HomeMy WebLinkAbout1977-07-05 (Regular) Meeting Agenda-
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City Council Meeting -July 5, 1977
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AGENDA FOR THE
REGULAR MEETm:; OF
THE ~D CI1Y COONCIL
JULY 5, 1977
7:30 p .m. Call to order, invocation by Reverend Helen Walker, Esoteric
Truth Center, pledge of allegiance by Boy Scout Troop /fl54,
and roll call.
1. Minutes.
(a) Minutes of the regular meeting of June 20, 1977.
(copies enclosed .)
~ Pre-Scheduled Visitors.
J\,c-=t J, . ~ ~ Mr. John Kreiling, 3131 South High Street, Engl~.
L'-v-. i'v c. ~ representing ~ater for Colorado, will be present to
I · . c:.,J..-~"-'-address Council.
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., ,l I h..~~ -....· 3. L Camunications -No Action Reconrnended.
C'-)
' (a) Minutes of the Firerren' s Pension Board meeting of
June 16, 1977. (copies enclosed.)
(b) Minutes of the Policemen's Pension Board meeting of
June 21 , 1977 . (copies enclosed.)
4. Camunications -Action Recoomended .
(a) Minutes of the Water and Sewer Board meeting of June 21,
. 1977, with the following rec CXI11e1dat .lons:
(i)
(ii)
Proposed change in water tap fees;
Request to cmmd an _9!"<lir¥!nce :i;egardi.ng size )
of aperture devise;({] of ,es -fv be -f1 a ,1s 111, H r:-cl
(iii) Approval of Supplement lf6 to Valley Sanitation
District; and
(iv) Supplerrent to Distributor's Contract /fl, Cherry
Hills Rancho Water and Sanitation District .
(copy of mem::>randun from Director of Public Works to
City Manager conceming 4(a) (i) and copies of minutes
enclosed.
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Page 2
July 5, 1977 Agenda
4. C,amunications -Action Recarmended (continued).
(b) Recame,dation fran the Planning and Zoning Camri.ssion
meeting of June 21, 1977, concerning approval of
rezoning of 3270-72-74-76-78-80 South Bannock Street
fran R-2 (mediun density) to B-1 (business).
(copies of recoomendation and staff report enclosed.)
5 . City Attorney.
Bills for an Ordinance.
(a) Bill concerning an agreement between the State of
Colorado and the City of Engle'\olOOd for operation and
maintenance of traffic control devices.
(co ies available at Council meet· . )
(b) Bill concerning the vacation of 2700 South Elati Street
and a portion of West Yale Avenue.
(co ies available at Council meeting .)
(c) Bill concerning the autt'k:>rization of an election for a
charter convention.
(co ies available at Council meet· . )
Other Matters.
(d) Attorney's Ct'k:>ice.
6. City Manager.
7.
(a) Mamrandun to the City Council concerning the resignation
of Mr. Edward G. Smith fran the Planning and Zoning
Camri.ssion and Mr. David F. Hayes £ran the Water and
Sewer Board , and lis t of interested candidates for
appointrrEnt. (copies enclosed.)
(b) Mamrandun fran the Director of Finance to the City
Manager concerning the management letter fran Shepherd
and Coopany. (copies enclosed .)
(c) Lease and Agreement between the City of Thornton and
Engl~ for lease of approximately 1600 acre feet of
water. (copies enclosed.)
Other Visitors .
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Page 3
Jul7 s , 1977 Agenda,
8 . General Discussion.
(a) Mayor's Choice.
(b) Councilman's Cm ice .
9. Adj ourmient .
City Manager
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July 4
July 5
July 9
July 11
July 18
July 25
July 31
6/28/77
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C A L E N D A R O F E V E N T S
5:00 p.m.
7:30 p.m.
10:00 a.m.
7:00 p.m.
6:00 p.m.
7:30 p.m.
7:00 p.m.
8:00 p.m.
2:00 p.m.
HOLIDAY -INDEPENDE NCE DAY
CITY HALL WILL BE CLOSED
Study session, Conference Room A;
Regular Council meet ing , Council Chambers.
Walking tour of Little Dry Creek.
Continuation of Public Hearing on Hampden
Professional Park Subdivision final plat.
City Council Chambers.
Study session, Conference Room A;
Regular Council meeting, Council Chambers.
Public Hearing on application for Beer and
Wine license for Paul's Restaurant and
Pizzeria, 3542 South Fox Street.
Public Hearing on application for Special
Events liquor license for Englewood Volunteer
Fire Department, August 6, in Blue Mall,
Cinderella City. ·
Dedication and Open House for Simon Center.
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REGULAR MEE'TING :
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COUNCIL CHAMBER S
CITY OF ENGLEWOOD , COLORADO
June 20 , 1977
/ a.
The City Council of the City o f Englewoo d , Arapaho e County , Colorado ,
met in regular session on June 20 , 1977 at 7 :30 p .m.
Mayo r Taylor , presiding , called the meeting t o order .
The invocation was given by Ernest Martin , Baha 'i Faith o f E.ng l ewood ,
4700 South Elati Street . The Pledge of Allegiance was led by Boy Sc o ut Troo p #92 .
Mayor Taylor asked for roll call . Upon the call of the r o ll , the
followin g were present :
Council Members Williams , So vern , Smith , Brown, Mann , Clayton , Taylor .
Absent: None .
The Mayor declared a quorum present .
Also present were: City Manager Mccown
City Attorney Berardini
Acting Personnel Directo r Brown
Dep uty City Clerk Varner
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COUNCILMAN SMITH MOVED TO APPR OVE THE MINUTES OF THE REGULAR CITY
COUNCIL MEETING ON JUNE 6 , 1977 . Councilman Sovern seconded the motion . Up o n
a call o f the roll , the vote resulted as f o llows :
Ayes : Council Members Williams , So vern , Smith, Brown , Mann ,
Clayton , Taylor .
Nays : None .
The Mayor declared the mo tion carried •
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COUNCILMAN SMITH MOVED TO APPR OVE TH~ MifUTE S OF THE SPECIAL CITY
CO UN CIL MEETING ON JUNE 13 , 1977 . Counc ilman Br own seco nded the mo tion . Up on
a call o f the r oll , the vote resulted as fol lows :
Ayes: Co uncil Members Williams , Sovern , mith , Brown , Mann ,
Clayton , Taylo r .
Nays: None .
The Mayor declared the motion carried .
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June 20 , 1977
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COUNCILMAN CLAYTON MOVED THAT AGEN DA ITEM 4e BE MOVED UP FOR ACTION
AT THIS TIME . Councilman Brown seconded the mo tio n . Up on a call of the roll ,
the vote res ulted as f ollows :
Ayes : Counc i l Members Williams , So vern , mith , Brown , Mann ,
Clayton , Taylor .
Nays: None .
The Mayo r d e clared the mo tion carri ed .
City Manage r Mcc own presented a memor andum fr om Directo r o f Fina n ce
James concerning new l i q uo r license procedures whereby petitio ning of the area
wo uld be the full respons ibility o f the City . This memorandum rec ommends hiring
a pro fessi onal firm o r a part-time perso n t o do the petitio ning . There would be
three petitio ns circul ated--one in favor of , o ne not in favo r of , and one ne utral .
City Man ager Mccown ex lained that this p r oc e dure change is an effort t o p r ovide
a clearer picture of the desires of the resident s .
COU CILMAN SMI TH MOVED TO AD OPT LIQU OR LICENSE PROCEDURES UTILIZI NG
A PROFESSIONAL FIRM FOR PE TITIONING , THIS TO BE EFFECTI VE IMMEDI ATSLY . Co unci l -
man Sovern sec onded the mo tion .
Councilman Mann stated he feel s both optio ns shou ld be left op en for
using a profes sio nal firm o r a part -time empl oyee .
Cou ncilman Br own s tated he feels the petitio ning should be l eft out
o f the City 's hands , whi ch could be easier accomplished by using a pr of essio nal
firm .
Up on a call o f the r oll , the vote resulted as follo ws :
Ayes: Council Members Sovern , Smith , Br own , Clayt on , Taylo r .
Nays: Co uncil Members Wi lliams , Mann .
The Mayor d eclared the mot i on carried .
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COUNCILMA..~ CLAYTO! MOVED 'IO BRI G AGENDA ITEM "MAY OR I S CHOICE " UP
AT THI TIME . Councilman Br own s e con ed the motion . Up on a call of the r oll ,
the v ote resul ed as foll s:
Ayes : Council Members Wi lliams , Sovern , Smith , Br own , Mann ,
Clayto n , Taylo r .
Nays: None .
The Mayor declared the mo tio n carried .
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June 20 , 1977
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Mayor Taylor presented a Conroendation to City Manager McC own commending
him for the publication of his article entitled "Referendum Impasse Plan Wo rk s
in Englewood , Colorado " in the June 1977 issue o f the Labor Management Relatio ns
Service national newsletter.
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Paul H. Daghlian , 7169 South Webster Street , Littleto n , and Doug
Johns on , Attorney , 1337 Delaware Street , Denver , appeared to request a pub l ic
hearing date on a liquor license application for Paul 's Restaurant and Pizzeria ,
3452 South Fox Street , Englewood .
COUNCI LMAN SMITH MOVED TO SET A PUBLIC HEARING ON JULY 25 , 1 977 AT
7 :00 P .M. IN THE CITY COUNCIL CHAMBERS FOR A LIQUOR LICENSE APPLICATION FROM
PAUL H. DAGHLIAN AND SHAKE DAGHLIAN , D/B/A PAUL 'S RESTAURANT AND PIZZERIA ,
3 52 SOUTH FOX STREET , ENGLEWOOD ; AND SETTING A ONE -MILE RADIUS AREA . Council-
man Mann seconded the motion . Upon a call of the roll , the vote resulted as
follows :
Ayes : Council Members Williams, Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays: None .
The Mayor declared the motion carried .
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Marvin Johnson , 4220 South Huron Street , appeared co nce rn ing enforce-
ment of the animal contr ol or d inance . Mr . John s o n stat ed he feels the o rdi nance
should be changed to provide greater r estrictions and t o be more spe c i fic .
Mr . Johnson 's specific problem c oncern s a rabbit lot i n his neighbo rhood ,
which has been taken up in court .
Co uncilman Smith requested a review o f this case by the City Atto rney
wi th a repo rt back t o City Counc i l .
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Le o G. Mills , 4901 South Delaware Street , appeared t o request an
encroachment into the City 's right -of-way o n t 'he no rth and east sides of his
property f o r the installation of a 42-inch chain link fence . The encro achment
wo uld be eight feet o n the north side , which is adjacent to West Chenango
Avenue , and three feet o n the east side , which is adjacent to South Delaware
Street . The City 's only recommended stipulatio n is that the fence have a
minimum one -foot setb~ck fr om the back of the s idewalk .
COUNCILMAN CLAYTON MOVED TO GRANT THIS ENCROACHMENT REQUEST .
Councilman Mann seconded the motion . Upon a call of the r oll , the vote
resulted as f ollows :
Ayes : Council Members Williams , Sovern , Sm ith, Br own , Mann ,
Clayton , Taylo r •
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June 20 , 1977
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Nays: None .
The May o r declared the mo tion carried .
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"Communications-No Action Rec ommended " o n the agenda were received:
a . Minutes of the Planning and Zo nin g Commission meeting
of May 3 , 1977 .
b . Minutes of the Planning and Zoning Commission meeting
of J une 7 , 1977 .
c . Minutes of Career Service Board meeting of May 19 , 1977 .
d . Minutes o f the Police Pension Board meetings o f June 3 ,
1977 and J une 7 , 1977 .
e . Minutes of the Fire Pensio n Bo ard meeting of J une 2 , 1977 .
f . Minutes o f the Denver Regi o na l Co un c i l o f Government s
meeting of May 18 , 1977 .
g . Financial Report f o r May 1977 .
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City Manager McC own presented a reco mmendati o n from the Par ks and
Recreatio n Commission that 6 11 x 14 " oak framed plaques with Micarta insets
giving the name of the pers on t o be mem oralized be used for the eleven rooms
(do nors o f $2 ,000 and over) at the El sie Malley Centennial Center and that
2" x 5" pli.ques be used for the names of tho se c ontributing $156 t o $1 ,500 .
Mr . Mcc own n oted this is also the rec ommendati on from the architect o f the
pro ject .
COUNCILMAN BR OWN MOVED 'IO ACCEPT THIS RECOMMENDATION FROM THE
PARKS AND RECREATION COMMIS SION , AS WELL AS THE ARCHITECT . Councilman
Smith seconded the moti on . Upon a call o f the r oll , the v ote resulted
as follows :
Ayes : Council Members Williams , Sovern , Smith , Br own , Mann ,
Clayton , Taylor .
Nays : None .
The Mayor declared the motion carried .
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City Manager McC own presented a r ecommendation from the Parks and
Recreation Commiss i on that City Council pass an ordinance allowing for the
consumption o f 6% beer in city parks o n a trial basis f o r a period o f one
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June 20 , 1977
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year , at which time the o rdinance woul d cease t o be looked at again wi th regard
to problems there may have been , h ow enforceable the o rdinance was , etc .
Mr . Mccown stated that Director of Parks and Recreation Romans favors this
reco mmendation but has serious reservations about allowing beer at ertain
special events . Mr . Mccown also stated that Chief of Police Holmes feels
there are serio us problems involved with requiring 6% beer and with consump-
tion of beer at special events such as ball games .
COUNCILMAN SOVERN MOVED TO RECEIVE THIS RECOMMENDATION FROM THE
PARKS AND RECREATION COMMISSION AND TO PL ACE IT ON THE AGENDA FOR THE FIRST
REGULAR CITY COUNCIL MEETING IN AUGUST . Councilman Mann seconded the motion .
Councilman Smith recommended Council 's consideration of having
this item as a referendum on the b allot .
Councilman Sovern requested a legal op ini on from the City Attorney
regarding the concer ns of the Director of Parks and Rec reatio n and the Chief
of Police .
Mayor Taylor requested Council 's considerati.o n of esignating one
park for allowi ng b eer consumption where picnics and other special events
could be held .
Councilman Sovern also requested a legal opinio n from the City
Atto rney on how t o handle specific cases where beer and alcohol are served ,
other than in the parks .
Upon a call of the roll , the v ote resulte as f ollows :
Ayes : Council Membe r s Wi lliams , Sovern , Smith , Br o wn , Mann ,
Clayton , Taylor .
Nays : None .
The May o r declared the motion c arri ed .
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City Manager Mccown p r esented two recommendati ons from the Water
and Sewer Board : (1) for approval of a contract to lease 2 ,000 acre feet of
agricultural water to Central Colorado Water Conservancy District in 1977 at
$10 per acre f oot ; and (2) for approval o f a contract to lease 1 ,000 acre
feet of agricultural water t o Ground Water Appr opr iators of the South Platte
River in 1977 at $10 per acre foot .
COUNCILMAN SOVERN MOVED TO AUTHORIZE THE MAYOR TO ENTER INTO
AGREEMENTS WITH c .c .w.C.D. AND G.A.S .P .' AND THAT THE AGREEMENTS WE HAVE
BEEN CONSIDERING BE AMENDED TO PROVIDE THEM WITH WATER IN PROPORTION TO
THEIR REQUESTS FOR THAT AMOUNT WHICH IS AVAILABLE FROM DIRECT FLOW TO BE
OBTAINED DURING THE YEAR 1977 FROM THE RANCH CREEK PROJECT . Councilman
Smith seconded the mo ti on . Upon a call of the r oll , t h e vo t e r esulted
as follo ws:
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June 20 , 1977
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Ayes: Counc il Members Williams , Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays: None .
The Mayor declared the motion carried .
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COUNCILMAN CLAYTON MOVED TO APPROVE THE 3 .2 BEER LICENSE RENEWAL FOR
SPORT BOWL , 3295 SOUTH BROADWAY , ENGLEWOOD . Councilman Sovern seconded the
motion . Upon a caJ.l of the r oll , the vote resulted as follows :
Ayes : Council Members Williams , Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays : Non e .
The Mayor declared the motion carried .
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COUNCILMAN CLAYTON MOVED TO APPROVE THE 3 . 2 BEER LICENSE RENEWAL FOR
BOB 'S GROCERY , 3296 SOUTH WASHINGTON , ENGLEWOOD . Councilman Sovern sec onded
the motion . Upon a call o f the r oll , the vote resulted as f ollows:
Ayes : Council Members Williams, So vern , Smith , Brown , Mann ,
Clayton , Taylor .
ays : None .
