The hydraulic powered broom system
is a new innovation in street sweeping equipment and is proving to
reduce repair and maintenance costs, Further discussion on the equip-
ment's capabilitie1 are shown on attached memos,
The Purchasing Division could solicit bids although only one vendor
could satisfy the bid specifications for the street sweeper requested,
We presently have $48 ,000 budgeted for a street ,weeper, but the
negotiated purchase price 1hould be around $44,500.00,
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attachments
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M E M O R A N D U M
TO: Andy McCown, Cit y Manager
FROM: E. P. Romans, Director of Parks and Recr ea tion
DATE: January 30, 1978
SUBJECT: Centennial Park Development
l . Centennial Park Construction
Centennial Park was one of the parks that was constructed to replace the old
City Park which was sold to make way for Cinderella City Shopping tenter.
In 1969, 5.72 acres was acquired from George Adams with assistance of HUD
funds, and 7.06 acres was acquired from Public Service. At the same time,
an agreement was made with the County Comm is sion to transfer ownership of
the adjacent gravel area (approximately 30 acres) to Centennial Park when
the County excavated all the gravel. Since the north shore had been excav-
ated at this time, permission was given to the City of Englewood to use a
triangle tract (approximately l acre) of lake and lake shore, located In the
northwest corner of the lake, for recreational purposes.
At this time, the City insurance carrier, handled by Mr. Russell Wood, was
notified that this triangular tract of land and water belonging to the County
will be used by the City for recreational purposes. A check Is being made
now to be sure this area is still under our City's liability coverage .
2. Present Plans ,for Development
Centennial Park Development Phase II will Include the development of the
north and west sides of the lake. See attached estimated costs for this
Phase I I, which comes to a total of $188,000. Much of this cost will be
grading and providing for a retaining wall along the shores. See attached map.
Centennial Park Development Phase II I will Include the development of the
east and south sides of the lake. This development cannot be started
until the County depletes their supply of gravel . The County Engineer
estimates this time to be about 3 to 5 years. The cost of this Phase I II
will be more than Phase I I development due to the fact that the south
shore will include an area of about 1.5 acres to be developed In a picnic
area. A rough estimate for development costs for Phase I I I would be $196,000.
Centennial Park Acquisition Phase IV would Include the acquisition of some
14 acres which lie between Centennial Park and the South Platte River. This
would connect CentennJal Park with the proposed future South Platte River
Trail and insure open space in this area. Peter Kiewit, owner of most of
this property, plans to construct a field offi'ce and heavy equipment
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service center in this area, Appraisals made on Apri I 29, 1976, by
William Van Court M.A. I. appraised this property at $173,250.
E. P. Romans, Director
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,t U, t.i,T f u l ·,L','ll '~P ;t-..~T. ,•;,J:,1liU1,,tE
. / ill lS ,\:;: l• 1.1 ,T , d .,l •·.J t h is 7 ~ /'._ day of . ;,c.· ?, . , 1}69 ,
by .. ,d ,c t , .• e n llie CITY CF E:,·1 i'.,100 0 , COL v R·,~o ·, ·a ::u ,i ci ?Jl Co r ro ra-
li <:1 (l,-r c 1naf,.,.-,n ,-d1, .,~ ca l l a d "Ci t /') an d t l,c 1·,1:,RO OF COUl ,TY
l.l1 ,, I <;;;~,JO .. :::k s u F i\i~:.11;,;: ,F. L0l' .. TY I CCJ.O~i,00 (:11.?r~"'!i rlJ ft c r ~or·~t1 1·.cs
ca ll ~d "C oun ty "):
1:1 i 1,cS StT11:
:·::r r.E/,S , Coun t y Is tl,c 0 .. 11 ,r en d i n 1,os,cs ·,l on of t l,e fo l l o, in9
,: .. ~r.ri l· ... d j,1"(1~1..c rty (li ·~r ..:1nu f tcr so : .. t:t i ;.~s ca ll ed 'S1/1 j..:oc t Pr c-n t scs ")
l y i ng , s it s at~ an d bein g in t he Cosnty o f Ar a p,hoe an d St a te of
Col orad o, to-wit:
and .
oe,i nrdng at a poi nt on t ',c l'c rt h li ne o f t l,c Sou th
On e -lial f of t he No r t hea s t Qua rt e r o f Sec tion 8,
To .. ns hip 5 Sou th, Ran ge 68 Wes t o f t ~e 6th Principal
r:e rl dla n in ,;ra ra hoe Cou11ty, Co lorado, 988 .77 f ee t
Ea st of t he Nor thwes t ccrnc r of s aid Sou th On e -h alf,
,the nce S S!..0 58 ' 30" E 3~1.39 fee t , t hc,1 ce S oo o 23'
1-~s · w 2 7~.llO fe e t , t '1en ce S 110 30 ' 12 " E 63 1 .22
fee t, t he nc e S J OO 23' t,$" W GB 8 . 78 f crt to a poin t
160 f ee t ~orth of t he SE co r ne r o f t he SW 1/4 of the
SE 1/4 of t he II E 1/4 o f s aid Se c tion 8 , t hen ce N 89 0
51' 20" 1, 102 1.8 7 f ee t, t hen ce N 190 30 ' 15 " II 3 32.53
f e e t, t t,e nce II 40 ° 0 1 ' 15" E 492 .0 9 f ee t t o t ile point
of beg i nn i n g .
1/II CREAS , C1ty desir e s and anticipates the construction of a
l"·un ic l pal park ,11th at t endan t faci l lties and lr prove i,c nt s upon and
in c onn ecti on wit h t he Su ~Ject Pre wf se s, and In t h at re gard des ires
to ac q uire tit l e t o t he Su b ject Pr c Mlses U?O n an d in accordance
with t he t e r n s an d co ndi tio ns harei na ft e r se t for t h; an d ,
IIHE R[AS , Cou nty bel i e ve s t he c on stru c tion an d I ns tallation
of a rn un l tl ?a l par k u pon t he Su b j ec t Pr e n is c s, and th e use o f t he
Sul>J c ct Pre 1,1l s es f o r pa r k pu r poses 1,ill be bene fic i al t o t he
r e sid e nts and i nha~it an ts of Ara~aho e Co un ty, and wil l be In the
County's bes t I nterests; an d ,
IWEREAS , Cou nty is pre sen tly using t he Su bjec t Pre r:i l sc s fo r
sand an d gr a ve l excavation , and de si r es to co ntinue said use o f
t he p r er.i is e s unti 1 t he sand and 9rav e l r esou r ces t he reon are de-
pl e t ed, whic h dep l e t i on Co un ty an ti cf pa tes ~111 occur on or ~e f ore
t e n years fro m t he date he r e o f ; and,
~HER EhS , Coun t y tcsl r e s to con vey title to t he Su~jec t Pre-
-l s c s t o City and ~~si r e s t n ,t City us e eo rt f on s of t he Su~jec t
?r c 1.ises f or par l r ur ,oses , r cn ~in g corp l ~t ion of san d and gr ave l
c a cerations by Coun t y , UfJn and in accor dance with t he t e r ns and
co nd iti ons here i n afte r s e t fortn,
~OW, T~ERE FORE, i n conside rat ion of t he pr e n l se s, t he nu tual
cov cn ,n t s he r e i n co ntain ed, and ot he r good an d val ueo le conside r•·
tlon, it i s a g r ee d ~etween t he part i es he r eto as fol l ows :
1. Fro m the da t e he r eo f, City s~a11 hav e t he ri gh t he r eunde r
to e :ploy and use t hat ~arc e l of l and de si gn at ed on t he p lat
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.t ·c',cd !.,:,t o .-s r ,ir 1 ;," f o r 'H:i f ci ro l ;• rk .:,i d r ecre,H f on
,,.,,,rs , 1111.l ,·,'i :;9 ;f ,:1 '.11J t1,tJ l cc -ik at l a g, l l t y Sl!i,ll ap p ro-
' r l .-.t.,ly 1::1·1: .-,.d ;,t i.o r, Le dell 11.,,t e t he :.01:n:/.:1·f c s o f safd
,o r r.,l ''A·' to i.i,c ,,ri d ,•,d t the ru:i1 l e ~s c of su f d are a for par k
"·" r ,c r ~.:l l c:;a l r, •! c s e s . I 11 ,o t f 1,t ~rfere 1:l th tl,c ope ration
of (c1·r,ty in CHovat f n g •·.11 d i<r,d c l'a vc l fr om l ~.:, Subje ct Pr cn l s e s
u d City sh ,1 11 1·cdc r:.a 1.c ,11 ,·.:., rn a ~l e r ?·a s to obvfn t c ~ny suc h f 11 :.,.:, ;,:r. :ice.