Th e May or declar ed the mot i on carried .
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INTRODUCED AS A BILL BY COUNCIL MEMBER SOVERN
BY AUTHORITY
ORDINANCE NO . 14
SERIES OF 1977
AN ORDIN ANCE AUTHORIZING A CONTRACT WITH THE STATE OF COLORAIX) FOR THE USE AND
BENEFIT OF THE DEPARTMENT OF HEALTH , WATER QUALITY CO TROL COMMISSION , AND THE
CITY OF ENGLEWOOD TO CONSTRUCT BACKWASH WATER TREATMENT FACILITIES AT THE ALLEN
AD BEAR CREEK WATER TREATMENT PLANTS .
COUNCILMAN SOVERN MOVED TO PASS ORDINANCE NO . 14 , SERIES OF 1977 ,
ON FINAL READING . Councilman Mann seconded the motion . Upon a call of the
r oll , the vote resulted as f ollows:
Ayes : Council Members Wi lliams , Sovern , Smith , Brown, Mann ,
Clayton , Taylor .
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June 20 , 1977
Page 7
Nays: None .
The May or declared t he motion carried .
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INTRODUCED AS A BILL BY COUNCIL MEMBER SMITH
BY AUTHORITY
ORDINANC E NO. 15
SERIES OF 1977
AN ORDINANCE AMENDING SECTION 3 , CHAPTER 5 , TITLE I , AND SECTION 7 , CHAPTER 2 ,
TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY CHANGING THE TITLE OF PERSONNEL
DIRECTOR TO EMPLOYEE RELATIONS DIRECTOR .
COUNCILMAN SMITH MOVED TO PASS ORD I NANCE NO . 15 , SERI ES OF 1977 ,
ON FINAL READING . Councilman Clayton seconded the motion . Up on a call of
the roll , the v ote resulted as follows :
Ayes : Co u ncil Members Williams , Sovern , Smith , Br own , Mann ,
Clayton , Taylor .
Nays : None .
The Mayor declared the motion carried .
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City Atto r ney Berardini presented a Bill for an Ordinance repealing
and reenacting sections o f the Englew ood Municipal Code entitled "auto wrecki ng
and j unk yards ". He recommended sending this t o the Planning and Zo n ing
Commission f or further recommendati ons .
CO UN CILMAN CLAYT ON MOVED TO POSTPONE THIS BILL FOR AN ORDINANCE
UNTI L A LATER DATE . Councilman Mann seconded the moti on .
Darlene Musse lman , Mussel man Auto Wrecking and Eur opean Auto
Wrec king , appeared and presented questi ons , which we re answered by City
Attorney Berardini .
Up on a call o f the r o l l , the vo te resulted as f ollows:
Ayes : Counci l Members Williams , Sovern , Smith , Brown , Mann ,
Clayton , Taylo r .
Nays : None •
The May or declared the mot i on carried .
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June 20 , 1977
Page 8
City Attorney Be r ardini gave a brief report concerning filing suit
aga inst the car sh r edder operation on West Oxford Avenue . He stated that
De nver Metals has filed a law suit against the Arapahoe County Commissioners
attacking their ruling denying Denver Metals ' Ce rti ficate of Desi gnati o n and
t he fact that they do not come under the law relating t o solid waste . Denver
Metals is asking that they be permitted to begin operations as of July 15 ,
1977 . Mr . Berardini stated he has filed a suit against Denver Metals in
Arapahoe County District Cou r t and has asked for an injunction prohibiting
them from proc eeding on the basis that they built a substantial portion of
the car s hredder in a f lood plain and hat they failed to comply with the
co unty sub-division re gulati ons , as we ll as the state regulations d i viding
l and without filing a sub-division plat . Mr . Berar dini no ted there wi ll be
a sitting concerning the City 's motion on June 23 , 1977 a nd a hearing on
Denver Metals ' motion o n July 13 , 1977 .
COUNCILMAN CLAYTON MOVED THAT CITY COUNCIL RATIFY AND APPR OVE THE
ACTION TAKEN BY THE CITY AT'roRNEY CONCERNING DENVER METALS AND THE CAR SHREDDER
OPERATION . Councilman Smith seconded the mot ion . Up o n a call of the r el , the
vo te resulted as follows :
Ay es : Co un c i l Members Sovern , Sm ith , Brown , Mann , Clayto n , Taylor .
Nays : Council Member Williams .
The May or d eclared the motion carried .
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City Manager Mcc own presented a reso lut i o n amending the S ix-Qu arter
Budget to appropriate $35 ,000 t o the Englewood Housing Authority t o provide
furniture and fixtures f or the Simon Center . Mr . Mccown noted this mone y wi ll
be r eturned to the City once the Housing Authority has collected the money .
RESOLUTI ON NO . 32 , SERIES OF 1977
A RE SO LUTION AMENDING THE SIX -QUARTER BUDGET .
COUNCILMAN MANN MOVED TO PASS RESO LUTI ON NO . 32 , SERIES OF 1977 .
Counc ilman Sovern seco nded the mo tion . Up on a call o f the r oll , the vote
resulted as follows :
Ayes : Co uncil Members Wil liams , Sovern , Smith , Brown , Mann ,
Clayton , Taylo r .
Nays : None .
The May or declared the motio n carried .
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City Manager McCo wn presented a letter from the Arapaho e Co unty
Board of Commissioners submitting the name of J ohn R . Crowley for reappo int-
ment t o the Board o f Directors of the Re gi o nal Transp ortation District f o r
a fou r -year term ending July 1 , 1981 .
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June 20 , 1977
Page 9
COUNCILMAN CLAYTON MOVED TO APPROVE THE REAPPOINTMENT OF JOHN R. CROWLEY
A5 A REPRESENTATIVE OF ARAPAHOE COUNTY TO THE R.T.D. BOARD . Councilman Brown
seconded the motion . Up o n a call of the roll , the v ote resulted as follows:
Ayes : Council Members Williams , Sovern , Brown , Clayton , Taylor .
Nays : Council Members Smith , Mann .
The Mayor declared the moti on carried .
COUNCILMAN CLAYTON MOVED THJ.T THE CITY MANAGER AND MAYOR DRAW UP A
LETTER TO THE R.T.D. BOARD STATING CITY COUNCIL 'S CONCERNS OVER THE LACK OF
COMMUNICATION BETWEEN THE CITY AND THE R.T .D. BOARD . Councilman Mann seconded
the motion .
After discussion , the moti on and sec ond were withdrawn .
COUNCILMAN SOVERN MOVED TO SEND A LETTER FROM ENGLEWOOD CITY COUNCIL
TO THE ARAPAHOE COUNTY COMMISSIONERS AND THE REGIONAL TRANSPOR TATI ON DISTRICT
OBJECTING TO THE LACK OF ACCOUNTABILITY THAT THE R. T . D. BOARD HAS TO THE PUBLIC
AT LARGE AND TO THE ELECTED OFFICIALS THROUGHOUT THE DENVER METRO AREA , WITH
COPIES TO BE SENT TO THE LEGISLATORS . Councilman Sm i th seconded the motion .
Upon a call of the roll , the vote resulted as follows :
Ayes : Council Members Williams , So vern, Smith , Brown , Mann ,
Clayton , Taylor .
Nays : None .
The Mayor declared the mo tion carried .
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City Manager McCown presented a memorandum from Chief of Police
Holmes concerning the Civil Defense Program and r ecommending that the various
entities in the south metropolitan area jointly fund and employ Mr . Stan Bush
as the disaster coordinator or civil defense director .
Councilman Sovern expressed concern over the need for a set "gam e -
plan" with full awareness of responsibilities , as well as what the end results
will be .
COUNCILMAN SOVER MOVED TO MEET WITH THE CITY OF LITTLETON , MR .
STAN BUSH , AND THE CITY STAFF CONCERNING THE DEVELOPMENT OF AN EMERGENCY
PREPAREDNESS PLAN . Councilman Smith seconded the motion . Upon a call of
the roll , the vote resulted as follows :
Ayes : Council Members Sovern , Smith , Brown , Mann , Clayton , Taylor .
Nays : Council Member Williams .
The Mayor declared the mot i on carried .
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June 20 , 1977
Page 10
City Manager McC o wn reported that there is now a Retired Employee s
Asso ciation o pen f o r member s hip by all f o rmer City emp loyees .
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City Manager McCo wn presented two reso luti ons received fr om CONSEN SUS ,
one co ncernin g annexation o f the unincorpo rated area o f Arapaho e County west of
S anta Fe Drive between Oxford Avenue and Uni on Avenue and o ne c o ncerning improve-
ments t o Santa Fe Drive and U.S .285 .
******
City Manager McCown presented a letter dated May 31 , 1977 fr om
Governor Lamm regarding activities o f his o ffice and the legislature .
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City Manager McCown expressed his appreciation t o City Co uncil f o r
the Commendatio n he received earlier in the meeting .
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Maurice J o nes , 5020 South Washington , appeared and stated he is
in complete agreement with City Counc il pro viding the money f o r the furnishings
for the Simon Center until the Housin g Autho rity col lects the mo ney .
******
J erry VonFre l lick , 10950 West 26th Avenue , Lakewood , appeared as
a representative o f CO SENSU S and presented a resolutio n passed by their
mo derato rs o n June 17 , 1977 c oncerning pro posed Santa Fe Drive improvements .
This reso lutio n requests the Englewoo d City Co uncil t o establish a firm
policy favo ring realignment o f east-west traffic on Hampden between Bro adway
and Santa Fe t o a one-way c ouplet using Hampden to accommodate westbo und
traffic and Ithaca t o serve eastbound traffic , and t o request the Highway
Commissio n t o pro vide the necessary land and improvements o n Hampden at
Broadway and Santa Fe s o as t o accommodate such a o ne-way couplet alo ng
the Hampden c o rrido r .
May o r Taylor stated this wi ll be discussed at the Ci ty Counci l
study sessio n on July 5 , 1977 .
Mr , Vo nFrellick also presented a reso lution t o be passed by City
Council establishing land use f o r the Arapahoe County Comprehensive Plan
for the unincorpo rated areas no rth and west of Englewood and south o f Sheridan .
RES OLUTION NO. 33 , SERIES OF 1977
A RE SO LUTI ON ESTABLISHING LAND USE FOR THE ARAPAHOE COUNTY COMPREHENSIVE PLAN
FOR THE UNINCORPORATED AREAS NORTH AND WEST OF ENGLEWOOD AND SO UTH OF SHERIDAN ,
COUNCILMAN MANN MOVED TO PASS RESOLUTION NO , 33 , SERIES OF 1977 ,
CounciJJnan S overn seconded the mot i on . Up on a call of the r oll , the vote
resulted as f o llows:
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June 20 , 1977
Page 11
Ayes : Council Members Wil l iams , So vern , Sm i th , Brown , Mann ,
Clayton , Taylor .
Nays : None .
The Mayor declared the mot i on carried .
COUNCILMAN BROWN MOVED TO AMEND RESOLUTI ON O. 33 , SE RIES OF 1977 ,
TO MORE CLEARLY REFLECT PASSAGE BY THE CITY COUNCIL OF THE CITY OF ENGLEWO OD.
Counc ilman Mann seconded the motion . Up on a call o f the r oll , the vo te
resulted as follows:
Ayes: Council Members Williams , Sovern , Smith , Br oWJ'.I , Mann ,
Clayton , Taylor .
Nays : None .
The May or declared the motion carried .
* * * * * *
COUNCILMAN BROWN MOVED TO SET A PUBLIC HEARING ON JULY 25 , 1977
FOLLO WING THE PUBLIC HEARING AT 7 :00 P .M. TO CONSIDER AN APPLICATION FOR
SPECIAL EVENTS PERMIT -BEER , WINE & LIQUOR , FROM THE ENGLEWOOD VOLUNTEER FIRE
DEPARTMENT . Councilman Mann seco nded the motion . Up on a call o f the r oll ,
the vote resulted as f ollows :
Ayes : Council Members Williams , Smith , Br own , Mann , Clayton , Tay lor .
Nays : None .
Abstai n : Co uncil Member Sove rn .
The Mayo r declared the mot i on carried .
******
Co uncilman Sove rn made a brief report concerning the Denver Regi onal
Council of Governments 208 Waste Water Management Plan . He no ted that DRCOG
wi ll be re questing a meeting with the cities o f Englewo od and Littleton
probably s ometime during July .
******
Mayo r Taylor noted there wi ll be a walk t o Wolf Creek fr om Englewood
Dam beginning at 10 :00 a .m. on July 9 , 1977 t o consider alternates for Little
Dry Creek .
******
CO UNCILMAN MANN MOVED TO APPROPRIATE $430 TO PURCHASE 200 TICKETS
FOR THE ENGLEWOOD OLD TIMERS ASSOCIATION TO SEND 200 BOYS AND GIRLS TO ENGLEWOOD
OLD TIMERS NIGHT AT BEAR STADIUM . Councilman Smith seconded the motion . Upon
a call o f the r oll , the vote r esulted as f ollows :
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June 20 , 1977
Page 12
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Ayes : Council Membe r s Williams , Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays : No ne .
The Mayor declared the moti o n carried .
******
There being no further business , May or Taylor ad j o urned the City
Council meeting at 10 :25 p .m.
Deputy City Clerk
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REGULAR MEETING:
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COUNCIL CHAMBEfl
CITY OF ENGL1'WOOD , COLORADO
J une 20 , 1977
J a .
Th e City Council o f the City o f En glewood , Arap aho e County , Colorado ,
met in r egular session on June 20 , 1977 at 7:30 p .m.
Mayor Taylor, presiding , called the meeting to order .
The invocation was given by Ernest Ma rtin , Baha 'i Faith of Englewood ,
4700 South Elati Street . The Pledge of All egiance wa s l ed by Boy Scout Troop #9 2 .
Mayor Taylor asked f or r oll call . Upon the call of the r oll , the
f ollowing were present:
Council Members Williams , Sovern, Sm ith, Brown , Mann, Clayton , Tay lor .
Absent : Non e.
The May or declared a quorum present.
Als o present were : Ci ty Manager McC own
City Attorney Berardini
Acting Personnel Director Brown
Deputy City Clerk Va rner
******
COUNCILMAN SM ITH MOVED TO APPROVE THE MINUTES OF THE RE GULAR CITY
COUNCIL MEETING ON JUNE 6 , 1977 . Councilman So vern seconded the motion . Up on
a call o f the roll , t he vote resulted as follows:
Ay e s: Co un cil Members Williams , Sovern , Smith , Br own, Man n ,
Cl ayton , Taylor .
Nays : None .
The Mayor declared the motion carried .
******
COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL CITY
COUNCIL MEETING ON JU NE 13, 197 7 . Counc ilman Brown sec onded the mot i on . Up on
a call of the roll , the vote resulted as follows:
Ayes: Council Membe rs Williams , Sovern, Smith, Br own, Mann ,
Clayton , Taylor .
Nays: None .
Th e Mayor declared the motion carr ied.
******
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June 20 , 1977
Page 2
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COUNCILMAN CLAYTON MOVED THAT AGENDA ITEM 4e BE MOVED uP FOR ACTI ON
AT THIS TIME . Councilman Brown seconded the motion . Upon a call of the r oll ,
the vote resulted as follows :
A es : Counc i l Members Wil l iams , Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays : No ne .
The Mayor decla red the motion carried .
City Manager Mcc own presented a memorandum from Director of Finance
James c oncerning new liquor license procedures wher e by petitioning of the a r ea
would be the full respo nsibility o f the City . This mem orandum rec ommends hiring
a professional firm o r a part-time perso n t o do the petitioni ng . There wo u ld be
three p e t itions circulated--one in favor of , on e not in favo r of , and o ne neutral .
ity Manager Mccown explained that this procedure change is an effort to provide
a clearer picture of the desires of the residents .
COUNC ILMAN SMI TH MOVED TO ADOPT LIQUOR LICENSE PR OCEDURES UTILIZING
A PROFESSIO NAL FI RM FOR PETITIONING , THIS TO BE EFFECTIVE IMMEDIATELY . Council-
man Sovern seconded the motion .
Co uncilman Mann stated he feels bo th o ptio ns should be left op en for
using a pr ofes sional f irm or a part-time emp l oyee .
Councilman Brown stated he feel s the pe titi o ning should be left out
of the City 's h ands , which c o uld b e easie r accomplished by using a pr of essional
firm .
Upon a call of the r oll, the v ote resulted a s follows:
Ayes : Council Membe rs Sovern , Smith , Br own , Cl ayton , Taylo r . .
Nays: Co un cil Members Wi lli ams , Mann .
The May or declared the motio n carried .
******
COUNCILMAN CLAYTON MOVED TO BRING AGE NDA ITEM "MAYOR 'S CHOICE " UP
AT THIS TIME . Counc i lman Br own s e c ondeQ the m:,tion . Upon a call of the r oll ,
the vote resulted a s follows:
Ayes: Council Membe r s Wi lliams , Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays : None .
The May or declared the mot i on carried .
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June 20 , 1 977
Page 3
May o r Taylo r p resented a Comnendatio n t o City Mana g er McC own co mmen ding
him f o r the pub l ication o f his article entitled "Referendum Impasse Plan Wo rks
in Eng l ewood , Colorado " in the June 1977 issue o f the Lab or Management Relatio ns
Service nati onal news l etter.
******
Paul H. Da ghlian , 7169 South Webster Stree t, Littleto n , and Do ug
Johns o n , Attorney , 1337 Delaware Street, Denver , appeared t o request a public
hearing date on a liquor l i c ense application for Paul 's Restaur a nt and Piz zer ia ,
3452 So uth Fox Str eet , Englewo o d .
COUNCILMAN SM ITH MOVED TO SET A PUBLIC HEARING ON JULY 25 , 1977 AT
7 :00 P .M. IN THE CITY COUNCIL CHAMBERS FOR A LIQU OR LICENSE APPLICAT IO N FROM
PAUL H. DAGHLIAN AND SH AKE DAGHLIAN , D/B /A PAUL 'S RESTAURANT AND PIZZERIA ,
34 52 SOUTH FOX STREET , ENGLEWOOD ; AND SE'ITING A ONE -MILE RADIUS AREA . Co unci l -
man Mann sec onded the mot i on . Upon a call of the r oll , the vo te resulted as
f o llows :
Ayes : Co uncil Members Williams , Sovern , Smith , Bro wn, Mann ,
Clayt on , Taylo r .
Nay s : None .
The May or d e cl ared the motion carried .
******
Marvin J ohn son, 4220 So uth Hur on Street, appeared c o n cerning enforce-
men o f the animal c ontrol o rdinance. Mr . Johnson stated he feel s the ordinance
s hould be changed to prov ide greater restrict i ons and t o be mo re specifi c .
Mr . J ohns on 's spec ific problem concerns a rabbit lot in his neighbo rhoo d ,
whi ch has bee n taken up in court .
Co uncilman Smi th reque sted a revi ew o f this case by the City Atto rn ey
with a repo rt back t o City Co un cil .
* * * * * *
Leo G. Mills , 4901 South Delawa re Street , appeared t o request an
e nc r oachme nt into the City 's right-o f -way o n the no rth and east sides o f hi s
pr operty f o r the installation o f a 42-inch c hain l ink f ence . The encro achment
wo u l d be eight feet o n the no rth side, which is adjacent to West Chenango
Ave nue, and three feet o n the east side , which is adjacent t o So uth De l aware
Str e et. The City 's only recommended st i pulatio n is that t h e fence have a
mini mum one -f oot setbGc k fr om the back o f the sidewalk .
COUNCILMAN CLAYT ON MOVED TO GRANT THIS ENCROACHMENT RE QUEST .
Councilman Man n sec onded the moti on . Upon a call o f the r o ll , the v ote
resulted as f o llows:
Ayes : Council Members Williams, Sovern , Smith, Brown, Mann ,
Cl ayto n , Taylor •
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June 20 , 19T7
Page 4
Nays: No ne .
The May o r declared the motion carried .
* * * * * *
"Communications-No Action Recommended " o n the agenda were received:
a . Minut e s of the Planning and Zoning Commission meeting
o f May 3 , 1 977 .
b . Minutes of the Plann ing and Zoning Commission meeting
of June 7 , 1977 .
c . Minutes of Career Se rvice Board meeting of May 19 , 1977 .
d . Minutes of the Polic e Pension Board meetings of June 3 ,
1977 and June 7 , 1977 .
e . Minutes of the Fire Pension Bo ard meeting of June 2 , 1977 .
f . Minute s of the Denver Regional Council of Go vernments
meeting of May 18 , 1977 .
g . Financial Report fo r May 1977 .
* * * * * *
City Manage r Mccown presented a rec ommendatio n from the Parks and
Recreation Commis sion that 6" x 14 11 oak framed plaques with Micarta insets
giving the nam e o f the person t o be mem oral ized b e use d for the eleven rooms
(do no rs of $2 ,000 and over) at the Elsie Malley Centennial Ce nter and that
2" x 5" plaques be used for the names o f thos e contributing $156 t o $1 ,500 .
Mr . Mcc own noted this is also the rec ommendati on fr om the architect of the
proj ect .
COU NCILMAN BROWN MOVED TO ACCEPT THIS RECOMMENDATION FROM THE
PARKS AND RECREATION COMMISSIO N, AS WELL AS THE ARCHITECT . Councilman
Smith seconde he motion . Upon a call of the roll , t h e vote resulted
as f ollows:
Ayes : Counci l Members Williams , Sove r n , Smith , Brown , Mann ,
Clayton , Taylor .
ays: None .
The May o r declared the motion carried .
******
City Manager Mcc own prese nted a recommendation from the Parks and
Rec reation Commission that City Council pass an ordinance a llowing f o r the
consumption o f 6~ beer in city parks on a trial basis for a period of one
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June 20 , 197'7
Page 5
year , at which time the ordinance would c e ase to be looked at again with reg ard
t o problems there may have been , how enforcea ble the o rdinance was , etc .
Mr . Mcc own stated that Directo r of Parks and Recreation Romans favo rs this
recommendation but has serio us reservati ons ab o ut allowi ng beer at certain
special events . Mr . McCown also s tated t hat Chief of Polic e Holmes feel s
there are serious pr oblems involved with r equiring 6% beer and with consump-
tio n of beer at special events s uch as ball games .
COUNC ILMAN SOVERN MOVED TO RECEIVE THIS RECOMMENDAT ION FROM THE
PARKS AND RECREATI ON COMMISSION AND TO PLACE IT ON THE AGENDA FOR THE FIRST
REGULAR CITY COUNC IL MEETING IN AUGUST . Councilman Man n second ed the motio n .
Cou ncilman Sm ith recommended Counc i l 's cons iderati o n of having
this item as a r eferendum on the ballot .
Councilman So ve rn requested a legal o pinion fr om the City Atto rney
re gar ding the c o ncerns o f the Director of Parks an d Re c re ati o n and the Chief
o f Police .
May o r Tayl o r requested Co uncil 's considerati on o f designating one
park f or allowi ng beer co nsumptio n where picnics and other special events
c ould be held .
Co un cilman Sovern also requested a legal o pinio n from the City
Atto rney on how to handle speci fic cases where beer an d alcohol a r e served ,
other than in the parks .
Upon a call o f the r o ll , the v ote resulted as follows :
Ayes: Cou ncil Members Williams, Sovern , Smith , Br o wn , Mann ,
Clayton , Tay lor .
Nays: None .
The May o r declared the mo tio n c arried .
* * * * * *
City Manager Mc Cown p r esented two recommendations from the Water
and Sewer Board : (1) f o r appr o val o f a co ntract t o lease 2 ,000 acre feet o f
agricultural wa er t o Central Colorado Water Conservancy Dist rict i n 1977 at
$10 per acre foot ; and (2) for approval o f a contract to l ease 1 ,000 ac r e
feet of agricult ral water to Gr ound Water Appropriato r s of the South Platte
River i n 1977 at $10 per acre foo t .
COUNCILMAN SOVERN MOVED TO AUTHORIZE THE MAYOR TO E TER INTO
AGREE MENTS WI'l'H c .c .w.c .D. AND G.A.S .P .' AN D THAT THE AGREEMEN TS WE :!AVE
BEEN CONSIDERING BE AMENDE D TO PRO VIDE THEM WITH WATER IN PROPORTION TO
THEIR RE QUEST S FOR THAT AM OUNT WHICH IS AVAILABLE FROM DIRECT FLOW TO BE
OB TAIN ED DURING THE YEAR 1977 FROM THE RANCH CREEK PROJECT . Councilman
Smi th seconded the moti on . Up on a call of the r o ll, the vote re sulted
as f ollows :
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June 20 , 191"7
Page 6
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Ayes: Council Members Williams , Sovern , Smith , Brown , Mann ,
Clayton , Tayl or .
Nays : None .
The Mayor declared the motion carrie d .
******
COUNCILMAN CLAYTON MOVED TO APPROVE THE 3 , 2 BEE R LICENSE RENEWAL FOR
SPORT BOWL , 3295 SOUTH BROADWAY , ENGLEWOOD . Councilman So vern seconded the
motion . Up on a call o f t h e roll , the vote re sulted as follows :
Ayes: Council Members Wi lliams , Sovern , Smith , Brown, Mann ,
Clayton , Taylor .
Nays : None .
The Mayor declared the motion carried .
******
COUNC ILMAN CLAYTON MOVED TO APPROVE THE 3 .2 BEER LICENSE RENEWAL FOR
BOB 'S GROC ERY , 3296 SOUTH WASHINGTO N, ENGLEWOOD . Councilman So~ern seconded
the motion . Upo n a call of the r o ll , the v ote resulte d as foll ows :
Ayes : Council Members Williams , So vern , Smith, Brown , Mann ,
Clayton , Tay lor .
Nays : No ne .
The Mayor declared the motion carried .
******
INTRODUCED AS A BILL BY COUNCIL MEMBER SOVERN
BY AUTHORITY
ORD INANCE NO . 14
SERIES OF 1977
AN ORDI ANCE AUTHORIZING A CONTRACT WITH THE STATE OF COLORADO FOR THE USE AND
BENE FIT OF THE DEPARTMENT OF HEALTH , WATER QUALITY CONTROL COMMISSION , AND THE
ITY OF ENGLEWOOD TO CONSTRUCT BACKWASH WATER TREATMENT FACILITIES AT THE ALLEN
AID BEAR CREEK WATER TREATMENT PLANTS .
COU CILMAN SO VERN MOVED TO PASS ORDINANCE NO . 14 , SERIES OF 1977 ,
O FI NAL READING . Councilman Mann seconded the motion . Upon a call of the
r oll , the vote resulted as follo ws:
Ayes : ouncil Members Williams , So ve r n , Smi th , Brown , Mann ,
Clayton , Taylor .
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June 20 , 1977
Page 7
Nays: None .
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The May or declared the motion carried .
* * * * * *
INTRODUCED AS A BILL BY COUNCI L MEMBER SMITH
BY AUTHORITY
ORD INANCE NO . 15
SERIES OF 1977
AN ORDINANC E AMENDING SECTION 3 , CHAPTER 5 , TITLE I, AND SECTION 7 , CHAPTE R 2 ,
TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY CHANGING THE TITLE OF PERSONNEL
DIRECTOR TO EMPLOYEE RELATIONS DIR ECTOR .
COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO . 15 , SER IES OF 1977 ,
ON FINAL READING . Councilman Clayton s econded the motio n . Up on a call o f
the roll , the vote resulted as follows:
Ayes : Council Members Williams , Sovern , Smith , Br own, Mann,
Clayton , Taylor.
Nays: None .
The May or declared the motion carried .
* * * * * *
City Attorney Berardini presented a Bill for an Ordinance repealing
and reenacting secti ons o f the Englew oo d Municipal Code entitled "auto wrecking
and junk yards". He recommended sending this to the Planning and Zoning
Commission f or further recommendatio ns .
COUNCILMAN CLAYTON MOVED TO POS TPONE THIS BILL FOR AN ORDINANCE
UNTIL A LATER DATE . Councilman Mann seconded the moti on.
Darlene Musselman , Musselman Aut o Wrecking and European Auto
Wrecking , appeared and presented questions, which wer e ans wer ed by City
Attorney Berardini •
Upon a call o f the roll , the vote resulted as follows:
Aye s : Council Members Williams , Sovern , Smith , Brown , Mann ,
Clayton, Taylor .
Nays: None .
The May or declared the motion carried .
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June 20 , 1977
Page 8
Ci ty Attorney Berardini gave a brief report concerning filing suit
aga inst the ar shredder operati on on West Oxford Avenue , He stated that
Denver Metals has filed a law suit against the Arapahoe County Commissioners
attacking heir rul ing denying Denver Metals ' Certificate o f Designation and
the fact that they d o no t come under the law relating t o s olid waste . Denver
Metals is ask ing that they be permitted to begin operatio ns as of July 15 ,
1977 , Mr . Berardini stated he has filed a suit against Denver Metals in
Arapahoe Co unty District Cou rt and has asked for an inj unction prohibiting
them from proceeding on the basis that they built a substantial portion o f
the car shredder in a flood plain and that they failed to comply with the
co unty sub-divisi on regulations , as well as the state regulations dividing
land without filing a sub-division plat . Mr . Berardini noted there will be
a sitting concerning the City 's mo tion o n June 23 , 1977 and a hearing on
Denver Metals ' motion on July 13 , 1977 ,
COUNCILMAN CLAYTON MOVED THAT CITY COUNCIL RATIFY AND APPROVE THE
ACTION TAKEN BY THE CITY ATTORNEY CONCERNING DENVER METALS AND THE CAR SHREDDER
OPERATION . Councilman Smith seconded the motion . Upon a call of the roll , the vote resulted as follows :
Ayes: Council Members Sovern , Smith , Brown , Mann , Clayton , Taylor .
Nays : Council Member Williams .
The Mayor declared the motion carried ,
******
City Manager McCo wn presented a re soluti o n amending the Six-Quarter
Budget t o appropriate $35 ,000 t o the Englewood Housing Authority to pro vide
furniture and fixtures for the Simon Cente r, Mr . Mcc own noted this mon ey wil l
be returned to the City once the Housing Au thori t y has collected the money .
RESOLUTION NO , 32 , SERIES OF 1977
A RESOLUTION AMENDING THE SIX -QUARTER BUDGET.
COUNCILMAN MANN MOVED TO PASS RESOLUTION NO . 32 , SERIES OF 1977 ,
Counc ilman Sovern seco nded the motion . Upon a call of the roll , the vote resulted as f ollows:
Ayes : Counc il Members Williams , Sovern , Smith , Brown, Mann ,
Clayton , Taylor .
Nays : None .
The Mayor declared the motion carried .
******
City Manager Mcc own presented a letter fr om the Arapahoe Co unty
Board o f Commissioners submitting the name of John R . Cr owley f or reappoint-
men t to the Board o f Directors of the Regional Tr ansportation District for
a four-year term ending July 1 , 1981 .
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Pa ge 9
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COUNC ILMAN CLAYTON MOVED TO APPROVE THE REAPPOINTMENT OF JOHN R. CROWI
AS A REPRESENTATIVE OF ARAPAHOE COUNTY TO THE R.T.D. BOARD . Councilman Brown
seconded the moti on . Upon a call o f the roll , the v ote resulted as follows :
Ayes: Co uncil Membe r s Williams , So vern , Br own , Clayton , Taylor .
Nays : Co uncil Memb ers Smith , Mann .
The May or dec lared the moti on carried .
COUNCIIMAN CLAY TO N MOVE D THJ.T THE CI TY MANAGER AND MAY OR DRAW UP A
LE'ITER TO THE R.T.D. BOAR D STATING CI TY COUNCIL 'S CO NC ERNS OVER THE LACK OF
COMMUNICATION BE TWEEN THE CITY AND THE R.T.D. BOARD . Councilman Mann seconded
the mo t ion .
Afte r d i scus s i on, the moti on and sec ond were withdrawn .
COUNC ILMAN SOVER N MOVE D TO SEND A LE'I'I'ER FROM ENGLEWOOD CITY COUNCIL
TO THE ARAPAHOE CO UNTY CO MMISSIONERS AN D THE REGIONAL TRI.NSPORTATI ON DI STRIC T
OBJECTING TO THE LACK OF ACC OUNTABILI TY THAT THE R.T.D. BOARD HAS TO THE PUBLIC
AT LARGE AND TO THE ELEC TED OFFI CIALS THRO UGHOUT THE DENVER METR O AREA , WITH
COPIES TO BE SENT TO THE LEGISLAT ORS . Coun cilman Smith sec onded the moti on .
Upon a call of the r oll, the vote resulted a s fol l ows :
Ay es : Coun cil Members Williams, So ve rn, Smith , Brown , Mann ,
Clayton, Taylor.
Nays : No ne .