2 , It Is .c,r,tc ,ol .t c d ~l' t:,c pur-l f c s 11:rc,o t n at as po rtions o r a r ,:a , o f th e SJ,'>j er.t ~r :,,l '.c s ,ire dep l ct a d of t hei r sand an d
:r"v,,l r ,)s n ,·c .,s t!1 r cu,h Co,·,,t y 's e ,:cavHfo n , s ,ch area s ra y be
uli l iza d ~Y City fo r pa r k <nd r e cre atio n a l rur.ose s , In t ~fs
,·,~,r d, It I s t l.e 11,t t n tl on of Cou nty to f i n t eac J vat e a l ong
t '..:, ,.,.,t ,.,-J y ·o 1 ,J .,ry of l h e Sub j e c t rr c 1f s~s, 3n d pro c e ed In
a,c:r at l c u In a n ~as t c r ly d ire cti on to t he en d t ha t Ci t y wil l
be a~l e to utflf le t he 1cs t c rly p or tf o ns o f t:c Su~J e ct Pre mise s
for pa rk and r e c r ~oll on purpo ses a t an ea rly da te. Acco r d ingl y,
It I s ,,,:ce :d t t,,,t City an d Coun t y sh all fl-0 11 ti , e to ti r e and as
s uch aoJ ftfo na l a reas ar c dep l eted of SJnd an d g r a ve l res ou rces,
r..cc t t !,r ou gh t l,e lr r ~spc ctlve off ltl J ls "nd co n f e r on such areas
to b e d:velo pc d fo r park and r e c r e a t ion al pur po e s he r eunde r,
on d any such a dd itio na l devc l op ne nt by City will be In accorda nce 1:f th t he follo a l ~g c ond ition s :
j;r
a, Any such Hca s sh a ll be s o d"ve lo pe d a s not to
perr..lt any use t he r e o f hh fch >:Ill In t erfe r e with t he Co un ty's
exca vati on f o r sand and gra vel on t he r e11 afnf ng po rti on s of t h e Su~j e ct Pr e wfses:
b, City s h a ll a pp rop ri a t e l y n ark fn d de si gn ate t he
bounda r ie s of s uch a re a s to t he e nd t hat any p ote n tial I n ter-
fe r e nce 11 1t h Coun ty 's O?C ratl on s on t he r e ir alnlng porti ons of t h e Sub j e ct Prc Efses will be obviated,
c, City sh all adv ise Coun ty of the ty pe a nd "'"t h od of 1r.p rov a,·en t cente r.p l ate d on such additional ar e as, wit hin 1
r e asona~l e tf "'e prio r to ac t ua l l np rove ~en t o f s uch are as , to
t h e end t h at any po t en tial Interference wit h County sand 1nd grave l e xcavations 11 111 be o b viated .
d, Such ar.:ia s s hall be a pp ro p ri a t el y des i gn ated upon
t he p l a t at t ach e d he r e to a n d f n l t;a l e d by t he r espe ctive partie s
t h rou gh thalr ap p ro ?rlate officials as additi on al areas f o r use
by City for park and r ec r cat l cna l pu r poses he reunder,
· 3, County s hall i,.ake all r eason ab l e efforts to avoid fnter-
f e r er,ce wit h t lie City's use of arcel "A" and add itiona l designated
ar eas of t he s u,,J ec t Pre ,:d s e s fo r r e cre atio n al and rar k purp oses;
In the event ft sn ail bc co r e neces sa ry for Coun ty to use any
po rtion of such p,rc e l an d desf rn at ed are as, Coun ty shall fir s t
no tify City of Its int en ti ons In t h is r eg ard to t h e end t r.at City
r.ay tar.e r ea !o na b le ce asu r e s to pr o t ~ct fts r ro pe rtles, facflf. ti c s, and la r,cs ca ?l ng fro n I n ju r y or dar age.
4. All p r or ,rl y , ralt rltls, Plan ts, troes , sod and ot he r
f r ,r o ve ren t s p laced uo,n t e Subj e ct Pre r lses by City shall at
all ti re s r ~·ai n t il e p r o ~e rty o f Cit y, and ff, for any r a ason,
City s h a ll c ea se using t r.! Su t Je ct Pr ~, fse s, City s r.all be
e r,tftl e d to r ~r·,-e tll Such l ·p r n c ·c n ts t he r e f ro m.
5 , City a g r e e s to s ave, li old h ,rra l ess and I nde mnify the
Co un ty o f and fr om an y an d all lo s s •h fch Coun ty mi gh t s ust ain
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;;·i r.1 ;11J o ,,t o f lh e ri:!Jl 1 t .-;1 H.:.:.'.! ,J f Ci~y In us1.,'J ~rid or.r.'J;i y 1n g
r :.r c .::1 .. ,,., r 11 d ~n y ;:C:,11 t ~.-,::~1 :·1~f l'..1 1c.t.Ld c.1·1:t:.s o f t ho 'd,j cc t
r n:? is c s , ,,nd Cc1 d:1ty tl']r..'..: .. '" o "-'•\'P , I.o l d h ~r n 1 e:s s fn d 1r.G:'r,n 1fy
t'1e Ci~y o f .ir.j ir~n ,1 ,y ;.,,d a ll 1•.s s LH y 1.i ght St:s tain by
1·••nn o f t he nc~l i ~r n cc of Cn "n t y in >5 i ng tn d occup ying t he
r .. ;,:in i n g µ0 1·t i c1n s o f t:i e s ~,i,j l\c t P r i .. :1s .?s,
6 . It f ~ un1.kr s t .:-ad i:n d ugrc c d t•ct·. c-c n t 11c r ,1r t 1c s tha t
\':1r n t 11d ,"'5 dt.'d l (_li)c d (0 1· µit 1k ,"'nd r ;:cr ~~tfo:,i.1 1 1 :,r ra ses by Ctty ,
t ~c Su~J c c t Pr cr l ,ts ~h:11 h e av a il a b l e fo r us e f or s uch p urpose s
by all r cs i d•nts an d f n ha~ita nts of ~r a pnh oe Coun ty, Co l o r ad o.
7. r.ou nty ag1 ·,'cs t hat It sh a ll aade r tal·e all r ~,Hu nab h
cff~1·t s t o JVJ f d c~tt f ~g , r ~;t L•t·f n g o r bre ak i ng t he d i ke cx fs tf n g
o n t ',c S ut>j c c.t 1'1· ... , 1~c s. to th e cr1d t '1!t c-s Ur vc l .::ipc d r o r p a rk
a n d rccrc at 1 CJna 1 pu r j'o s i:'s, t lH! Stit.l j c c t P rc n 1 s cs 111 c on t ai n a
pon d o r la t e wh i ch c an be ut ili ze d f or s uc h p ur pose s; Co unty
f"rt her a ~r c c s tha t if at any ti ne (ex ce pt in t ~e ev en t of
e i.o r gcn cy ) It s ha ll •?~c a r t hat s ai d dik e nay or mi gh t be
r u?tu r c d, b ro tc n or c ut, ~r rr us t of ne c ess ity be so b ro Lc n or
cut, Coun ty shall fir s t notify Ci t y to t he end t hat t h r oug h
coope r ~tlon a nd assist a nc e r e a san a b le ~c as ur e s c an be ta ken to
pr.,sa rve the prc r:i 1s e s in suc h r.>a nnc r as will p r ovide for a po nd
or la t e on the pre c ises as ultl nat e ly de ve lo ped by City .
" 8. Ten yeHs fr ~m t he dat e t,ere of, or up on co np l e tion by
Co unty of s a nd and gr a vel e xcav a ti ons u pon the Subj ec t Pr em i se s,
1rh lc hever s h all soon e r occur, Co unty Sh all, by Quit Clai m Dee d,
con vey all Its ri gh t, titl e an d I nt e r e st in and to t he Sub ject
Pr ec i se s to City; said de e d sh all c on tain a clau s e p roviding
t hat ff City s hall at a ny ti ne t herea ft e r cease using the Su b ject
Pr er;i se s for park and r e creational pu rpo s es, t hen, and In t h at
ev ent, title to the Subj e ct Prem is e s s h all revert to County. It
is unde rstood and a g r e ed betwe en the parties that fn the event
County shall not have co mpl e ted its sand and gravel excavations
on t he Sub ject Prer.i i se s at t h o of deliv e ry of the deed, u
aforesa id, t hen, and fn t h at e 1·c nt, this Agrec r,t nt and the
ri gh ts and du ties of t he parties hereunder shall survive de-
live ry of s afd dee d to City, s h all not be dee med to have merged
t here in, an d Cou n ty shall t hereafter be perm1tt1 d to excavate
t he r e na i n fng sa nd and gravel on the Subject Pra m1ses untfl the
sa ~e ha s bee n de pl e ted.
~pon co m~l et ion o f s and and gravel e xcavation s by Co unty, or
de livery of de ed to City, wh ic hever shall occur later, t h is Ag ree-
ce nt s hall be co ne nu ll, vofd and of no e ff e ct, and both parties
he r e to r el e ase d fr om all o b lt ,ati on s hc r e 1,n de r save and exc ep t
su ch ob li ga tio ns arisi ng ou t of or fn conoe ctfon with t he p ro -
vi sions of pa r ag r aphs 5 an d 6 h~r e of ~h lc h sh all be dee ~e d to
su r vi ve dn ll ve r y of t he deed a nd t e r ~i na t io n or sa n d a nd grav e l
ex cava ti on o pe r at ions.
I N W!T h ESS ~H EREOF , t he par t i e s he r ~to have se t thei r han ds
and se als t he day and y ea r fi r st a~ovc s r i t t en.
ATH ST:
eo~AO OF COUU TY COHK I SS I O~ERS
CF h RhP~HO E CO~NTY , COL OR ADO
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rou1nl0 1er'kariii'l<ec or ifer--
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COl,OHAl)O DIVI S!O N OF Pt\HKS AND OUTDOO R Hl :CH J:A ·11 0 N
Exhib it 113 -Dl :S C H!PTION OF DEVl:l ,Ol'M J:NT
Sub.livi s io n o f Gov e rnme nt: City of T:11uk:woocl ,_ Colorado ____ .
P,·o j<.:c t Title:
__ Ce ntennial_Park De ve l ~111e 11t, Pha se ll
Wo r k W ill be clone by cont rac t nnd/or fo1·ce nccount
1:ng in ec ring fees and site pl anni ng:
A. Land s cape archite ct service s
B. E ngineering Se rvice s
Contractural Services:
A. Grading & lake s h o re trail
B. Sprinkler system
C. Retaining wall along lake s hore
D. Beach sand area
E. Seeding & sodding
F. Landscaping & top soil improvement
G. Fishing piers (3 @$10, 000)
H. Fencing along north property line
Direct Costs:
A. Picnic tables (4 @$240)
B. F ire grills ( 4 @SO)
C. Litter barrels & signs
Total
Less Our Share
Federal Assistance reques te d
F s ti111 a te d Cos ts -----------
3,50 0
3,000
40,000
20,000
27,000
13,.000
# 15,000
26,000
30,000
9,000
960
200
600
$188,260
94,130
94,130
Operation, Maintenance and Administrative/Overhead costs are not eligible,
It Is understood that in the event this project is approved, an official billing for
r eimbursement will reflec( only those items listed above which is a description
of our project. Any deviation from this list of items must first be approved by amending the project,
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) t NORTH
C E N TEN NIAL LAKE
,,'<~v-, ..,
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PRESENT GRAVEL EXCUVATIOfl SI:( ·,\I/\\) ~ \o\ \ ' ' \.· \ \ \; -, \ ,1 " ' ' ' \ \ \
)c ' • \ \ \ \ \ \ ... ~ ~\ \ \ \ \ \ \ \ \ \ \ \ ~ \ \ \
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y\ \ \ \ \ \ \ \ \ ' \ \ \ \
CEN TE NN IA L PA RK S 1T E-.2LAN
JA NU A RY , 1978
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M E M O R A N D U M
TO : MAYOR ANO COUNC IL
FROM : LOU IS PARK I NSON, MUN I C I PAL JUDGE
DATE: FEBRUARY 2, 19 78
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S UBJECT: RECOMMENDED CHANGES TO THE MUNICIPAL COURT
ENCLOSED PLEASE FIND A LETTER ADDRESSED TO WILLIAM JAMES, D IRECTOR OF FINANCE,
TOGE T HER WITH THE COURT 1S RECOMME NDAT IO NS AND JUSTIFICATIONS FOR THESE
RECOMMENDATIONS,
IT IS APPARENT THAT COUNCIL AWARENESS AND POSSIBLE COUNCIL ACTION WOULO BE NECESSARY TO FURTHER ACTION,
2~<?~.:
Lo urs PARKINSON
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M E M O R A N O U M
FROM: Lours PARKINSON, MUNICIPAL JUOG[
DATE: FEBRUARY 1, 1978
SUBJECT: RECOMMENDED CHANGES TO THE MUNICIPAL CO URT
ENCLOSED FIND AS WE DISCUSSEDI
1. SUGGESTED CHANGES RELATIN~ TO THE STAFFING ANO FACILITIES OF THE MUNICIPAL
COURT
2. DISCUSSION OF THE RELATIONSHIP OF THE MUNICIPAL COURT TO TH[ OTHER
BRANCHES OF ENGLEWOOD MUNICIPAL GOVERNMENT
NUMBER ONE ABOVE I S SENT WITH THE UNDERSTANDING THAT A RECOMMENDATION CAN BE HADE
FOR COUNCIL AC TI ON AT THEIR EARLIEST CONVENIENCE.
NUMBER TWO ABOVE II SENT WITH THE HOPES .OF RECEIVING YO~EARLY REPLY.
A ,copy OF THIS IS IEING SENT TO THE CtT~ ~TTORN[Y TO INVITE HIS OP I NI ON ON THE
HATTERS SET FORTH AND A COPY IEING SENl ·TO THE CtTY MANAGER.