Th e Mayo r declared the moti on c arried .
* * * * * *
City Manager McCown pre sent ed a mem orandum from Ch i ef of Police
Holmes con cerning t he Civil De fens e Pr og r am a nd recomm ending that the vari ous
e ntit ies i n the south metropolita n a rea joi nt l y fund an d employ Mr . Stan Bush
as the disaste r coordinator o r civil defense direc t or .
Counci lman Sovern expressed concern over the need for a set "g ame -
plan" with full awareness of responsibilities , as well a s what the end resul ts
will be .
COUN CILMAN SOVERN MOVED TO MEET WITH THE CITY OF LITTLETON , MR .
STAN BUSH , AND THE CITY STAFF CON CERNING THE DEVELOPMENT OF AN EMERGENCY
PREPAREDNESS PLAN . Councilman Smith seconded the moti on . Upon a call o f
the roll , the vote r e sulted as f ollows :
Ayes : Counc il Members Sovern , Smi th , Brown , Mann, Clayton , Taylor .
Nays: Counc il Me mb e r Williams .
Th e Mayor de cl ared the motion c arri e d .
* * * * * *
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June 20 , 1977
Page 10
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City Man age r McCo'WI! repor t e d tha t there is now a Retired Employees
Association o pen fo r membe r ship by all fo rm er City employ e es .
* * * * * *
City Manager McCo'WI! pr esented two resolutions received from CO SENS US ,
one concerning annexation of the un i ncorpo rated a r ea of Arapahoe County west of
Santa Fe Drive be ween Ox ford Avenue an d Uni on Ave nue and one concerning imp r ove-
ments t o Santa Fe Dr ive and U.S .285 .
* * * * * *
City Manage r McCo 'WII presented a let ter d ated May 31 , 1977 f r om
Governor Lamm regarding act i v itj.e s of his offi ce an d the legislature .
* * * * * *
City Manager McCo'WTI expressed his a p pre c iation t o City Co uncil for
the Commendation he rece i ved ear l ier in the meeting .
* * * * * *
Maurice Jones , 5020 So uth Washin gt o n , appe a r ed and stated he is
in complete agreement with City Co uncil providin g the mo n e y f o r the furnishings
or the imon Ce nter un t i l the Ho using Autho rity colle cts the money .
* * * * * *
Jerry VonF r elli c k , 10950 West 26 th Ave nue , La kewo od , appeared as
a representative o f CONS ENSUS and presented a res olutio n passed by their
moderators o n June 17 , 1977 c oncerning proposed San t a Fe Drive ifilprovements .
This resolution reque s t s the Englewood City Co uncil t o establish a f i rm
po licy favoring reali gnmen t of east-west traf fi c on Hampden between Broadway
and Santa Fe to a o ne-way couplet using Hampden t o acc ommo d ate westbound
traffic and Ith ac a to s erve eastbo und traffic , and t o reque st t he Hi ghw ay
Comm ission to pr ovide the nec es s ary l an d and impr ovement s on Hampden at
Broadway and Santa Fe so a s t o acc ommo dat e s uch a o n e -way couplet alo ng
the Hampden corridor .
Mayor Taylor stated this will be discussed a t t he Ci ty Co un c i l
study session on July 5 , 1977 .
Mr . VonFrelli ck also present ed a reso lution to be passed by City
Council establishing land use for the Ar apah oe County Comp r ehens~ve Plan
for the uninc orporate d a r eas no r t h and west of Englewood and south of Sheridan .
RESOLUTION NO . 33 , SERIES OF 1977
A RESOLUTION ESTABLISHING LAND USE FOR THE ARAP AH OE COUNTY COMPREHENSIVE PLAN
FOR THE UNINCORPORA TED AREAS NORTH AND WEST OF ENGLEWOOD AN D SOUTH OF SHERIDAN ,
COUNCILMAN MANN MOVED TO PASS RE SO LUT ION NO . 3 3 , SERIES OF 1977 .
Councilman Sove rn s e co nde d the mo ti on . Up on a call of t he r oll , the vo t e
resulted as fol lows :
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June 20 , 1971
Page 11
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Ayes : Council Members Williams , Sovern, Sm ith , Brown, Mann ,
Clayton , Taylor .
Nays: None .
The May or declared the motion carried .
CO UNCILMAN BROWN MOVE D TO AMEN D RES OLUT ION NO. 33 , SERIE S OF 1977 ,
TO MORE .CLEARLY REFLECT PASSAGE BY THE CITY CO UN CIL OF THE CITY OF ENGLEWO OD.
Councilman Mann seconded the motion . Up on a call of the r oll , the vote
result e d as f ollows :
Aye s : Co uncil Members Wil l iams, So vern , Smith , Brown , Mann ,
Cl ayton, Taylor .
Nays: None .
The May or declared the motion carried .
******
COUNC ILMAN BROWN MOVED TO SET A PUBLIC HEARING ON JULY 25 , 1971
FOLLOWING THE PUBLIC HEARING AT 7: 00 P .M. TO CONSIDER AN APPLICAT ION FOR
SPECIAL EVENTS PERMIT -BEER , WINE & LIQUOR, FROM THE ENGLEWOOD VOLUNTEE R FIRE
DEPARTMENT . Councilman Mann seco nded the mot ion . Up on a call of t he r o ll ,
the vote resulted as f ollows:
Ayes: Council Members Williams, Smith , Brown , Mann , Clayton , Tay lor .
Nays : None .
Abstain : Council Member Sovern .
The May or declared the motion carried .
******
Coun cilman So vern made a brief report co ncerning the Den ver Regional
Co uncil of Governments 208 Waste Water Man agement Plan . He noted that DRCOG
will be requesting a meeting with the cities o f Englewo od and Littleton
probably some time during July .
******
May o r Tay lor noted there will be a walk to Wolf Creek fr om Englewood
Dam beginning at 10 :00 a .m. on July 9 , 1977 to cons ider alternates f or Little
Dry Cre e k .
******
COUNC ILMAN MANN MOVED TO APPROPRIATE $430 TO PURCHASE 200 TICKETS
FOR THE ENGLEWOOD OLD TIMERS ASSOCIATION TO SEND 200 BOYS AND GIRLS TO ENGLEWOOD
OLD TIMERS NIGHT AT BEAR STADIUM , Councilman Smith second ed the motion . Upon
a call of the roll , the vote resulted as follows:
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June 20 , 1977
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Ayes: Council Members Wi lliams , Sovern , Sm ith , Brown, Mann ,
Clayton , Taylor .
Nays: No ne .
The Mayor declared the motion carried .
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Th ere being no f u rthe r business , Mayor Taylor adjourned the City
Council me eti n g at 10 :25 p .m.
Deputy City Clerk
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FIREMEN'S PENSION BOA.RD
Minutes of June 16, 1977 Meeting
The Firemen's Pension Board of the City of Englewood met on June 16,
1977 at 7:00 p.m. with the following Board Members present: Jim
Blumenthal, Oliver Giseburt, Grayson Hartley, Loren Ward, and William
James. Board Member James L. Taylor was absent. Also present were:
Bernard V. Berardini, City Attorney; William Hamilton, Fire Chief;
Dr. Hoffer; and Dick Edison, President of Firefighters Association.
* * * * * * *
Board Chairman Hartley stated the purpose of this meeting was to
continue the meeting previously held concerning Darold Foreman's
request to withdraw his disability application.
City Attorney Berardini stated that Darold Foreman does have the
right to request withdrawal of his disability application and that
the other option would be for the City to file a disability retire-
ment on Mr. Foreman.
BOARD MEMBER GISEBURT MOVED TO APPROVE DAROLD FOREMAN'S REQUEST TO
WITHDRAW HIS DISABILITY APPLICATION. Board Member Blumenthal seconded
the motion, and the vote resulted as f ollows:
Ayes: Board Members Blumenthal, Giseburt, Hartley, Ward .
Nays: Board Member James.
Absent: Board Member Taylor.
The motion was carried.
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BOARD MEMBER JAMES MOVED TO ADJOURN THE MEETING. Board Member Giseburt
seconded the motion, and the motion passed by a unanimous vote •
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POLICEMEN'S PENSION FUND
Minut es o f June 21 , 1977 Meeting
The Policemen's Pension Board of the Ci ty o f Englewood met on J un e 21 , 1977
at 3 :00 p.m. with the following Board Memb e rs present : James L. Taylor, J . L.
Leydon, and William D. James. Also present we r e : City Attorney Berardini ;
Chief of Police Holmes; Dr. Hoff e r; Bill Kea t ing , Attorney representing Ronald
P eters ; Ronald Peters, applicant for disability retirement; Dr. Berk and
Dr . Bushnell, doctors for the applicant.
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Board Member James stated the first item on the agenda was a request for
refund of pension contributions from Charles Riddle effective Jun 1 5 , 1977.
BOARD MEMBER LEYDON MOVED TO REF UND THE PENSION CONTRIBUTIONS TO CHARLES
RIDDLE . Board Member Taylor seconded the motion, and the motion passed by
a unanimous vote .
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Board Memb er James stated the next item on the agenda was to hold a hearing
on a disability request from Ronald Peters. The following testimonies we r e
r eceived:
Dr. Berk -Dr . Berk stated that Ronald Peters does have a permanent disability
in the knee and back, both of whic h can be affected by rid i ng in a car, runnin g
after a suspect, or sitting for long periods of time , but that Mr . Peters c ould
per fo r m light-du t y assignment such as sitting at a desk . Dr. Berk stated he
would fail Mr. Pe ters on a physic al basis if he applied as a po lice officer
today in that he would not release him now to return to work . Dr. Berk furthe r
stated that Ronald Peters would probably reach maximum improvemen of both his
knee and back i n a pproximately one t o two months. I n clos ing, Dr. Berk stated
that he would recommend Ronald Peters be g ranted a disability retirement .
Ronald Peter s -Ronald Peters stated he has had constant flare-ups of bac k
trouble over the past several years and has r e tarded back movement. He stated
he has been using num erous medications to alleviate the pain in his lower
back. Mr. Peters related a numb e r of on-the-job injuries since June of 1976.
He stated he cannot run or walk fo r long distances. He also s t ated that both
kidneys are diseased and that he has some shrinkage of the right kidney. Mr.
Peters stated he has gout , w3rts, and related other numerous medical problems
as a basis for applying for medical disability .
Dr. Bushnell -Dr. Bu shnell stated that Ronald Peters has a 50% loss of kidney
f unction and c ould have complete kidney failure at some time in his life,
although this is not cer t ain at this time. He stated it is not a dv iseable
fo r Ro nald Peters to be placed in a situation where damage could be done to
the kidneys, and that an auto accident or blow to the kidney co uld res ult i n
com plete failure .
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Page 2
June 21, 1977
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Dr. Hoffer -Dr. Hoffer stated that Ron ald Peters cou ld perform less strenuous
duties o t her than those of a patrol officer. He agreed with the other doctors'
opinions as far as Mr. Peters ' medical problems.
BOARD MEMBER TAYLOR MOVED TO GO INTO EXECUTIVE SESSION. Board Member Leydon
seconded the motion, and the motion passed by a unanimous vote.
BOARD MEMBER TAYLOR MOVED TO RECONVENE THE HEARING. Board Member James seconded
the motion, and the motion passed by a unanimous vote .
BOARD MEMBER LEYDON MOVED TO APPROVE THE DISABlLITY RETIREMENT OF RONALD PETERS
EFFECTIVE JUNE 21, 1977 AT 50 % DISAB ILITY RETIREM ENT . Board Member James
seconded the motion, and the motion passed by a unanimous vote.
City Att0rney Berardini stated the Board has reached its decision to grant a
50% disability retirement rather than 70 %. He added that the Board Members
do not feel that Ronald Peters' disabilitie s will restrain him from finding
additional work at a later date. Mr. Berardini stated there will be written
findings of fact in twenty days, and the applicant has thirty days to file
an appeal under Section 106 •
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Eng l e woo d Wat e r Boa r d
Re gular Meeting
Jun <' 2 1 , I '1 77
The meeting was calle d to order at 5:00pm by Chairman Schnacke nberg.
Members pre se nt:
Members absent:
Also present:
Ull e ry, Best, Mann, Gibson, Schnacke nberg.
Sove rn, Taylor, Babcock.
Hank Bradshaw; acting Director of Utilities.
I. REQUEST FOR WATER SERVICE FROM AMOS BARTON FOR GREENWOOD
HIGHLANDS #2
Hr. Bradshaw reviewed this request which resulted from Denver's
water tap limits. Fifte en homes of the 37 to be built are already
hooked to Denver's system but Denver won't accept any more. There-
fore, Mr. Barton wishes to disconnect from Denver's system and
arrange for Englewood to service all 37 lots.
There were questions from the Board a s to whethe r our system in
that area of S. Clarkson at Belleview could handl e the additional
load without probl e ms .
In conjunction with thi s request, the subject of raising water
tap fees came up, since Englewood will likely be receiving more
such requests and since our water tap charges are well below the
average in the me tro area .
Mr. Best moved;
Ms. Ull e ry seconded: That the Wate r Board recommend
to City Council that the water
tap fee for a 3/4 " residential
tap inside c ity be changed to
$1000, othe r s ize taps to be
calculate d from that as a bas e
rate , and outside city taps to
r e main at 150% of comparable
in s id e r a l eb , and thal thi s chang e
be mad e as s oon a s pos s ible .
Th e moli o n pa s ::;e <l un nnimou s ly .
After th e motion pa ss ed, Mr. Brad t;haw presc.:nte d a me mo randum fr om
Mr. Waggon e r a s kin g for jus t such a c ha ng e in tap f e es .
The Board r e turned to discussion of the request for water servic e
to Greenwood Highlands ~n and wished to communicate to Mr. Barton
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that th e> Bo.'.l rd i.:; .,; 1 lin g Lo con s id"r Lh r r qu rs l hut i s un abl e,
to make a (i r P1 cu11u 11 ill111 c nl wiLhuul., \di iono1l in[o1111 ati u n.
II. NE W REQ UEST FUR WAT ER SERV lCE FOH ''TIIE Hr:S ERVI·:"
A requ e s t for wate r servi ce t o th i.s an·.~ o n S . Univ<>rsi t y s o uth
of Ha mpd e n c ame b efor e Lh e Board pr c vi o u .,l y .'.l nd wa ,, approved .
That d c v e lop,·r pul l<'d u11l and Lh e an·a i:, n o w lo b v d e ve lop e d by
Amos Barton. He pla n s Lo fo llow Lh e o ri g inal p l.111".
After some t.Jlk , th e Bo ai:d a s k e d th e ~L«(f Lo d <'L,·11n i.n e if a n e w
agr eement n eed ed to b e e nacte d or if th e> ori gi nal o ne wa s still
acceptabl e .
III. SUPPLEMENT 1/6 TO VALL EY SANITATION DISTR ICT
This supplement i s for a Safeway s tor e at the s outhe ast corner of
Belle vi ew and S. Irving St.
Mr. Gib son mo v d;
Mr. Bes t SLCO n d e d: That th e Board rc>commend that
City Co uncil approve Suppleme nt
#6 to Vall ey Sanitation Di str ict .
The moti o n passed unanimously.
IV. SUPPLEMENT //54 TO SOUTHGAT E SANITATION DLSTRI CT
There n ot b e ing s uffici e nt information;
Mr. Mann moved;
Ms. Ull e ry second e d: Thal th e mattl'T be d efe rred to
the 11L x t met•L ing .
The mo tio n pass e d unanimou sly •
V. AMMENDMENT TO DISTRIBUTOR'S CONTRACT i/7 CHERRY HILLS RANCHO
WATER AND SANITAT ION DISTRICT
Thi s amm e ndme nt wo uld invu l ve s upply ing wat e r Lo th e llill Matsc h
prope rty known a s ·170 1 S. Co rona St.
After bril'f d i s t u ~ i ,,n,
Mr. Gib son mo v e d;
Mr . ll<'S l .i CCO ncl r d: 'l'ha t tlw Boa rd re>c omme ri d to Ci ty
Co un c il. appr o val o[ the ammendmenl
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to Dl s t r ihutor s Co ntract 17 wi t h
Cherry Hill s Ra n c ho Wate r a n d
Sani t ati on Di s tr ict t o s e r v e
wa t er t o t he Bi ll Mats c h pr o pe r t y
at 370 1 S . Co r ona St.
Th e mot i o n pa ssed unanimou s l y .
VI. OTHER ITEMS
Mr. Sc hnacke nbe r g mad e a sugge stion that City Council conside r
re-wr i ting Ord i nan ce 15-3-48 .