RESPECTFULLY, ;;;;!~«~
Lours PARKINSON
MUNICIPAL JUDGE
CCI BERNARD BERARDINI, CITY ATTORNEY
~DY MCCOWN~ CITY MANAGER
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RELATIONSHIP OF THE MUNICIPAL COURT TO
OTHER BRANCHES OF MUNICIPAL GOVERNMENT
THE MUNICIPAL COURT WAS EBTAILISHEO IY HOHE RULE CHARTER OF THE CITY OF ENGLEWOOD
TO HEAR ALL CAUSES ARISING UNDER THE CHARTER AND THE ORDINANCES OF THE CITY AND
HAS SUCH OTHER JURISDICTION AS HAY BE OONFERRED IY THE COUNCIL AND THE STATUTES
AND CONSTITUTION OF THIS STATE. 1 As SUCH, IT ACTS INDEPENDENTLY OF AND CD-E~UALLY
WITH THE EXECUTIVE AND LEGISLATIVE BRANCHES OF THE ENGLEWOOD MUNICIPAL GOVERNMENT.2
ACCORDINGLY, THE COURT DEEMS ITSELF RESPONSIBLE FOR THE FDLLOWINOI
MAKE ADE~UATE RECOMMENDATIONS DIRECTLY TO COUNCIL TO ENABLE COUNCIL TO
PROVIDE NECESSARY COURTROOM FACILITIES, SUPPLIES, AND CLERICAL ASSISTANCE'
SUPERVISE AND DIRECT THE OPERATION OF THE COURT 4 AND STAFF SUBJECT TO
THE PROVISIONS OF THE CAREER SERVICE SYSTEM
THE CLEAR WORDS OF THESE CHARTER AND ORDINANCE PROVISIONS DO NOT PERMIT THE
DELEGATION OF THESE RESPONSIBILITIES ~y EITHER THE COURT OR THE CITY COUNCIL.
THE CURRENT PRACTICE, I UNDERSTAND, HAS BEEN TO .HAYE THE DIRECTOR OF FINANCE,
UNDER THE CITY MANAGER, PREPARE AND SUBMIT THE COURT 1 S RECOMMENDED BUDGET, AND ALSO
TO SUPERVISE THE COURT 1 B STAFF. THE CURRENT PRACTICE ALSO ALLOWS THE TRANSFER OF
FUNDS TD OR FROM THE COURT 1S OPERATION .TO OR FROM OTHER DIVISIONS IN THE DEPARTMENT
OF FINANCE WITHOUT THE AUTHORITY OF COUN~IL .RESOLUTION.
'·
THE COURT CAN FINO NO AUTHORITY UNDER ~liHER THE CHARTER OR ORDINANCES OF THE
CI TY FOR THESE PRACTICES AND I NV I TES cp';..-MENT ' 'AS TO WHETHER THESE PRACTICES SHOULD
BE DISCONTINUED OR A CHARTER ~MENOMENT ' RECOMMENDED TO AUTHORIZE THEM.
HOME RULE CHARTER, ARTICLE 68
2 COLORADO MUNICIPAL COURT MANUAL, p 211
' HOME RULE CHARTER, ARTICLE 70
4 ENGLEWOOD MUNICIPAL Coot, 1-6-1
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RECClt+ENOEO CHANGES TO THE MUNICIPAL COURT
THE MUNICIPAL COURT RESPECTFULLY RECOMMENDS THE FOLLOWING PURSUANT TO ITS OBLIGA-
TIONS UNDER ARTICLE 70 OF THE MUNICIPAL CHARTERS
1. THE ADDITION OF TWO FULL TIM£ COURT STAFF PERSONNEL
2. THE ADDITION OF MORE COURT FACILITIES, INCLUDING THE FOLLOWING:
A. ADDITIONAL SPACE IN THE COURT CLERK'S OFFICE TO ACCOMMODATE THE
ADDITIONAL REQUESTED PERSONNEL AND ADDITIONAL FILES AND EQUIPMENT
8. A COURTROOM SEPARATE AND INDEPENDENT OF COUNCIL CHAMBERS AS
PRESENTLY USED
C. A RECLASSIFICATION OF COURT STAFF PERSONNEL TO MORE ADEQUATELY
REFLECT THEIR RESPONSIIILITIES
JUSTIFICATION
1, COIJRJ SJAE[
A, THE INCREASE IN COURT ACTIVITY IS OBVIOUS FROM THE ATTACHED
EXH I I ITU
1. MuN I c f PAL CouRT Acn v, TY REPORT FOR YEAR 1977
11, Mu~~~IPAL CoJRT ACTIVITY REPORT FOR YEAR 1976
Ill. MUNICIPAL COURT ACTIVITY REPORT FOR THE MONTH OF JANUARY 1978
IV, MEMORANDUM OF ERIC JOHANNISSON DATED JANUARY 12, 1978 COMPARING
THE STAFFING OF ENGLEWOOD MUNICIPAL COURT TO THAT OF LITTLETON
V, MEMORANDUM OF JOHN LOWREY DATED JANUARY 13, 1978 CORRELATING
THE GROWTH OF THE COURT 1S BUSINESS TO INCREASE IN NUMBER OF
PATROLMEN
B, DURING THE MONTH OF JANUARY 1978, THE COURT WAS AILE TO FUNCTION AT
THE REQUIRED LEVEL OF ACTIVITY, SOLELY BECAUSE ONE OF THE COURT STAFF
WAS WILLING TO WORK 70 HOURS OF OVERTIME.
C. TH IS COU RT, BE IN G SY ORDINANCE A COURT OF RECORD, HAS INSTIGATED A
POLICY THAT ALL NATTERS REQUIRING COURT ACTION IE DONE IN OPEN COURT.
THIS, OF NECESSITY, REQUIRES A MINIMUM OF ONE PERION BEING AWAY FROM
THE CENTRAL CLERK 1S OFFICE AND AWAY FROM OTHER DUTIES, &UCH AS
ANSWERING PHONES, PROCESSING CASE FILES, AND THE LIKE.
0, THE COURT IS CHARGED IY CHARTER, ORDINANCE, AND DIRECTIVES OF THE
STATE JUDICIAL ADMINISTRATOR WITH PROMULGATING RULES OF COURT
PROCEDURE ANO TRAFFIC BUREAU FINE SCHEDULES. TO FULFILL THIS
RESPONSIBILITY AND TO INSURE THAT THESE RULES IE CONSISTENT WITH
RULES OF OTHER COURTS, POLICIES OF OTHER AFFECTED DEPARTMENTS OF
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THE CITY, COUNTY, AND STATE, THERE WILL IE AN ADD I TIONAL BURDEN ON
THE COURT PERSONNEL STAFF TO COMMUNICATE AND CIRCULATE PROPOSED
DRAFTS OF THESE DOCUMENTS.
E, THE COURT IS REQUIRED TO INFORM COUNCIL OF THE IMPACT OF PROPOSED
ORDINANCES ON THE COURT 1S TIME AND FACILITIES, To ACCOMPLISH THIS,
THE COURT STAFF WILL IE REQUIRED TO OITAIN STATISTICS FROM OTHER
COURTS AND LAW ENFORCEMENT AGENCIES, THESE DUTIES WILL TAKE
CONSIDERABLE TIME AWAY FROM ROUTINE COURT RESPONSIBILITIES OF THE STAFF,
2, COURT FACILITIES
A, PERSONNEL SPACE
OF IMMEDIATE CONCERN IS THE LACK OF SPACE TO HOUSE EVEN THE
PRESENT STAFF OF THE COURT PERSONNEL AND THE NECESSARY FILING
CABINETS AND OFFICE EQUIPMENT FOR THE PAST LEVEL OF ACTIVltY, THE
ADDITION OF MORE COURT PERSONNEL MAKES THE PROBLEM MORE IMMEDIATE,
B, COURTROOM
THE COUNCIL CHAMBERS ARE NOT SATISFACTORY FOR PRESENT AND PROJECTED
HIGH LEVEL OF COURT ACTIVITY, THE COLORADO STATE JUDICIAL DEPARTMENT
HAS PROMULGATED STANDARDS FDR COURTROOMS OF COURTS OF RECORD WHICH
ARE NOT IEING MET,
I, SEPARATION OF AUDIENCE AND THE COURT IY A RAILING
II, ELEVATED BENCH WITH READY ACCESS TO THE COURT CLERK 1 S ST~TIDN
AND WITH A CLEAR VIEW OF THE CLERK, BAILIFF, WITNESSES AND
THE JURY
Ill, A JURY BOX SEPARATED IY A RAILING AND WITH A CLEAR VIEW OF THE
JUDGE, THE PARTIES, COUNSEL, WITNE~SES{ AND EXHIBITS {THE
JURY BOX SHOULD ACCOMMODATE 1} JURORS.)
IV, A SUFFICIENT NUMBER OF FIXED SEATS FOR SPECTATORS
C. EQU I PMENT
THERE IS A CONTINUING NEED FDR SUCH EQUIPMENT AS A COPYING MACHINE.
To OBTAIN THE USE OF A COPIER PRESENTLY, IT IS NECESSARY FOR THE CLERK
TO TRAVERSE HALF THE LENGTH OF THE BUILDING TO USE THE ONES IN
OTHER DEPARTMENTS, THE FREQUENCY OF THIS NEED EXCEEDS A DOZEN T I MES
PER DAY,
RECLASSIFICATION OF COURT PERSONNEL
THE PRESENT CLASSIFICATION OF THE COURT PERSONNEL REVEALS A GREAT LACK
OF UNDERSTANDING OF THEIR RESPONSIBILITIES, THEIR MAINTENANCE DF COURT
RECORDS DIRECTLY AFFECTS THE LIBERTY AND PROPERTY OF CITIZENS, THEIR
MAINTENANCE OF A PROFESSIONAL LIAISON WITH OTHER CITY DEPARTMENTS,
LAW ENFORCEMENT AGENCIES, STATE MOTOR VEHICLE AGENCIES, COUNTY MENTAL
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HEALTH, SHERIFFS, JAi~, OTHER MUNICIPAL ANO STATE COUR TS, THE COLORADO
STATE JUDICIAL ADMINISTRATORS OFFICE IS ESSENTIAL FOR THE COURT TO FUNCTION.
WITHOUT A PROFESSIONAL, COURTEOUS, BUT FIRM DEMEANOR WITH THE PUB L IC , THE
ESSENTIAL DIGNITY OF THE COURT COULD NOT SE KEPT.
A SHORT RESUME OF DUTIES, RESPONSIBILITIES, QUALIFICATIONS AND MINIMUM
REQUIREMENTS OF THE COURT CLERK 1S STAFF AS PUILISHED SY THE OFFI CE OF
THE STATE COURT ADMINISTRATOR IS ATTACHED AS EXHIIIT VI.
THE COURT INVITES THE COMPARISON OF THE PRESENT GRADING OF THE COURT
PERSONNEL OF THE CITY. THE COURT DOES NOT HEAN TO MINIMIZE THE RESPONSI-
BILITIES OF THE PERSONNEL OF ANY DEPARTMENT AND INDEED HAS NO SPECIAL
EXPERTISE AS SUCH, IUT FEW, IF ANY, CLERICAL POSITIONS IN THE CITY
REQUIRE THE EXERCISE OF A GREATER VARIETY OF SKILLS UNDER PRESSURE
CONDITIONS AS THE COURT 1S STAFF.
THE COURT IS AVAILABLE TO DISCUSS THE HATTERS CONTAINED IN THIS RECOMMENDATION WITH INTERESTED PARTIES.
SINCERELY,
Lou i s PARKINSON
MUNICIPAL JUDGE
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MUNICIPAL COURT
ACTIVITY REPORT
_D_E_C_E_MB_ER __ 3_1 __ , 19.!!_
n "NUE SOURCE DECEMBER
1977
VIOLATIONS BUREAU FINES-----------------------------· :5,042.50
PARKINQ CITATIONS-----------------------------------2,608.50
COURT CASES-----------------------------------------2,692.00
r.ouRT COSTS-----------------------------------------470.00
WITNESS FEES----------------------------------------25.00
JURY FEES--------------------------------------------0-
BONDS FORFEITED--------------------------------------0-
DRIVER IMPROVEMENT SCHOO L FEES----------------------190.00
APPEAL BOND FEES-------------------------------------0-
MISCELLANEOUS FEES-----------------------------------0-
ARAPAHOE COUNTY (DUl 1 s)-----------------------------755.00
TOTALS I 9,78:5.00
ARRA IQNMENTS----------------------------------------
TRIA LS DOCKETED-------------------------------------.
Ju~r TRIALS HELD------------------------------------
JUR ,· TR I ALS CANCELLED---------------------·----------
JUR I ES CONTINUED----------------------------------~-
JURIES DISMISSED-----------------------~--------~---
PRETRIAL CONFERENCES-----------------~--------~~----
CASES CL OSED BY DISPOSITION-------------------------
CASES CLOSED BY DEFERRED PROSECUTION---------~------
DR IVER SC HOOL ATTENDANCE----------------------------
No. OF CASES PENDING (NOT INCL. PARKING)------------
No. OF CASES FILED BY CATAGORY:
MOVING VIOLATIONS-----------------------------------
PARK INQ VIOL ATION S----------------------------------
0THER ORDINANCE VIOLATIONS--------------------------
DOG ORDINANCE VIOL ATIONS----------------------------
COMPLAINTS (CITIZEN, SA LES TAX, BLDQ. DEPT., ETC,)--
TOTALS
RCSPE~x~E~
~A J. PEN~CLE~IPAL COURT
cc: JUDGE LOUIS PARK I NSON
WILLIAM 0, JAMIB, DIRECTOR OF FINANCE
ERIC JOHANNIBSON, REVENUE CHIE~
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:544
121
0
10
'· 6
'):·.·o
27
19
52
27
1,657
409
1,4:,5
24
46
__ 6
1,920
SAME MONTH
LAST YEAR
,,247.50
2,561.50
,.110.00
695.00
95.00
-0-
25.00
180.00
-0-
-0-
~92.50
10,9o6.50
289
119
0
' 0
I 1 I'
8
:59 ,o
22
·299
1,:,:,6
:54
50
--7.
1,128
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TOTALS TOTALS
THIS YEAR LAST YEAR
:50,494.50 27,228.50
,0,261.00 19,:500.00
44,868.50 :,4,610.00
9,450.00 7,145.00
1,510.00 715.00
175.00 175.00
1,8:55.00 7:55.00
2,825.00 2,462.00
-0--0-
88.00 -0-
e 1 Q2~.50 ~.015.00
129,600.50 97,886.00
,,so, 2,814
2,1:,0 1;315
15 10
90 60
25 11
5 4
149 102
499 :,01
487 ,11
361 250
:,,594 2,894
12,:,10 8,600
:515 275
755 548
_ill _JI I 17,188 12,414 • •
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ACTIVITY REPORT
DECEMBER ,1 t 19_1L
EVE E SOURCE DECEMBER SAME MONTH
1976 LAST Yue
TRAFFIC CITATIONS (VIOLATIONS BUREAU)----------------1 },247 0 50 2,874.50
PARKINQ CITATIONS-----------------------------------2,561.50
COURT CASES------------------------------------------3,710.00
COURT COSTS------------------------------------------695.00
',/1 T NESS FEES----------.-------------------------------95 • 00
JURY FEES---------------·-----------------------------0-
BONDS FORFEITED--------------------------------------25.00
DRIVER IMPROVEMENT SCHOOL FEES-----------------------180.00
APPEAL BOND FEES----------·---------------------------0-
ARAPAHOE COUNTY {DUl's & OWi's)----------------------392.50
TOTALS S10,906.50
ARRAICNMENTS-----------------------------------------
TRIALS OOCXETED-----------~--------------------------
JURY TRIALS HELD----------------·--------------------
JURY TRIALS CANCELLED--------------------------------
JUR ;r TRIALS CONTINUED--------------------------------
JUR I ES O I SM I SSED----------::---·.:.-----------------·----"'-
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PRETRIAL CONFERENCES-------------------------~-------
CASES CLOSED BY DISPOSITION.-4:------------------------
CASE.S CLO .SEO IIY DEFERRED PROSECUTION---------------
DR I VER SCHOOL ATTENDANCE----------------------------
~O. OF CASES PENDING (NOT )NCL, PARKING) . .