It now r e ads:
"Sprinkling of gardens, lawns a nd wa s hing of s idewalks
or other outside water use shall be done only by u se
of a noz z le or nozzles having an outflow aperture no
large r than one-fourth inch in diameter."
As it stands, it would preclude use of bubblers and othe r e f fici e nt
hand watering techniques.
There was some d is cuss i on of the increasing chanc e s for s e lling
wate r to Thornton, the Willows Water Distr ic t and o t he r s , es pe c ially
since De nver i s in a pos ition o f having i ns ufficient wate r t o se rve
them.
The pos s ibility o f selling Ranch Cr eek to pay fo r the wa t e r s y s t em
renovation wa s mentione d once again.
Mr. Schnac kenbe rg distributed a memo on wa t e r r ates base d on i nf or -
mation he rece ive d from Mr. Carroll.
The me e ting adj ou r ne d a t 6 :35pm •
~y~)
J ef fr e y Shu 1 t z
Re c ording Se c r e t ary I • •
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SUBJECT:
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MEMORANDUM TO T HE ENGLEWOOD CITY COUNC [L HEGAR UING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER All) SE WER BOARD
June 21, 1977
WATER TAP FEES
RECOMMENDATION: That the City Coun ci l increa se the water tap f ee
for a 3/4" residential tap inside city to 1000$,
other s i z e taps to be ca l c ul a t e d from that as a
base rate (see memo from Mr. Wagg oner), and outside
city tap s to remain at 150% of comparable inside
rates, and that this change be made as soon as
possi bl e .
Res pec tful Ly s ubmi tted , .
f.NGLEWOOD WATER AND SEWER BOARD
Bv:
;;W:-e=r=-n-=-c ::r-S;:-c:-h;:'.n=-a=-c:;k;:-e-n:;b;:-e-r-g-,--:C::-:l-1a...,i,-r-11'1 H'-'
Attac hm en t /tl
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FROM,
SUaJKT,
Andy Mccown, City Manage r
Kells Wa ggo ner
WATER TAP FEES
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INTER.OFFICE
IAf'J,;or:1.,,DuM
DATls June 17, 1977
Attached is a recap of water tap fees as of July, 1976 for several
cities within the metropolitan area. As you can see, Englewood's
tap fees are far below any other city's listed; therefore, it would
be my recomme ndation that the City of Engle wood increase its tap
fees to the following:
3/4"'--------------$
1• ----------------
1 1;2• ------------
2" ----------------
3" ----------------
4" ----------------
1,000
1,800
4,000
7,200
16,000
28,800
The $1 ,000 for the 3/4" tap is a little bPlow the average of the
other cities and still stays below what Denver charges in the event
that we have a chance to sell outside the city limits of Englewood.
The costs for the other size taps are based upon comparable flow in
comparison· to the 3/4"-that is, since the 1 1/2" tap ca.rries 4 times
as much water as a 3/4", then the cost would be 4 times as much.
In view of the fact that Denver has restricted its taps, there may be
a chance that Englewoo4 could pick up some additional customers;
therefore, we should increase our tap fees as soon as the proper
ordinances can be prepared. k-t:>~
Kells Waggoner
Director of Public Works
KW/ls
cs: B.V. Berardini, City Attorney
H . Br adshaw, Ac ting Utlliti ns nircctor
G. Diede , Director of Euyi11c1aring Service s
All,1d1.
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( Comparative Tap Fee s July/'76
3/4" l" 1-1/2" 2" 3" 4" Arvada 1,225 2,230 5,800 11,110 26,800 51,600
Aurora 1,400 2,500 . 5,600 10,000 22,500 40,000
Boulder 850 1,530 3,400 6,120 13,600 23,800
Broomfield 1,275 2,290 5,250 9.205 12"=675 ,000 (t>,•,,wn:.
Denver 1,125 2,025 4,725 8,550 20,250 40,500 I
Englewood 400 500 750 900 1,500 3,000 /";:_ ll..,ooo.oc.
Morrison 800 970 1,220 1,470 l ,810 2,300
Thornton 1,500 2,000 4,000 8,000 16,000 24,000
Westminster 1,000 1,558 3,027 4,847 8,975 14,973
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SE WER BOARD
June 2l , 1977
RECOMMENDATION:
SUPPLEMENT H 6 TO VALLEY SANITATION DISTRICT
That the City Council approve Suppleme nt #6 to
Valley Sanitation Di s trict,
Resp ec tfully s ubmitted,
ENGLEW OOD WATEI< ANO SEWER BOARD
\ ll y =------.,....~---:,,--,----,.:,-
Wc r11 ,• ,· Sc hnack e nbe rg, Ch ai rma
AttachmC'11t 1,J
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SUBJECT:
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MEMUH.AN JlllM 'JO 'J'fll,; 1-:NC:l.h/lH Jli 1 ,TY •;11JIN CI I . l<J·.1:AJW JNC ACT JON
OR REC OMMEND ATION OF TH I; n,<:f.EWUllll WATER ANO S EWEk. BOARD
June: 2 l, I 'l 77
AMMENDMENT TO DISTRIBUTOR 'S CONTRACT it7 CHERRY
HILLS RAN CH O WATER AND SANITATION DISTRICT
RECOMMENDAT ION:
Th a L t h e City Co unc i 1 appr ove the arranendmen t to
l he D;s tribu t o r s Contract it7 with Ch e rry Hi lls Ra n c h o
Wa t e r a n d San i tation Dis tri c t to se rve wate r to
th e !H J l Mat s,:h prope r ty at 37 01 S. Corona St .
R,·s p c ctful l y s ubmi t t e d,
EN<:LEWO OD WA TE R AND SE WER BOARD
By : --------.J ~ S<J111 :1c kt •nh l!rg , CJia i n 11n 11
At ta c hn ,c n t /!4
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MEMORANDUM
TO: Werner Schnackenberg, Chairman of Water & Sewer Board
FROM : Charles B. Carroll, Jr ., Director of Utilities
DATE : May 25, 1977
SUBJECT: 1976 Water Statistics
Following is the compilation of 1976 Water Statistics:
Water treated (MG)
Wash water used (MG)
Pump to mains (MG)
Losses (est. 15 %) (MG)
Net for sale (MG)
3084 .01
115. 20
2968 .81
445 .32
2523 .49
Cus tomer usaq e and r eve nu es
Metered water usage 1. Single Family (MG)
2 . All other (MG)
Total (MG)
Flat Rate water usage (MG)
Total pumped,
less 15 % losses, (MG)
Usage/single family 1. Metered * . 184 MG
2. Flat Rate** .200 MG
120.88
724. 72
845.60
1677.89
2523.49
Ratio of metered/flat rate revenue: 1.30
Revenue: 1. Metered, S.F .
2. Other metere d
3. Flat Rate
$ 90,098
370,755
885 ,452
* Includes 294 SF cus tomers i ns i de c i ty and 363 customers outside
** !~elude s 83 78 custome r s , some of who m are dupl e x and tripl ex
.: u·.,,. ~-., . < l • -~-,. (_
Charles B. Ca r roll, Jr;./
CBC/kr
cc: Steve St e ph ens
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N~S J.:-;, r.1no/i Jr, :])/rec/ct 11/ J f/// es
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Syslem Toft ( 12,s-23. 'i9 1~3!b1 3~S S-33,.S-/
I./ f-4 ::i-vr/.111 Avn .~,yt ~ft: w e1t e,;~/,'eJ 01,,·t,n.1/il
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& ' /o q/( C v ~I~ ;,-,ers
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/ :zo. s~ /" l'I; L/1/ ' 1/J.l t. -780
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·-:..___·-··· -
2-JSZJ. '-/9 ~) 3¥l>1 30S
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR .
RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION.
DATE: June 21, 1977
SUBJECT:.
RECOMMENDATION:
Recommended Rezoning Re quest
Don Smith moved :
Wade seconded: The Planning Commission recommend to City Council
approval of Case #7-77, filed by Donald Marshall
for a change of zoning on 3270, 72, 74, 76, 78, and 80 South
Bannock Street from R-2, Medium Density Residence, to B-1,
Dusiness, based on the following conditions: That the applicant
will enter into a Restrictive Covenant, running to the Planning
and Zoning Commission for a period of ten years, restricting
the use of the subject property as follows: Development as is
presently allowed in the existing R-2 Zone District; the uses
contained in the Comprehensive Zoning Ordinance, §22.4-10 b (70)
Office Buildings; and §22.4-10 b (107) Any similar lawful use
which, in the opinion of the Commission is not objectionable
to nearby property by reason of odor, dust, fumes, gas, noise,
radiation, heat, glare, or vibration or is not hazardous to
the health and property of the surrounding areas through danger
of fire or explosion. The Restrictive Covenants shall meet
with the concurrance of the City Attorney that such Covenant
is legal and binding on both parties.
' AYES: Pierson, Don Smith, Ed Smith, Tanguma, Wade, Lathrop,
Parker
, NAYS: None
ABSTAIN: Williams
ABSENT: Owens
The motion carried.
Respectfully submitted,
By Order of the City Planning
and Zoning Commission.
Gertrude G. Welty
~Recording Secre tary
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STAFF REPORT
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STAFF REPORT RE:
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REZONING APPLICATION
Case # 7-77
Reque s t of rezoning from R-2 , Medium Oensi ty Re s idence District to
B-1 . Bus iness.
DATE TO BE CONSIDERED :
Jun e 21, 1977
NAME AND ADDRESS OF APPLICANT :
Donald L. Marshall
60 59 South Elati Street
Littleton, Colorado 801 20
NAME AND ADDR ESS OF PROPERTY OWNER :
Donald L. Marshall
3290 South Bannock Street
Englewood, Colorado 80110
LOCATION OF PROPOSAL:
3270, 72 , 74, 76, 78, 80 South Banno ck Stree t
Englewood, Colorado 80110
Se e Vicin i ty Map. This property i s l ega ll y described as :
Part of the E 1/2 of the S 1/2 of the S 1/2 of the NE 1/4 of
SW 1/4 of Section 34 Township 4 South, Ran ge 68 West, more
particularly described as follows :
Beginning at point on center lin e of So uth Ba nno c k Street
wh ic h is 140 feet South of the North l i ne of said E 1/2 of
S 1/2 of S 1/2 of NE 1/4 of SW 1/4; th ence [ast parallel to
said North line a distance of 16 3 feet, then ce So uth parallel
to th e center line of Sou th Bannock S lrec t 101 feet more or
les s to a point 91 feet North of the Sout h line of said E 1/2
of S 1/2 of S 1/2 of NE l/4 of SW 1/4, thence West par a llel
to sa id South line a distance of 16 3 f eet mo re or l ess to the
center line of South Bannock Street, thenc e North along the
cen ter line of South Bannock Street a distance of 101 feet
more or less to the point of be gi nnin g, Co unty of Arapahoe ,
State of Co l or ado.
ZO NE_UJSTR JCT :
R-2, Medi um Density Re s id ence
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DESCRIPTION OF REQ UE ST:
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REZONING AP PLICATION
Case # 7-77
The reason s th e applicant ha s giv en for his request to re zone his
property from R-2 , Medium Density Resid ence to B-1, Business, are as
fol lows:
"This property is presently in the R-2 zone, but is occupied by si x units
(3 duplexe s ) which must be at least 50 years of age. They are presently,
and have been for some time, non-conforming with respect to lot frontage,
lot area and size of dwelling units, among other things. The lot abuts
the B-1 zone district on its south and on its east, and cannot be expected
to be re-developed (which is sorely needed) within the R-2 zone . Applicant
presently intends, if the request is granted, to construct a professional
office building simil a r to that constructed, and owned, by him on the lot
to the south . Under th es e circumstan ces, appli ca nt submits that the publi c
necessity, convenience, health, safety, morals, general welfare and good
zoning practice justified approval of this appli cation."
RECOMMENDATION OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT:
The staff recormiends that the request for rezoning from R-2,
Medium Density Residence, to B-1, Business District, be recommended for
the following reasons :
1. Th e s ubjec t s ite is bordered on the s outh and east by B-1,
Business Distri ct and th e requested rezoning wo uld be an extensi on of
that Zone Di s tri ct .
2. The propo sed rezoning to 8-1, Busines s would encourage a
redevelopment of thi s property . The present structures on the property
are substandard and provide very minimal living conditions to the inhabitants.
3. Because of the proximity of the site to the loading and parking
areas of the Checker Auto Parts and Yellow Front store on the southeast,
the property does not lend itself to redevelopment as a medium-density unit
under the present zo nin g.
DESCRIPTION OF SUBJEC T AREA ANO ADJAC ENT AR EA:
fhe pr oper ty r equ es t ed for rezo nin g i s de ve l oped with t hr ee s ma ll
frame, two-unit res iden t ial s tructure s , whi c h were const r uc ted in 1925.
The unit s have a pp ro xim a t e ly 350 s qu are feet in fl oor sp ac e a nd provide a
poor living e nviron me nt f or the oc cupants . These duple xes are on a 101'
wide by 133 ' deep pa r ce l . The appli can t own s a sin gl e -fami l y residence t o
the north of th e subje c ~ s ite whi c h pro per t y i s no t in c lud ed in th e r ezo nin g
request. Ther e are al so s in g le-family hou ses furth er no rth on th •! east
side of South Bannock Street and on the west s ide of South Ba nno ck St r ee t
as well. The land to the east of the subje ct site is zoned B-1, Bu s ine s s
and is developed with small apartment units which are non-conformin g in
the B-1 Di s tri ct . To th e so ut h of the s ubj ec t site is the arc hi t ec tural
offi ce of th e a ppl icant and t he pa r kin g l ot a nd lo adin g a rea for th e Yell ow
Front/Chec ker Auto Pa r t s s tores .
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STAFF REPORT
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REZONING APP LICA TIO N
Case # 7-77
BACKGROUND OF PREVIOUS CITY ACTION RELATI NG TO TH E PROPERTY:
The subject site is part of the original City of Englewood and
as su ch, the first zone district of record which was a ppli ed to this
propeny was R-1 Re s idenc e District. Thi s Di st ri ct permitted single-
family dwellings, sc hool s , Libraries, Puhli c P.irk s ,111d Playgrounds and
Farming and Truck Gardening. In 1955, the Zo nin g Ordinance and Zoning
Map were revised and the subject property was zoned R-2-A Two-Family
Residence. Under the R-2-A Zone District, a single-family home could be
constructed on a 50 foot frontage or a duplex on a 75 foot frontage.
The property has had that classification until last year when the R-2-A
Zone District was repealed and all areas which 1~ere zoned R-2-A, were
reclassified to R-2, Medium Density Residenc e.
Mr. Donald Marshall and Mr. Norman Kasch, Mr. Marshall's former
associate, appeared at th e Public Hearing before the Planning Co11111ission
on Octob rr 21, 1975, and asked that the property whi ch i s the subject
of this ap plication not be zoned R-2 , but that they be given an oppor-
tunity to apply for a more appropriate zone classification at a later
date . The City could not leave the property unzoned and it was zoned
R-2, along with most of the other property which had been zoned R-2-A.
RELATIONSHIP TO COMPREHENSIVE PLAN:
The second phase Generalized Land Use map in the Comprehensive
Plan, suggests that this area will become commercial in the future.
COMMENTS FROM OTHER DEPARTMENTS :
Depa rtrnen t of Public Works No Objection s
Code Enforcement Division -No Objections
DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS :
The subject property is one that has potenti al for some sort of
redevelopment . The living units which are there now are of poor construction
and do not meet the 650 square foot minimum floo r area requirements of the
Comprehensive Zoning Ordinance. The units are about 350 square fe e t.
The present density also exceeds that permitted in the present R-2
Zone Di s trict. I\ max imu m of four units, eith er two dupl exes or on e fo ur-
pl ex , woul d be permi tted on this 101 feet of fronta ge if new constr uctio n
wer e to take pla ce.
If the re zoning a pplica tion is approved, it is the intention of
the applicant to redevelop the property under t he B-1, Busines s Di str ict
regulations and construct a professional offi ce building similar to th e
one that he constructed at 329 0 South Bannock Street .
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REZO NING APPLICATION
Case # 7-77
This would remedy the situation that exists at the present and
would provide a new use that could be compatible with the surrounding
neighborhood.
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Olf'llN IM l NT OF COMM U NIT Y Dl ll[LOl'M'-·•f
CIT Y OF ENGLEWOOD, COLO .