No. OF CASES FILED IIY CATAQORYI
"1oVING VIOLATIONS------------------------------------
~ARXINC VIOLATIONS----------------------~--------~--~
' OTHER ORDINANCE YIOLATIONS--------------------------
JO Q ORDINANCE VIOLATIONS-----------------------------
~OISE ORDINANCE. YIOLATIONS---------------------------
COMPLAINTS {CITIZEN, SALES TAX , IILDGo DE.PT., ,ETCo)---
TOTALS
eRESPECTFULLY SUBMITTED
~~~m"c'""'
CCI JUDGE H. A. SWEARINGEN
WILLIAM D. JAMES, DIRECTOR OF FINANCE
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289
119
0
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0
1
8
39
:50
22
1,547
299
1,3:,6·
:,4
50
6
---1.
1, 732
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1,941.00
:,,125.00
869.75
110.00
150.00
. 200.00
175.00
-0-
482.50
9,927.75
257
105
2
4
1
0
4
22
257
e:,6
5
24
5
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TOTALS TOTALS
tPB 1976 fan 1975 .
27,728.50 28,151.50
19,:,00.00 18,840.00
34,610.00 :,4,590.00
7,145.00 8,144.75
715.00 e20.oo
175.00 _900.00
7:,5.00 650.00
2,462.00 1,6:,1.00
-0-1.50
s.01s.oo 6.269,00
97,886i00 99,997.75
2,814 2,e:,2
1,:,15 1,022
10 12
60 68
11 4
4 2
102 80
:,01
:,77
250 252
2,894 :,,024
8,600 e,:,67
27~ 169
548 419
154 110
_..!fl. _..2Q
12,568 12,179 I • •
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MUNICIPAL COURT . 7 -
ACTIVITY REPORT
JANUARY , 19~
REVENUE SOURCE
VIOLATIONS BUREAU FINES------------------------------1
PARKING CITATIONS---~----~------~---------------~---•
COURT CASES-----··--------------·--------------------.
COURT COSTS----------·-------------------------.-----
WITNESS FEES-----------------------------------------
JURY FEES--------------------------------------------
BoNDS FoRFEITED--------------------------------------
DflllVER IMPROVEMENT SCHOOL F[[S-----------------------
APP[AL BONO FEES-------------------------------------·
JANUARY
1978
2·,60,1.50
2,296.00
6,359.00
1,1~0.00
130.00
25.00
140.00
110.00
1.50
SAME MONTH
LAST YEAl'I
2,420.00
2,451.00
· 3,940.00
815,00
125.00
50 .oci--
1'00.00
200.00
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Ml SC[LLAN[OUS F[ES----'--------------------------------0-28 ,00
ARAPAHO[ COUNTY (DVl's & OWi's)--------------~-~-----786,00 590,00
TOTALS I 13,609.00 10,719,00
AfllRAIGNMENTS--------------------------------------·--
TflllALS OOCKETED--------------------------------------
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JU TRIALS HELD---------------------------------·---• l
JUl'IY TRIALS CANC[LLED---------------------------~----'
JURl[S OISMISSEO----------------------------------~--
PfllETl'IIAL CONF[fll[NCE&---------------------------------
CASES CLOSED av OISPDSITION--------------------------
CASES CLOSED BY DEF[RRED PROS[CUTION----------------•
Dl'IIVER SCHOOL ATTENOANCE-----------------------------
NO, OF CASES PENDING (NOT INCL, PARKING)-------------
No, OF CASES FILED BY CATAGORY
MOVING VIOLATIONS------------------------------------
PAl'IKING YI OLATI ONS-----------------------------------
0THEl'I Ol'IDINANCE YIOLATIONS---------------------------
OOG ORDINANC[ VIOLATIONS -----------------------------
COMPLAINTS (CITIZEN, SALES TAX, BLDG, DE,T,, ETC,)---
TQTALS
R~!ECTFU~ SU c:J.TTE~'_:)
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BARBARA J. PE,.,{Y, CLERK_~Fi?1UNICIPAL COUl'IT
cc: JUDGE LOUIS PAl'IKINSON ·
WM, 0. JAMES, Dll'IECTOR OP FINANCE
El'IIC JOHANNISSON, REVENUE CHIEP
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'39 }24
212 162
2
14 10
0
12 5
. 113 41
40 34
21 20
1,653 1,580
458 273
963 1 ,239
4 12
50 24
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1,477 1,567
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THIS Yfll, LAST Y1
SAME SAME
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FROM:
DATE:
SUBJECT:
.John Lowry
Eric Johanniaao~
January 12, 1978 0
Municipal Court Establishment of New Fosition
I am requeating that the Municipal Court be authorized one additional poaition -
Junior Account Clerk, Thia position would be responsible for assisting in the
processing of court cases and the maintenance of court records, The qualifi-.
cations for the position require the following skills: typing {40 wpm), filing,
ability to meet the public,
)
The workload of the court has increaaed dramatically during the paat year,
Arraignment• increased 35%, trial• docketed increaaed 62%, and total caaea
processed increased 28% (does not include parking violation•), Attached are
the court activity reports for 1977 which show year to year compariaiona.
With the increaae in activity, the court•• ability to maintain a aD10oth fl.ow
of caae proceaaing and record processing ha• been diminished, Under ideal
conditions when all court personnel oru preaent, the job get• completed with the
aid of overtime and part-time assistance, When~ peraon is aick or on vacation,
the court cannot effectively operate with two people.
The court must operate within the conatraint• of tbs legal ayatem. Thie require•
that case work be handled expeditiously without .,error, To operate , a legal
entity without adequate qualified people jeo'pardizea the purpose of the court
system,
I checked with Littleton to obtain comparative data on their court activitiy,
organization, and staff ing,
Littleton (77} Englewood (77}
Moving Violations 3,100 3,594
Arraingmenta 1,800 3,803
Trials Docketed 1,100 2,130
Other Violations 500 1,280
The Littleton court is ataffed with a Court Clerk, 4 full time clerks, and a
Court Bailiff.
With vacations for Carolyn and Sandy tentatively scheduled for March and April,
it is important that we look at thie situation as soon as possible,
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at tachments
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MEM ORAND UM
TOa Bill James, Director of Finance
FROH1 John Lowry, Assistant Director of Finance
DATB '; January 13, 1978
SUBJECT,. Municipal Court Eetabliehment of Nev Position
RE, Eric Jobannisaon's memo dated January 12,· 1978
(attached)
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An additional person 'seeu to be justified when ·a compari-· ' ...
•on .,i• made with previoue years experience ·(see Activity ..
Report attached for yeara 1976 and 1975) and the City of ·. ··.·.
Littleton. Also, attached h a COlll)arison of court .·activity.: .
.ft;om l.973 through 1976, a coq,ariaon ef budgetary position , ,·
coq,ared to arraignments, trials and moving violations are ae follows,
BUDGETED
: ; .( .. · . · ·,:; POSITIONS ·<;,~~3 ';, .. ~ '·
<1nA : ·:1 .1,,.3 ·
: /1975 \' . , >·.!.: 3
.. /:/, 1-97.6 ·. ·:; •: . . 3 I .. un . . . · . ·:., .... 3
/'····. ·:, .. · ·. ;,'
HOVING
VIOLATIONS
' 2,083
1, !169
3,024
2,894
3,594
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ARRAIGN-
MENT_S_
1,708
1,612
'1,832
2,814
3,803
TRIALS
1,093
940 ..
1,022 ' . i ·.··: 1,315 ~·-~-·. :
2,130 .·,,.: ..
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' Por -~euons ~t comparison, I have eliminated the Judge .· ': ... ,
1 f a .nd ., Court Proceaa Server. ·;}<}::
-:_,;7 . It should aleo be noted that··the number of patrolmen went ·.(~<.~·.
~--./ '· up from 37 in 1973 to 54 in 1977 or an increase of 311. · :,,·. ,,. /.1,/·· · This ._in p art· would explain the increase in activity. . ·., .,
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. ·. Thia 'overall incre ase would appear to justify a need to
i ncrease the administrative staff eith~r an additional
pe rson i n Muni Court or additional ataff in Finance .
to be used in Municipal Court on a 1/2 time or 3/4 time
b aa ia .
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APP ENDIX J
COURT ADMINISTRATION AND RECORD FORMS
J-1
C~RT CLERK -DUTIES AND RESPONSIBILITIES
The description of the position lolown as "court clerk"
is intended to cover the type of clerkship which is all-inc l us ive .
It covers the court which requires only one person who serves as
the judge's courtroom assistant and also has responsibility for
all the clerical functions. It also is intended to encompass
those positions wherein the "clerk" is the administrative head of
a large clerical staff.
The responsibilities and duties are the same, except
that, in one case,· all the duties are performed by the single
individual, while in the other, many of the duties are distributed
among subordinates who have individual specialties.
Assist the judge in the discharge of his duties and
relieve him of all administrative duties possible, including
the preparation of court orders for the signature of the
judge,
Administer the clerk's office, which includes all
pre-court and post-court processing.
Hire, train, and supervise clerical personnel.
Insure orderliness and cleanliness of court facilities.
Maintain accurate record of all cases, commencing wdth
institution of the action, through the courtroom process,
the post-court processing, and subsequent permanent filing.
Establish audit procedures to insure constant knowledge
of progress of cases together with full accounting for money
transactions.
Safeguard all funds.
Establish accounting procedures sufficient to reflect
constant status of all financial matters.
Set up procedures for handling and accounting for
bond funds.
Pre pa re daily, weekly, monthly, and annual r e ports as
to case load and as to financial matt ers.
Conduct regular and surprise periodic audits.
Handle all court correspondence, including the screening
of correspondence received, replies thereto, and the prepara-
ti on of court-initiated correspondence. •
Prepare court call sheets and trial calendars.
Record courtroom proceedings.
Ma intain docket.
Ma i ntain inventory of court phy sical property.
Provide adequate equipment and supplies •.
Sign or countersign all court documents and process as
required. ·
Maintain all necessary statistics, including volumes,
amounts, trends, etc.
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Serve as to court's contact with the public and
es pecially with party litigants.·
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Assist the public, defendants, and couns el in whatever
manner possible.
Maintain familiarity with legislative changes --actual,
pending, and contemplated,
Be instrumental in keeping the docket current and thereby
reduce avoidable delays,
Maintain proper discipline and decorum among others of
the clerical starr.
Have a constant desire to learn new methods.
Reflect a serious and compassionate attitude toward the
public and also retain a sense or humor.
Assist the Judge in the preparation and presentation ·
or the court's budget.
KNOWLEDGE REQUIREMENTS AND SKILLS
Have broad administrative ability.
Have working knowledge or accounting and business
methods and procedures.
Be able to personally perform many or the individual
functions of the clerk's office and be conversant with
all others.
Be capable of getting along with people: employees,
superiors, and the public, .
Know the law as it applies to the types of cases
handled by his court, including procedural provisions.
Have the ability to maintain proper liaison with other
' governmental agencies and departments,
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2.
3,
4.
MINIMUM TRAINING NEEDS
Formal education at least equivalent or complet ion
or high school,
Training and experience sufficient to meet minimum local
civil service requirements for position of equal respon-
sibility.·
Additional training in basic business methods and
procedures, including accounting. (This will vary
according to size of court and necessity for clerk
to perform administrative duties.)
Receive special indoctrination in local enforcement
processes, particularly with respect to traffic,
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SUIJIICT1
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Andy Mccown, City Manager
Kells Waggoner
LITTLE DRY CREEK
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lffB.Of'PICI • ..,,OUNDUM
DATls January 26, 1978
As you will recall, the plan on Little Dry Creek from South Platte
River Drive to Santa Fe Drive called for an open, grass-lined channel.
It was proposed to purchase all of the property on the south side of
Dartmouth to Little Dry Creek, making a park-like area next to the creek.
The attached plan shows a proposed warehouse structure to be located
on a portion of the above-described property . In order to stop this
development, purchase of the property by the City would be necessary.
The owner is waiting for flood plain requirements at the present time.
Would you please inform me as to how you want us to proceed.
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Director of Public Works
KW/lo
Attach.
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Ot.Je_~~~'t' P .'1!.~·.·~·-·n_z-· .. :.~T"e r.,1.1,i..c , ... c.
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WELBOU!IHE DEVELOPY.ENT CO
·.,;..c,, Wf 'oT Ot..~TI,.~v~ L...G• .. -~
~J~L.e ~o 1 ~:.Cf:J..~c
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RESOLUTION NO. _'1,~~-• SERIES OF 1978
A RESOLUTION AMENDING THE 1978 SEWER FUND BUDGET,
WHEREAS, the City Council of the City of Englewood, Colorado
has approved a 1978 Sewer Fund Budget, and;
WHEREAS, the City of Englewood and City of Littleton have agreed
to change orders to complete the construction of the Bi-City Wastewater
Treatment Plant, and;
WHEREAS, the coat of the change orders increase the total
project from $22,536,000 to $22,782,109, and;
WHEREAS, the additional coat increase of $246,109 ia to be
shared as follows: EPA grant increase of $205,109; Englewood's share
of $20,500; Littleton's share of $20,500;
NOW, TIIEREPORE, BE IT RESOLVED by the City Council of the
City of Englewood, Colorado, as follows:
Section 2.
The following estimated revenues and appropriations are
hereby made in the Sewer Fund:
Source of Funds
EPA Grant
City of Littleton
Retained Earnings (Restricted Cash)
$205,109
20 ,500
20,500
246,109
Appropriations
Sewer Treatment $246.109
ADOPTED AND APPROVED this ____ day of -------' 1978,
Mayor
ATTEST:
exoff icio City Clerk-Treasurer
I, William D. James , ex officio City Clerk-Treasurer, of the
City of Englewood, Colorado, do hereby certify that the above and fore-
going if a true, accurate and complete copy of Resolution No,
Series of 1978,
ex officio City Clerk-Treasurer
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City of Englewood
PROCLAMATION
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3400 S. Elali Street
Englewoo d , Colorado 80110
Phone (3 03 ) 761 -1140
WHEREAS, The Colorado Front Range cities, a nd in
particular those wh ich comprise the Metropolitan D e nver
area, ar c ex peri enc ing air pollution levels which threaten
the health and welfare of Its citizens; and
WHEREAS, J?;overnrnental e ntiti es , the private sector
and citizens, s hould each be c,ncouragcd to do all things
nec essary to assist in preventing suc h air pollution; a nd
WHEREAS, the Regional Transportation District, as a
tangible expression of its interest in transit incentive s ,
has designated the month of February, 197 8, as "Tr ansit
Awareness Month'', in which all off-p e ak service will be
fr ee; and
WHEREAS, it is the responsibility of the Council to
urg e th e g·ovcrnmcntal entities, th e privat e s ector, and the
Citizen s of the City of Englewood, Colorado, to con s ider
all actions which will help contl"ihute to a reduction in
air pollut io n in the region, and one such consideration
is th o incr e ased use of transit.