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I NT ROD UCED AS A BILL BY COUNCILMAN
A BILL FO R
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLE -
WOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CON-
CERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE
HIGHWAYS WITHIN THE CITY OF ENGLEWOOD.
WHEREAS, the City of Englewood, Colorado, is des i rous
of entering into a contract with the State of Colorado, De-
p artment of Highways, which requires the City to mainta i n
traffic control devices on state highways and receive payment
from the State of Colorado.
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 State of
Colorado shall enter into a contract captioned "Contract f or
Operation and Maintenance of Traffic Control Devices" whereby
the City shall install, operate, maintain and control at
State expense traffic control devices on state highways with-
in the City of Englewood which is attached hereto, consisti ng
of seven (7) typewritten pages and is hereby incorporated
herein by reference. Said instrument provides as follows:
1. The p rior contract of July 1, 1974 is null and
vo i d. •
2. The City shall maintain traffic control devices
on state highways within the City of Englewood
as directed by the State.
3. The Ci ty shall notify the State of those dev ices
main tained .
4. Th e t o t a l cost for said services shall be pa i d
b y the State to the City and not exceed Thi r ty -
Six Thousand Seven Hundred and Eight Dollars
($36,70 8.0 0) except by written agreement. The
rate s charged by the City for services shall
be as set forth in Exhibit "B" of said agree-
ment.
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5. The traffic control devices shall c onform
to the "Manual on Uniform Traffic Control
Devices" and the "Colorado Supplement".
6. The State res erve s the right to monitor and
require any deficiency to be bro ught into
c ompliance within a reasonabl e time; and the
State reserves the right to correct any de-
ficiency and deduct the actual cost therefore
from the payment to the City.
7. The City shall maintain adequat e records to
insure that traffic control devi ce s are
properly performing their function.
8. The City shall hold the State harmless so
far as it legally may for the actions of the
City's employees or agents.
9 . The contract sh al l be for a period of one
(1) year, and pr i or t o termination, the City
and State shall meet to determine rates to be
charged for a subsequent year.
10. Attached to said agreement and forming a part
thereof i s Exhibit "B" c ontaining rates for
traffic signals at Eighty-Four Dollars ($84.0 0)
per signal per month; signing and striping at
One Hundred Twenty-Five Dollars ($125.00) per
mi le pe r month.
11. Special provisions include approval by State
Controller, availability of State funds, dis -
crimination and affirmative action require-
ments, Colorado labor preference, requirement
of compliance with all State laws and that the
signatoriesaver that no Sta t e employee has any
personal or beneficial interest whatsoever in
said contra ct .
Section 2 .
The City Council of the City of Englewood , Colorado, hereby
authorizes the Ma yor of the City of Englewood, Color ado, to sub-
scribe his name t o said contract for and in behalf of the City
Council and the City of Englewood, Colorado, and the Director
of Finance, ex officio City Clerk-Treasurer attest the same and
execute the same .
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In t r odu ced, read in full and passed on first reading on
the 5th day o f J uly, 197 7 .
Publ ishe d as a Bi ll fo r an Ordin a nce on the 13th day of
J u ly , 1 9 77.
Mayor
ATTEST:
ex officio City Cle rk-Treasure r
I, William D. James, do h ereby certify that the above and
f oregoing is a true, accurate and complete copy of a B i ll for
an Ordinance, introduced, read in full, and p assed on f i rs t
reading on the 5 th day of July , 1977.
ex officio City Clerk-Treasure r
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IN TRO DU CED AS A BI LL BY COUNCILMAN _'-___,)~/~lL-"-~l~~~~~~-
A BILL FOR
AN ORDINANCE VACATING A PORTION OF TH E 2 700 BL OCK OF SOUTH
ELAT! STREET AND A PORTION OF THE 400 BLOCK OF WEST YALE
AVENUE, LY ING AND BEING WITHIN THE CITY OF ENGLEWOOD, ARA -
PAHOE COUNTY, COLORA DO .
WHEREAS, there presently exists public ways known as the
2700 Block of South Elati Street and the South one-hal f (1/2)
of t he 400 Block of West Yale Avenue within the City o f
Englewood; and
WHEREAS, the City a n d County of Denve r is comrn encing
vacat ion as a public way the North one-hal f (1 /2) of t he 4 00
Block of West Yale Avenue; and
WHERE AS, the P lann ing and Zoning Commiss ion of the Ci t y
of Englewo o d re c omm e nded that a portion of th e 2700 Block of
South Elati Stree t a n d a portion of the 400 Block of We st
Yale Av en u e be vacated , retaining however, ce rtain ea s ements
as hereinaft~r mor e pa rtic ularly described.
NOW, THEREFORE, BE I T ORDAINED BY THE CITY COUNC I L OF TH E
C ITY OF ENGLEWOOD, COLO RADO, AS FOLLOWS:
Section 1.
Tha t the following-des cribed portions of public s t reets
located within the City of Englewood, Arapahoe County, Co lorado,
being known a s the 2700 Block of South Elati Street and the
South one-half (1 /2) o f the 400 Block of West Yale Av e nue be
and the same is hereby vac ated:
PARC EL "A"
Begi nnin g at the NE corner, NW 1 /4, NW 1/4 of Se c . 34, Twp.
4 S, Rge. 68 W of t he 6th P.M.; thence Iv along the N line of
Sec . 3 4 190 .2 ft. t o the true poi n t of beg inn i n g ; t hence
c o nt i n u ing a l ong s a id line 165 .8 f t . t o the W line o f So u th
~lati Stree t; t hence o n a n a n g l e to the lef t of 9 0° and along
the W line of South Elat i Street a d i s t an ce of 3 0 ft. to t he
e x te n de d S l i ne o f West Yale Av e nue ; thence on an ang le t o
the l eft o f 90° and along sa i d line a distance of 151 ft.;
t he n ce o n a n a ngle to t he left 2 6 °15'30" a distance o f 33 .4 5
ft. to t he true po i nt of b e g i nning ; said p arce l contai n ing
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0.109 acres, more or less, in the County of Arapahoe, State of
Co l o rado .
PARCEL "B"
Beginning at the NE corner, NW 1 /4, NW 1/4 of Sec. 34, Twp.
4 S, Rge. 68 W of the 6th P .M.; thence W along the N line of
Sec . 34 a distance of 356 ft. to the W line of South Elati
Street; thence on an angle to the left, of 90° and along the
W line of South Elati Street a distance of 30 ft. to the
true point of beginning; thence continuing along said line
a distance of 600 ft. to the exten ded N line of West Amherst
Avenue; thence on an angle to the left of 90° and along said
line a distance of 28.26 ft.; thence on an angle to the left
of 30° a distance of 36 .6 5 ft. to the E line of South Elati
Street; thence on an ang le to the left of 60° and along said
line a distance of 581 .67 ft. to the S line of West Yale
Avenue; thence on an angle to the left of 90° a distance of
60 ft. to the true point of beginning; said parcel containing
0.820 acres, more or less, in the County of Arapahoe, State
of Colorado .
The City hereby expressly reserves to itself, its assigns,
appointees and licensees, easements for underground util ity
lines, pipes and structures as presently existing or constructed
in the future and such above surface devices as are necessary
for the maintenance of said underground facilities, on the
following-described property:
PARCEL "A"
Beginning at the NE corner, NW 1/4, NW 1/4 of Sec. 34, Twp.
4S, Rge. 68 W of the 6th P.M .; thence W along the N line of
Sec. 34 190.2 ft. to the true point of beginning; thence
continuing along said line 165.8 ft. to the W line of South
Elati Street; thence on an angle to the left of 90° and along
the W line of South Elati Street a distance of 30 ft. to the
extended S line of West Yale Avenue; thence on an angle to
the left of 90° and along said line a distance of 151 ft .;
thence on an angle to the left of 26°15'30" a distance of
33.45 ft. to the true point of beginning; said parcel containing
.1 09 acres, more or less, in the County of Arapahoe, State of
Colorado.
PARCEL "B"
Beginning at the NE corner , NW 1 /4, NW 1 /4 of Sec. 34; Tw p .
4 S, Rge. 68 W of the 6th P.M.; thence W along the N line of
Sec. 34 a distance of 356 ft. to the W line of South Ela ti
Street; thence on an angle to the left of 90° and along the W
line of South Elati Street a distance of 30 ft. to the true
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point of beginning; thence continuing along said line a dis-
tanc e of 600 ft . to the extended N line of West Amherst Avenue ;
thence on an angle to the left of 90 ° and along sa id line a
distance of 28.26 ft.; thence on an ang le to the left of 30°
a distan ce o f 36.65 ft. to t he E line of South Elati Street ;
thence on an angle to the left of 60° and along said l ine a
di stance of 581.67 ft. t o the S line of Wes t Yale Avenue;
the nce on an angle to the left of 90° a distance of 60 ft. to
the true point of beginning; except the easterly 20.0 ft.
the reof; said parcel containing 0.550 acres, more or less,
in t he County of Arapahoe , State of Colorado.
The party, owner or po sse ssor of any right to the property
vacated by this easement shall not in any manner restri ct ,
hinder or injure the r ig ht of the City, its assigns, appointees
or licensees or their facilities. Under no circumstances
shal l any activity take place that would damage, hinder or
r e strict the use of the easement by the City, its ass igns
and licensees or its facilities. The party, owner or poss essor
of the r ight to any portion of the property vacated shal l be
liable for any damage caused by it to the undergroun d f acilities
e x is ting or constructed and those surface devices necessary.
Shou ld ma intenance or construction be undertaken, it shal l b e
the r espon si bility of the party in possession to remove from the
surface of the easement any item obstructing the maintenance or
const ruc tion .
No structure shall be constructed on the easement other
than norma l g rading and asphalt surfacing for parking or road
purposes. t
The City shall replace the surface of the easement to it s
normal grade and repair any asphalt damaged or removed in the
course of construction or maintenance. The assigns, appointees
or licensees of the City, and not the City, shall be respons ible
to return the surface of the easement to its normal grade and
repa ir asphalt damaged or removed in the course of construction
or mainten ance of their existing facilities or facil ities con-
structed in the fu ture.
Introduced, read i n full and passed on first readi ng on
the 5th day of July, 1977.
Published as a Bill for an Ordinance on the 13th day of
July, 1977 .
Mayor
ATTEST:
ex officio City Clerk-Treasurer
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I, Willia~ o. James, do hereby certify that the within
and foregoing L , a true, accurate and complete copy of a Bill
for an Ordinance, introduced, read in full, and passed on
first reading on the 5th day of July, 1977.
ex officio city Clerk-Treasurer
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INTRODUCED AS A BILL BY
A BILL FOR
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLE-
WOOD, COLORADO AND THE CITY OF THORNTON, COLORADO, CONCERNING
THE ~~G AND STORAGE OF ENGLEWOOD_RANCH CREEK WATER.
WHEREAS, the City of Englewood, Colorado is part owner
and claimant of certain conditional water rights and facili-
ties in the Frazier River watershed known as the Englewood
Ranch Creek water rights and the Englewood Ranch Creek
collection system, and
WHEREAS, the City of Englewood, Colorado is entitled
to divert a part of the aforesaid water rights whenever water
is available and use of the water for beneficial purposes,
including irrigation, municipal, domestic, recreation and
fire purposes, and
WHEREAS, the aforesaid beneficial use is accomplished by
means of a Water Exchange between the Denver Water Board and
American Metals Climax, Inc., and
WHEREAS, the City of Thornton, Colorado has large, un-
developed se r vice areas, both within and outside as corporate
boundaries, said areas being in a continuing process of
development requiring commitments of additional water to
serve said areas, and
WHEREAS, the City of Thornton, Colorado has made a re-
quest for a long term iease from the City of Englewood, Colorado
for amounts of raw water deemed necessary to serve present
and anticipated service area and customers of the City of
Thornton, Colorado, and
WHEREAS, the City of Englewood, Colorado is the owner
and operator of a certain water storage and supply facility
known as McClellan Reservoir, for the capacity of approximately
5,940 acre feet which was constructed to store water diverted
from the South Platte River and to store water diverted from
the Englewood Ranch Creek collection system into the South
Platte River system by means of a Water Exchange, and
WHEREAS, the City of Englewood, Colorado has a surplus of
water divertable under its Ranch Creek water rights which it
cannot totally utilize in the near or reasonably foreseeable
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future , and is willing to lease such unused wate r to the City
of Thornton , ~olorado on a long term basis and al s o l e ase
operational space for such lease waters in McClellan Rese rvoir,
and
WHEREAS, the Englewood Ranch Creek syste m is operated by
the Denver Water Board for the benefit of the City of Engle-
wood, Colorado, American Metals Climax, Inc. and the Denver
Water Board subject to the provisions of the aforesaid Water
Exchange, and it is mutually understood that the Englewood
Ranch Creek system will continue to be operate d in ac~ordance
with those Agreements, and
WHEREAS, the City of Englewood, Colorado and the City of
Thornton, Colorado will be jointly operating the McClellan
Reservoir system, it is desirous that certain operating cri-
teria be established in this agreement for such joint operation,
and
WHEREAS, the City of Englewood, Colorado enters into the
agreement, pursuant to the authority contained in Part 2,
Article I of Title 29 of the Colorado Revised Statutes, 1973,
together with the authority contained in Section 79, Part III
of the Englewood Home Rule Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1
That the City of Englewood, Colorado and the City of
Thornton, Colorado shall enter into a contract captioned
"Water Lease and Management Agreement" whereby the City of
Englewood, Colorado shill lease a portion of its water rights
and certain storage capacity in McClellan Reservoir pursuant
to the terms of said Agreement, which is attached hereto,
consisting of sixteen (16) typewritten pages, together with
three (3) pages of Appendix "A" and is incorporated herein
by this reference. Said Agreement provides in pertinent part
as follows:
1. That the lease shall be for a term of twenty d
(~O) years unless sooner. termi~at_.~;.,~~cl?JJ>-{"7~"Att. .r,;,tl w11-h y-
vided and unless so term1nated,Ctne'E1cy o ~ 1
Thornton , Colorado shall have t~e option to ,ti/.'~
renew the lease for successive terms of
twenty (20) years upon giving notice in
writing to the City of Englewood, Colorado
of the City of Thornt on 's intention to j ..,,,>-i)
exercise the option for renewal not less ~-~ ~
than six (6) months pr ior to t he end of ri',e/""7'
any twenty (20) yea :
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2. For an annual consideration of Twc Hundred
Thousand Dollars ($200,000.00), the City of
Englewood, Colorado agrees to lease to the
City of Thornton, Colorado an undivided fifty
percent (50%) share of the operational capa-
city of McClellan Reservoir; a n undivided
fifty percent (50%) share of the yield of water
produced by the exercise of the storage
right of McClellan Reservoir from the South
Platte River, and an undivided sixty percent
(60 %) of the City of Englewood's share of
the yield of water produced by the exercise
of the City of Englewood's Ranch Creek water
rights more particularly described in
Appendix "A" of the Agreement, included as
part of the Englewood Ranch Creek collection
system, and which may be stored in McClellan
Reservoir under the "Denver Exchange" Agree-
ment pursuant to the terms and provisions of
that Water Exchange Agreement of 1964 and its
modification in 1969.
3. It is understood that the total capacity of
McClellan Reservoir is approximately 5,940
acre feet.
4. It is agreed that the annual consideration of
Two Hundred Thousand Dollars ($200,000.00)
shall be due and payable on or before April 1,
1978 and each and every year thereafter. This
consideration shall be reviewed every five (5)
years on the anniversary date of the Agreement
and shall be varied in r elation to the then
existing United States money.
5. It is agreed that either party shall have the
right to reserve water in their undivided
share of the operational capacity from year
to year without redistribution.
6. It is agreed that should maintenance or repair
of McClellan Reservoir system be necesary,
that it shall be the full responsibility of the
City of Englewood, Colorado. The expense of
any modification to the facilities for the
convenience of either party, or both, shall
be shared by the parties so benefited, in
proportion to the entitlement of operational
reservoir capacity.
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7. It is agreed that any modification or repair
to the reservoir facilities, including the
inlet and outlet works, shall be coordinated
between the parties to insure their ability
to make delivery of water from the facility
when required.
8. It is agreed that should the reservoir not
be full in the McClellan Storage and Ranch
Creek collection system decrees not be in
priority, that the parties shall have the right
to store other waters for temporary detention
purposes or storage in the unused capacity of
McClellan Reservoir with no liability other
than to themselves.
9. It is agreed that all waters which are stored
or detained in McClellan Reservoir shall be
diminished by their proportionate share of
evaporation calculated at a mutually agreed
rate if necessary.