NOW , THEREFORE, I, VERN MANN, Mayor Pr o Tero
o f th e City of Englewo od, Colorado, do hereby proclaim
tho month of February , 1978 as
TRANSfT AWA R ENESS MONTH
and ur ge participation of a 11 c iti ze n s of the City of
Engl e wood, Colorado,
VE RN MANN, Mayor Pr o Tem
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COUNCILMAN'S RESOLUTION
No. CR-14
Series of 1978
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RESOLUTION NO.
78 -14
Sen.es of 1978
BE IT RESOLVED DY THE CITY COUNCIL OF THE CITY OF
NOR!HGLENN, COLORADO, THAT:
WHEREAS, the Land and Water Resources Management
Project developed by the City of Northglenn in cooperation
with the Fanners Reservoir and Irrigation Co., is a program
for total management of land and water resources, utilizing
irrigation water for municipal domestic purposes and return-
ing tre~ted wastewater for agricultural use; and
WHEREAS, the citizens of Northglenn, in authorizing
a $31 million dollar bond issue to build the project, affirmed
the concept that cooperation--not condemnation--provides a
method of meeting municipal water needs while keeping fann
land in production; and
WHEREAS, designation of Northglenn as a management
agency for wastewater treatment facilities, under the regional
208 Clean Water Plan, was a crucial step toward implementat ion
of a program which holds promis e of substantial assistance in
solving the wastewater treatment problems of other cities and
of this region ;
NOW, THEREFORE, the Mayor and City Council of the City
of Northglenn extend their sincere gratitude and apprec i at ion
to the Mayor and City Council, City of Englewood,
for their support of the Northglenn amendm ent to the Clean
Water Plan, passed on motion at the December , 1977, mc e Li ng
of the Denver Regional Council of Governments , and for their
participation in a true demonstration of the sp irit of regional
cooperation.
(_' OIi.TED, at Northglenn, Colorado, this ,.-:,·-$ day of -;/->""'"" L..... ....... __ 7~-re:::::;...__, 1978. ·, ' ~
ATTEST:
APP ROVED AS TO FORM:
tzJiVVL->1 /}. ,{J,-'L,,-:r ~
ALVIN B. THOMAS
Mayor
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City of Englewood
PR O C LAM AT ION
-------3400 S Elal i S1re e1
Englewood, Colorado B0 1 10
Pho ne (303 1 761 -114 0
WHEREAS, Th e Co lorado Front Ran ge cities, and in
particular those which comprise the Metropolitan Denver
area, ar c expe ri e ncin g air pollution levels which t hr ea ten
the health a nd we lfare of its citiz e ns; and
WHER E AS, governmental e ntiti e s, th e privat e sector
and c iti ze n s , s hould each be <>ncouragod to do all things
n ecessary to assist in preventin g such air pollution; a nd
WHEREAS , the Regional Transportation District, as a
tangible ex pression of its interest in transit incentives,
has designated the month of Fe br uary, 197 8 , as "Tra nsit
Awar e n ess Month", in which all off-p eak service will be fr ee; and
WHEREAS , it is th e responsibility of t he Council to
urg e tho gover nm e ntal e ntities, the privat e sect or, and the
Citi zens of t h o City of E n g l e wood, Colora do, t o consider
a ll act i ons which will help c ontribu te to a reducti on in
air pollution in the reg i on , and o n e such consideration
is th e increased use of tra nsit.
NOW, THEREFORE , I, VERN MANN, Mayor Pro Tern
of the City of Englewood , Colorado, do hereby proclaim
the month o f F bruary, 1978 as
TRANSIT AWARENESS MONTI!
and urg e participation of a ll cit i ze n s of the City of
Eng]e wood, Colorado .
VE RN MANN, Mayor Pro Tern
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M E M O R A N D U M
TO:
FROM:
Andy Mccown, City Manager
Wi lliam D. James, Director of Finance~
DATE : February 2, 1978
SUBJECT: Status Report on PIF balance -Miller Building
Renovation
,_,.
I have reviewed in detail the fund balance to be available at year end
1977. The estimated figures used are unaudited. We anticipated having a
fund balance figure of approximately $35,000 which wa1 related to Council
in a atudy 1ession.
The fund balance of $35 ,000 waa generated in part from additional
Use Tax in the amount of $59,000. However, you will recall in a previou1
memo that we indicated a loaa of $20,000 from the Amusement Tax as
a result of changing the ordinance to apply the 3% to only theaters and
o t her entertainment which require, an admission fee instead of all amuse-
ments. Also , we had budgeted $79,000 to be received from the ECBF
and received only $75 ,000. The loan to the Hou1ing Authority in the
a mount of $35 ,000 also haa an effect on the fund balance if it ia not
paid back to the City.
It is my understanding that the Housing Authority ha1 only raiaed $8,500
t o repay this loan. Assuming that the City receive, only $8,500 from
t he Houaing Authority, the estimated fund balance for year end 1977
in the PIF would be approximately $20 ,000. At the study session,
t he Council indicated they were desirous of de1ignating the 1977 fund
ba l ance to the Miller Building which can be incorporated into the next
Six Quarter Budget.
jlw
ESTIMATED FUND BALANCE PIF
Add i tional Estimated Fund1 in PIF
$5 9,000 U1e Tax
11,500 Intere st
.2.~500
LoSB of
(2 0,000)
( 4,000)
(26 500
(50,500
Revenues in PIF
From Amusement Tax
From ECBF
From HA Loan
$!0 1000 Fund Balance
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MEMORANDUM
TO:
FROM:
DATE :
SUBJECT:
Mayor and Members of City Council
Andy Mccown, City Manager
January 31 , 1978
AID TO OTHER AGENCIES
!
On the agenda for the Council meeting of February 6 is an appearanc e by
Sam Love and Milt Senti who will be requesting funds for t he Diamond Jubilee.
Mr. Love and Mr. Senti, both former Mayors , are heading up a committee
to plan and coordinate the Diamond Jubilee celebration.
I thought perhaps you would like to review the status of the Aid to Other Agencies
account, from whence these funds will come.
Last year, $39,128 was spent from this account for various purposes. Some of
these expenditures are not reoccurring ones, at least not on an annual basis,
such as the Mountain Bell hearings ($1, 463) and the l egal expens es incurred
for the car shredder ($1,203 which was given to CONSENSUS).
At your budget retreat last fall, this subj ect was discussed quite lengthily and
the direction from Council at that time was that expenditures from this account
in 1978 would be held to $20,000 exclusive of the operating funds for the
Housing Authority and funds for the Arapahoe De toxification Center. The
latter is based upon revenue received from liquor licenses. You also directed
that the City would buy a membership In the Chamb er of Commerce for this
year Instead of making a contribution, and we have received a membership
bill for $2 ,500 for whlch I have authorized payment.
Thus , if you are to abide by your decision at the budget retreat, you have
$17, 500 available for providing aid to various groups.
We have received requests from many other groups for funds . We have not
distributed these, however, since Mayor Taylor has requested that decisions
on these expenditures not be made until his return.
Sinc7rely,
/M~t~-·~
~ND~;~~N, City Manager
ph
cc: Jimmy E. Curnes, Assistant City Manager
~ William D. James, Finance Director
Hugh H. Brown, Administrative Assistant
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