10. It is agreed that the City of Thornton, Colorado
shall pay to the City of Englewood, Colorado
the pumping co st for waters stored in McCl ella n
Reservoir which do not result from the Engle-
wood Ranch Creek collection system "Denver
Exchange" yields. Should the Highline Canal
be used for filling McClellan Res ervoir, the
parties will share the Canal losses and costs,
if any, in proportion to the amount of water
received by either party, including foreign
waters.
11. It is understood that any requests for release
of water from McClellan Reservoir will be made
to the Manager of McClellan Reservoir at least
twenty-four (24) hours in advance of the anti-
cipated release time. It is also understood
that should the reservoir be full, that the
water will automatically discharge into the
Dead Clark Gulch be'low the reservoir through
the emergency spillway, and flow to the South
Platte River.
12. It is understood that once the water is re-
leased to the City of Thornton, Colorado at
the outlet of McClellan Reservoir, the City
of Thornton, Colorado agrees to assume all risks
and responsibilities for carriage of such water
to the delivery points of its distribution
system and further agrees to assume all trans-
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portation and carriage losses chargeable b y
the State Water Administra tion officials.
It is agreed that t he City of Thornton, Colorado
shall have the first right of refusal to the
City of En glewood's share of the yield of water
from the Englewood Ranch Cree k water rights
brought i nto the South Platte River watershed
and e xchange under the "South Platte Rive r
Ex c hange" pursuant to the provisions of the
Water Exchange Agreement of March, 1964 and
its modification of September, 1969 at a charg e
of Twenty-Five Dollars ($25.00) per acre foot.
The water shall be measured at the po i nt of
delivery from either c onnection between the
Englewood Ranch Creek collection system, in the
mouth of the wate r system of the Denver Water
Board, or at the point of release where the
Denver Water Board's Jones Pass tunnel into
Clear Creek, as the cas e may be. Once said
water is delivered at the above-described
point, the City of Thornton, Colorado agre es
to assume all risks and responsibil ities for
the carriage of such water and the making of
any exchange for water to the South Pl atte
River. The City of Thornton, Colorado also
agrees to assume all seepage evaporation loss es
and fees for the carriage of such water in the
Moffit Water System facilities of the Denver
Water Board and chargeable by it and for the
carriage of such water in the public streams
of the State chargeable by the State Water
Administration officials .
It is understood this charge of Twenty-Five
Dollars ($25.00) per acre for the wate r d es -
cribed in th e preceding paragraph shall be
reviewed every five (5) years on the anniversary
date of this Agreement and shall be varied to
the relation to the then e x isting value of
United States money as determin e d in the matter
provided in paragraph 12 of the Agreement.
1 5. This Agreement involves the use and the fur-
nishing of raw water outs ide the territorial
limits of the City of Englewood, Colorado. It
is understood and agreed that the City of Eng l e-
wood, Colorado ma y have to interrupt the delive ry
of raw water produced from the exercise of
its Ranch Creek water rights to the City of
Thornton, Colorado, and resume delivery to the
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the City of Englewood, Colorado to provide
adequately for use ins i de the territorial
limits of the City of Englewood, Colorado .
The right to interrupt su c h delivery is a
matte r to be determined b y t he Ci ty of Engl e -
wood, Colorado in the exercis e of its rea-
sonable discretion from t i me to time as
occasion may require. This determination by
the City of Englewood, Colorado shall be
based upon the standards and limitations
set forth in paragraph 24 of the Agreement
attached hereto.
The City of Englewood, Colorado agrees that
the water yield available to the City of
Thornton, Colorado under this lease shall
not be curtailed or called back by the City
of Englewood, Colorado to serve future users
other than the City of Thornton, Colorado
outside the territorial limits of the City of
Englewood, Colorado.
17. The City of Thornton, Colorado agrees to pre-
vent all unnecessary or unreasonable waste of
water from its distribution facilities and
all. connections thereto.
18. It is understood that the water supply avail-
able from the exercise of Englewood Ranch Creek
water rights is dependent upon sources from
which the supply is variable in quantity and
beyond the control of the City of Englewood,
Colorado. No liability shall be incurred under
this Agreement on accou.nt of any failure to
accurately anticipate the availability of
water supply or be c ause of failure of water
supply due t o inadequate runoff or other
o c curren ce b ey ond the r e asonable control of
the City o f Engl e wo o d, Colorado. Also, no
l iability sha ll be incurred under the Agree-
me nt on acc ount of any fa i lure to furnish
water o r operational storage capacity in
McClellan Reservoir in the event McClellan
Re s e rvoir, or any part of the Moffit Water
S y ste m of the Denver Water Board, should
become inoperable because of flood or other
oc c urrence b e yond the control of the City
of Englewood, Colorado.
19. Each party acknowledges the contents of
paragraph 14 of the modification of the Water
Exchange Agreement of 1969 as fully set out
in t h e Agreement attached hereto.
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20. It is agreed that this Agreement shall be
submitted to the Denver Water Board for its
consideration and action in compliance with
the said provisions of paragraph 14 of the
modific3.ti::m of the Water Exchange Agreement
of 1969. The City of Thornton, Colorado,
by submitting this Agreement to the Denver
Water Board, hereby makes application to the
Denver Water Board for raw water in the same
amounts, for the equivalent operational
storage capacity, for the same consideration
and for the same period of time as provided
in this Agreement. The City of Thornton,
Colorado requests the Denver Water Board to
accept or decline this application within
thirty (30) days from the date that the Agree-
ment is transmitted to the Board.
21. It is mutually agreed that the City of Engle-
wood, Colorado res erve s the right to sell and
dispose of all or part of the water rights
which produce the water leased by this Agree-
ment and all or part of the facilities used
for the diversion, collection and storage of
these water rights known as Englewood Ranch
Creek collection system and McClellan Reser-
voir, pursuant to the authority granted by
Article 121, Article XIII of the Englewood
Home Rule Charter. This reservation may be
exe rcised by the City of Englewood, Colorado
at any time during the duration of this lease
or any extension thereof. Should the City of
Englewood, Colorado at any time decide to
dispose of all or part of its Englewood Ranch
Creek wat er rights and its part of the
Englewood Ranch Creek collection system,
the City of Thornton, Colorado shall have the
first right of refusal to acquire the City of
Englewood's part of the Englewood Ranch Creek
water rights and its part of the Englewood
Ranch Creek collection system, by the payment
to the City of Englewood, Colorado of whatever
amount is offered to the City of Englewood,
Colorado as payment therefore. It is under-
stood that at any given time, an offer to
the City of Englewood, Colorado to acquire the
aforesaid water rights and part of the
collection system could necessitate the payment
by the City of Thornton, Colorado to the
City of Englewood, Colorado of a substantial
amount of money, and, therefore, the City of
Englewood, Colorado agrees that pursuant to
this first right of refusal, the City of
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Thornton , Colorado shall have six (6) mo nths
from the date of approval of sale by the
City of Englewood, Colorado to present to its
citizens a bond issue to be vote d upon by
them, if s u c h vote be needed and required ,
in order to provide mone y to acquire all or
part of its Engl e wood Ranch Creek water righ ts
and its part of Englewood Ranc h Creek collection
system.
22. In the event the City of Thornton, Colorado
shall fail to keep or perform any agreement
on its part to be kept performed according
to the terms of the attached Agreement, the
City of Englewood, Colorado gives the Ci t y
of Thornton, Colorado notice specifying the
particular default or defaults, the City of
Thornton, Colorado shall have such time as
provided in said notice, which period of time
shall in no event be less than ninety (90)
days in which to correct such default or de-
faults. Failure to correct such default
within the specified time period may result
in the termination o f t his Agreement by the
Ci ty of Engl e wood, Colorado upon giving the
Ci ty of Thornton, Colorado sixty (60) days
written notice thereof.
23. No assignment by the City of Trornto n,
Colorado of its rights under this Agreement
shall be binding on the City of Englewood,
Colorado unless it shall have assented to
such an assignment with the same formality
of e mploy in the execution of this Agreement.
24. All water furnished hereunder is on a lease-
hold ba si s f o r the use of the City of
Thornton , Colo rado a nd its custome rs f or
all of the various purposes for which the
City of Englewood, Colorado has been de -
creed the right to appropriate wate r and
except as otherwise specifically provided
in Section 34 of the attached Agreement,
all prope rty rights to the water t o be fur-
nished by the City of Englewood, Colorado
are reserved i n Englewood, Colorado .
25. The parties hereto a gree that this Agree-
ment will continue until terminate d by
mutual agreement , notwithstanding the
possible curtailment of service as
specifically provided in said Agreement.
Failure of either party to exercise any
right hereunder shall not be deemed a
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Section 2
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waiver of such party's right and shall not
affec t the right of such party to e ~ercise
at some future time said right or rights
o r a ny other right it may have here unde r.
Because of the severe drought presently
occurring, the City of Englewood, Colorado,
on an emergency basis, agrees to lease to
the City of Thornton, Colorado water avail-
able from its Ranch Creek collection system
or McClellan Reservoir during 1977, if
needed and when requested by the City of
Thornton, Colorado, at a price of One
Hundred Twenty-Five Dollars ($125.00) per
acre foot, measured at the outlet of
McClellan Reservoir, to be billed and
promptly paid by the City of Thornton,
Colorado. The City of Thornton, Colorado
shall so notify the City of Englewood,
Colorado within thirty (30) days from the
effective date of this Agreement for the
amount it needs during 1977.
1he City Council of the City of Englewood, Colorado hereby
authorizes the Mayor of the City of Englewood, Colorado to sub-
scribe his name to said Agreement for and on behalf of the City
Council and the City of Englewood, Colorado, and the Director
of Finance ex officio City Clerk-Treasurer.
Introduced, read in full and passed on first reading on
the ~ day of July, 1.977.
"1"' Published as Bill for an Ordinance on the ~ day of
July, 1977.
Mayor
ATTEST:
ex officio
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City Clerk-Treasurer
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I, William o. James, do here by certify that the within
and foregoing is a true, accurate and complete copy of a Bill
for an Ordinance, introd ced, read in full, and passed on
first reading on the ~ day of July, 1977.
ex officio City Clerk-Treasurer
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MEMORANDUM
TO: Mayor and Members of Englewood City Cou ncil
FROM: Andy Mccown, City Manager
DATE: June 27, 1977
SUBJECT : BOARD APPOINTMENTS
As you are aware, there have b een two resignations from advisory boards
to the City Council. The first resignation was that of Mr. David F. Hayes
from the Water and Sewer Board. You directed that advertisements go out
to the newspaper s for this appointment. Todate, one letter has been
r eceived . A copy of that letter is attached.
The second resignation is that of Mr. Edward G. Smith from the Planning
a~d Zoning Co mmission . His letter of resignation is attached. Previously
received letters f rom citizens expressing interest in appointment to this
Commission a re attached for your consideration, along with one received today .
In going th r ough this file, we also discovered two letters expres sing
interest in~ board or commission appointment, which you might wish to
c onsider when making these two appointments.
May we have direction on this matter at your next Council meeting ?
'7J'·'~~
d¥c OWN
Cit~~ager
:>h
En c losures
cc : B. V. Berardini, City Attorney
Hugh Brown, Admi nistrative Assistant
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A TTORNEY AT LAW
~QUITA.a LE BUILOINO
OENVEA . COLORADO 80202
RECEIV[D 222 -8948
June 16 , 1977
JUN t 7 1977 Wt1. fe 'f" <t-Se<.1..'e y-
·~on. yd,
city of Englewood
Englewood City Hall
PLRSONN(L [)fPARTM[NTR E
ENGLEWOOD C E ' V E D
3400 South Ela ti
Englewood, colo,ado 801 1 0 JU N 21 1917
Attn: P ersonnel Departme nt
CJJY MANA GER 'S OfFIC[
£N G LE WOOD
Gentlemen:
This will confirm my Le l ephonc c all to the P ersonnel
Department today, June 16 , advising of my interest in
applying for the posit i.on on the Englewood \"lclter Board
recently vacated b y David F . Hayes.
I will appreciate an opportun ity to confer w ith y ou
on this matter at you r convenience .
S incer~ly,
,7/Jr t .: , -/ ?7q . , ./fr t ... I
HART D. G TLC!IR IS'l'
Residence Address :
233 8 East Fl o yd Pla ce
Englewood, Colorado 80110
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RECEIVE[;
.JUN 2 :J 1977
June 1:,. i7 C/,Y /vi ~ i •1G r,•·s -. ,r. u r '/ -(l,~t Htooo ' L_
Mayor James L. Taylor
Eng lewood City Hall
3400 Sout h Elat i
En<)lewooc1, C
Mr·. ·1ayor:
I regret that I must write this letter of resignation as a member
of the Planning and Lani ng Convnission. Due to de mands on my time required
by my employer, Crescent Engineering Co., as well as personal affairs,
I feel tha t I will be unable o properly se r ve on the Corrrnission ir. an
informed , effective manner.
However, time passes ,rnd circums tances do chang e and I have every
intention of returning, if given an opportunity, to some sort of Civic
se rv ice as I am and always will be conc erne d 1-1ith the development and
progress of the Ci y o f Englewood. It is a comfortable, pleasant ci y
to live in and in or er o ke ep it that ~,ay, it req uires a constant
effort by all of us.
Thank you and the City Council for appointing me to th e Planning
and Zoning Conmiss 1on, as it has been a~ invaluabl e experience for me
and I hope I have con tributed in a pos itive manner to the irnp overnen
and beneficial development of our fa i r ci t y.
cc: Judith Pierson, Cha i rman Planning & Zo ning Corrm .
Richard Wanu sh , Dir. Dept. of Community De ve lopment
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I !an 7J/.;, 1 9----
2 on in 1
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Ma'yor James Taylor
and the Englewood
oity of Englewood
3400 South Elati
Englewood, Colorado
·· o~nt1emen:
Janua ry 11, 1977
Ci ty Council
BOHO
Aa e citizen of Enslewood interested 1n the ateady growth
~ ·a~d development of my cl t y , I wish to be considered as a
'"oanllldate t o fill a position on the Planni ng and Zoning
C.ommlasion.
'"t' .,
Aaft.J member of Le ague of Women Voters I wv.s a regu1.ar .,
..... ·ob'sts'rver of the meetings o r t his bo .-i rd unt i l Illy stucUes · .::;~ .. + · as ~l gradµate student ot the University of Northern Colorad, <'·~ .. Greeley, demanded so much .time I found it necessary t o re-. "=·
· . ·~·,· ···11n~lsh the poeltion a s Observ e r . Now that I hsv-e reaeived .t j~';;,· .. :· '>.~~J::;e~;:r~~gree, I should like to serve my city . by , wor king
~ ~:.!j'}.\jf ."'\ .~;~f free to conta c t me for any nddi tional information you
.; .. ~ 1.,-.,J · ; ms..1 · ne~. ~. ". ... . l "'' \',,Jt .. ---.. '"W • ' ~ • ~ ,f>~rJ.; . . : ~o,ura tru ly ,
i. '.~.;.~;:·<·:·':.. .. :~ .):h; /I "t:~:.,'.. c..;,~'c_,£_,_j
.,1·:·~/M ... t • (,/ ~ ('C,-1-/~
.• .., .... ~' M~rJo rle l • Bec ke r
:. ~, · . 644 East YRle Place
• · Englewood, Colorado 801 10 ; ?~·,.~~.· 1; Home: 789-34 28
.... Wor\t: 32 2-1881 EYt. 38 3 . ' .,,..
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January 20, 1977
Mayor Taylor
City Managers Office
3400 so Elati st .
Englewood, Colorado 80110
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f)(h17J;h~ ')I ?077/r;,~
Mr . Francis ouffy Dougan
4310 so Fox
Englewood, Co . 80110 (,
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Dear Slr: :,~, .. ·< ·~11:,, .·':·:
I am writing in regard to the artlcle in the Englewood. Citizen; .• ;·.: 'X,'j;,'i~•,/.
concerning Board vacancies; mainly Planning and Zonina.· Comaheion· ·,;;t;+,;·;:·,t:;;,,. (1,
and/or Housing and Urban Renewal Authority . · · "' ,.,~•-:·•~;,, .. ,,;l· '·· "' "t ,•i;, '9 . ~ t. '\\ ~~~~J.~ v·:'. t -,, . · ... ':,:J . ~fr '.Rf:·~~::, .. ,._.
My in~erest and Background lies in the financial aapect1. of City , ,S"·',._i,,:·, ._·::·
governme nt. I comp leted 3 (three) years of Businen adminhtratiori ~ ... •' .
at Columbia College of Minouri. I m currently amployed with ,:.;.~,:. ,· ·,. ·,
Majeatic savings & Loan Auociation, in the Mortgage .Loan •l)epart• ' .. ~{t··
ment . Since being honoably discharged from the Army, I have . , , · · ·
settled in Englewood and want to become an Active Cithen in tb"e '\·,?,:~, ; •. )!
Englewoo d City Government . •· ; ', • .:'llf.:..,,·~---. . ··~.~~-,::···,·> ; .. ~~
Any auietance you may be able to offer me at thh tillle ~ll'be' ·· ···. ,",· •·
' I ,_'), o
greatly appreciated . ~
An Interested Citizen!
C),,_1L ~'r""'--
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:'•~ IOIISOUTH 9ROAOWAV • ENGLEWOOO, COLORADO 80110
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EDWA RD DR A PFR
P IJBL I < A.C <..CH IN I A N 1
iNl#illlllJ I, 1•u •• 1,c 1 l-,l f ('H ( lt t l 1t1111,,.,1\I l "f"V (t,,1 11 °"F f'IV1r:E
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El'JG LE'W Of"'.1(.i ;tiLnf<l ,.oo tu ,1111
January l6, 1976
Eng le wo od City Co un cil
3400 Sou th Elati St reet
Englewood, Col orado 80110
Dear Co un c l lmf'n,
~-"7/'71 /J/f ~
2071177}'
f f L F P l•H.),-H•:
13031 7 1;49 1818
I wou ld l ike Lo s ubmi t my name for your considerat ion in appoint-
ment for the follo wi ng boards:
Respe ctfully,
Edward Draper
ED/bp;
Ad j ustment and Appeal s
Planning and Zoning
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'.l ay or .J am <-J ~ 1 ay !o r ?·
')embers u f ':01J nr.1 i
'1City \larwr,e r' s OfJ tc~
31:iOO S. Elati St,
\-:nglewood, Co l orado N Ll.:l
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,tfi}f/ ': .. •' ,,,M:·.,~): ... :near :sirs,
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COLEMAN C . EWING
4387 S . BANNOCK ST.
ENGLEWOOD ,COLO 80110
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i. ':1'$:\t~.J· i' .: , · !Jpon r e ndinp, th(l ".:nr..lc 'll'ou,:i Citizen, I noticed y our appeal to Englewood. .
i;,~'14}·t :~C'itisens to fill p o s.it.ions on city boards and co111111istdons. I wish to submit f"3
. ~¥,5,;:.'ot:·::· name-ancl qualH i cat lons f or yo11r consideration, · ,1:..'?~:'1-,',':r,:: ... ,., . 'I have bee n a resident, or l,'.m',lewood for 5 years. During this ti.me I han ,becCllle
,k·f,i,~~;i..;: j:' ia , home o'llller and a oermanent O"'-rt of EnP,lewood' s citizenry. My 10 year old :son at-.tr,l'.'.,t :/' ,;. tends CJa.yton Elementary School and he is active in the En elewood Chapter of . the ~'~'t:~.:}.1' ' Cµb Scouts of Am r:rica and Tne t:nP,lewood Wrti:;tling Club. ] run a acti.ve member of . it: !.;~ the Littleton Chu rch of Christ and the Architectural Advisor to their Building Com-
, .. !' :·z-·, . -mitte. f,~i :3·';; · ·, . At present I am workinr; out of my home on a ~ldO ,000 .00 Veterinarian Hospital
£J,t.~t}" ... : ori 'Oreen Mountain, Color ad•>. J feel I would have ample time to aid the city of . ·
):,i'\~~:~':;:--,~n11~o<~d on the l\():tr<! of Ad .iust.ment an d Appeali-i Mid/or the l'lanning and Zoning :
t:fr:\~.J. ..... :.~': Co111111i~SH>n. . · ' . • ~ditfi'tr'.,. .,, •· •_-:,··r.1 n:1~,· ::"" my h1 ·i,•I' r1 )m1m•· whic li i :; ,,n<-'41 :a,<1 f .,r my qu;Llificnt,ion:; and ex-, f '.,,:,)~·J·· .'· r.>flri enc1:1. Your co11 :1 1d,,rat;jt,n ,,r m.v apl'I k.it .1011 ... u1 1.1 l>e 1:r,:at.ly llppreciated,
i\f:; ,lf ,-~ . . . ;.; ' ' ft~~·f!'( ... tr 1.;' ·· ......... .
~z: .:·~:~:::; . ,),t :·; '
g> ' ;,1-~· ,. ·•r..:o .. ,,
I! t · •, ,'1, ... '(, ,. f~:.· il",,:;,..J. .• . ~.~-r·1:1~ ~\ .... :/~~_,·~ ;'' Sincorely •
1:,1,~:q, ·:;t . i'.o,:\: .. , • .f.· • '.i-,v.} 4 , i;_. ·, . ''l·/'..;,,
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Perf:l on al Hosu me . ...c.....co:.:f..c:_.:;;:c;.:;;:Q.:;;:L.:;;:F~M'-'--'AN"'-'c;;;..• ';;....cEW;.;.:.;;l;c.NO.:;;:,_-...;.;;AR;..;.C;;..,H.:;;:l'l';;.:...F.:;;::C'l'~
L18 7 South Bannock
En glewood , Colorano ,80110
S'9"
121:l lb.
Married
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Mayor James I.. Taylor
Englewood City Council
3400 South Elatl Street
Englewood, Colora do 80 110
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Dear Mayor Taylor and Councllmembers:
4.,,7//71~ ....
2 c>?N»j
I would llke to make application for a position as a member of the Board
of Adjustment and Appeals or the Planning and Zoning Commission. Actually,
my first interest would b e the Planning and Zoning Commission.
I have lived in Englewood for a number of years (20) and have llved at 3280
South Sherman Street for 15 years. My wlfe and I own our home at this location.
I am presently retired, but operate more as a hobby a part time garage/mechanic
business at my home location. I have been employed in the past as an insurance
salesman ln Des Moines , Iowa, and have owned and operated my own garage
business in Pensacola, Florida, for 8 years. I hR ve a hlghschool dipl oma and
a total number of 4 ycnra In business college work.
Again, l ot me say that I would b e most interestcct In being appointed to either
of the above vacancies.
:l280 So uth Sherman Street
Englewood, Colorado
J>holl l ' -7Hl -1;HO I
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January 20, 1977
City Managers Office
Englewood, Colorado 80110
Att : Mayor Taylor
As a new resident of Englewood, the article in the Englewood
Citizen, concerning Board Vacancies, was very intriguing to ae.
I was very pleased to see an open invitation to the Citizens
,::-,-. of Englewood to beco-involved with the workings of the City
Government. I feel if the citizens of a co11111unity support and
take part in the Ci ty Government, everyone benifits.
Since my vocation and 11ajor interest are in the area of hOllle
financina and planning, I would be most interested in serving on
one of the following Boards:
Housing and Urban Renewal
Board of Adjustment and Appeals
and as a special interest to me would be the Comaiaaion of
Planning and Zoning.
J
Should you have any questions as to my experience and qualifications
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please contact me. Thank you for your consideration and a88istance , , ~·I)•):.
Cordially, .. , :1,
>ft 1<,JUL ;c;l C , • .'
Glenna J. Hale ·'
3849 South Grant Street
Enalewood, Colo~ado 80110
Phone: Work-789-4483
Hoae-789-5436
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It aa M1nite"7 intereoted in again being.:: ... ,~. </}~iti
ot the Inglewood Planning and Zoning CmmisS!l.on.·} ·, /:.~ :;~.~·;:;", _:";:. :
Please seriously consider 11q application. ' ·... ' .
Ila.Dager
Cit;T ot Bnglnooli
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S'incerely,
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.Tymer Rice
TR/FIIR
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January 21 , 1977
J.L. Taylor, Mayor
City Ha ll
3400 S. Elati
Englewood, CO 80110
Dear Mayo r Taylo r,
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I'm applying for the oppning on the
Planning Commiss ion of Englewood.
I've been a resident of Englewood for
and wou ld like an opportunity to work:
My exp e ri ence is limited. Currently, I
Estate sale sman's license for Colorado.
Thanky ou o r your consideration.
Sincerelr7, J /l."t . J~n.
Peter A. S tuar t
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RECEIVED
JUN 2 7 1977
CITY MANAGER'S OFFIC:::
ENGLEWOOD
TO THE HONORABLE MAYOR AND COUNCIL :
P!crn---r,.,?Jry <-1-lon;nc.
3181 South Do wning Street J
Englewood , Colorado 80110
June 25 , 1977
As a citizen with pride and concern for Englewood 's economic and
s ocial stability, it is my sincere des i re at this time to be c onsidered
by you for the vacancy on t he City Planning and Zo ning Board which is
being createcl by the resignation of Mr . Ed Sm ith .
In addition to b eing a proud, concerned Engl ew oo d family, which I
am sure we all are , both rrry wife , Amanda, and I earn our living
here~each of us in different busine sses, Amanda has been in the
beauty business for several years with Mr. Chalmerse Parker, while
real estate is my business. We have a sizeable real estate invest-
ment portfolio of Englewood business and residential pr operty. Our
home is located at 318 1 So uth Downing and our ch ildren are in Engl e-
wood public schools . Both Amanda and I take an active part in
~ citizen part icipat ion, with me mberships in various community organiza-
tions.
I am happy to presently be serving as a member of the Central
Business Dis trict Committ ee under the chairmanship of Councilman
Don Smi th.
My prayer in life is that I may be found worthy as a citizen thr ough
brotherhood and Christianity so that I may do rrry bes t for my fami l y
and community .
If y ou find me worthy t o serve in this capacity , I ple dge my support
to the established purpose s and ffOa ls of the ci.ty and its dedicated
leaders .
I hone my requ cflt will meet with your a pprov al.
llefl'p P.<:tfll lly nnd AincerP.1.V ,
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Honorable J ames L. Tavtor,
May o , Citv o f En~lewood,
City Ha ll ,
3400 So. natl,
En~lewood, Colorado
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2291 ~ast Dartmouth Place,
,;n ~l ewood , Colorado 80110 80110
any_ Ea:nrl oY
&n71~, .SS/t:J n
Dear Sir:
Please consider me for appointment to any Board or co ~mission
y ou may have vacant that you feel I am qualified to fill.
I retired from the Colorado State Tax Commission fiYe
years aeo havin~ served on and with that 6ommission since 1937, the
last 24 years as a member, four years as chairman.
Since retirin~ I have worked about half time as a lobbyist
for the Colorado Asses s ors' Association.
I will be 74 years of a~e next February, I a m in ~ood
health, have owned my home at 2291 East Dartmouth Place since
196), orior to that I owned and lived at 1726 South Fran'·lin,
Denver, Colorado •
I am serious about~ this letter, and would appreciate
~ talking to any person 1n position to inform me as to vacancies
available, and requirements desirable ~nd necessary • .
An answer to this letter would be ~reatly appreciated.
. / ? ~~~~e~!ii' (· /t,-u'Y L c{ · ·
2291 East D~lmouth Place
En~lewood, r.olorado 80110
Phone 789-)388
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MEMORANDUM
To : Andy Mccown, City Manager
From: William D. James, Director of Financ ~
Date: June 28, 1977
Subject: Management Letter
Per your request, I am responding to the items relat ed in the management l etter
dated April 29, 1977 from Shepherd and Company, Inc., the City's independent
auditing firm.
Prior Year's Management Letter
(1) Sales and Use Tax Audits Performed
During 1976, the City conducted thirty sales tax audits which generated
$39,000 in additional revenues. We also conducted five hundred desk audits
on use tax, after we had revised some of the forms and procedures during
1976 relating to use tax audits.
The problem has been that, as the City's accounting functions hav e grown
over the last several years, the Sales Tax Auditors have been required to
perform titese additional accounting functions . During the bud get process
of 1976, the City Council approved a new position in Accounting to perform
the accounting functions so that the Sales Tax Auditors can perform more
sales and use tax audits. However, due to personnel problems, this po sitio n
was not filled until around June 15th of this year. We anticipate gearing
up fully in sales and use tax audits during the first week of July, and
hopefully this program will be in full swing by the first of Au gust.
(2) Pension Funds
The City is aware of the problems of the pension funds and the liability
placed upon the City. The Police and Fire Pension Funds have a substantial
amount of unfunded past service costs. However, the Cit y Council has taken
action to keep these funds at least funded on a normal cost basis, which is
more than any other city in the State of Colorado is doing in the pension
fund area.
The Employees Pension F~n d is in excellent financial condi tion, and the
unfunded past service cost l s estimated to be paid off over a fifteen-year
period of time. As J norm, most pension funds anticipate paying fo r the
unfunded past service cost over a thirty to forty year pe riod of time.
I think we are doing all we can in the Police and Fire Pension Fu nd area
at this time to try to alleviate some of the financial burdens being
placed upon the City.
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Andy McCo\.111, City Manager
Page 2
June 28, 1977
(3) Defaulted Special Improv e ment Bonds
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Last year , the auditors s t a ted that th e City should try to close the Defaulted
Spec ial Improvement Account which dates ba ck to 1951. On November 4, 1976,
the City Manager sent a memo t o the City Attorney stating that the old defaulted
districts need to be closed out and if arrangements could be made to close this
account by cou rt order or some other means . We will send another memo to the
City Attorney requesting that this action be taken again this year .
Colla teral Securities
Even thou gh th e management letter states that the state legislature n ow allows a
pooling of co llateral securities for the protection of deposit of public monies
under the Public Deposit Protection Act of 1975, our Code does n o t specifically
addres s the pooling of banks for pledging of collateral sec urities but does not
eliminate the possibility of the banks from doing this. The auditors stated
that this is a pragmatic problem, and I think the matter should be r e viewed by
the City Attorney with an o pinion as to if the Code nee ds to be changed or left
as is.
Investments
The auditors were concern ed that the investments placed through Bache Halsey
Stuart, Inc . do not affo rd the City protection necessary in case the securities
were lost, stolen , or destroyed . I have at tac hed a letter from Bache Halsey
Stuart, Inc. whi c h outlines ade quate prot ec tion for our securities as far as
I am concerned. I will fo rward this letter t o Shepherd and Company for th eir
review to see if it meets their guidelines for providing adequate prot ec tion
for the securities placed with Bache Hals ey Stuart .
Uncollected Sewer Bills
The a uditors pointed out that the City did not assess any sewer bills to the
c ounty in 1976 for delinqu en t accounts. I would like to note, first off, that
up until three years ago the City did not assess delinquent accounts to the
c ounty at all for collec tion. There is nothing in the Code that specifically
states that this has to be done each year . Nor is there any formal policy
adopted other than the one by the Finance Department stating that we will
c o llect delinquent accou nts each year .
The main reason we did not assess de l inquent sewer bills to the county this
year was because we were trying other means of collecting these accounts .
We had about thirty ou tstanding delinqu ent accounts at year end, and these
thirty accounts will be assessed next year.
I would like to note that in the first go-around of assessing delinquent
accounts to the county , some of them were four, five and six years old .
I think we have come a long way in trying to hold down the number of
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Andy McCown, City Manager
Page 3
June 28, 1977
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delinquent accounts in the sewer area. Thirty delinquent accounts out of 25,000
I believe is an acceptable number for the City, and I am not sure that assessing
through the county would even resolve all of those accounts. However, f rom now
on it will be a formal policy of the Finance Department t o assess each year any
de linquent accounts remaining .
Weed and Rubbish Removal
We we re aware that during 1976 invoices were not sent out to property owners for
weed and rubbish removal performed by the City. This generates between $2,000
and $3,000 in revenue each year. Even though it is a minor sum, it is not
exc used for not trying to collect these accounts. We have set up new procedures
which we hop e will expedite sending notices to prope rty owners for the cos ts of
weed and rubbish removal performed by the City.
Sales Tax Ordinance
The proposed c hange s outlined in the management letter regarding the sales tax
ordinance I feel should be reviewed by the Tax Committ ee with a recommendation
back to City Council. It will have some financial impact on the Public Improve-
ment Fund and the General Fund, but the exact impact is not known at this time.
I believe the situation should be studied by the Tax Committee with a report
back to City Council on the original intention of the Tax Committee's recommenda-
tion.
Computer Equipment
The City presently has an NCR399 disc-drive comp u t er. We have contacted NCR
and we can run our program on an NCR499 which is locate d in their main office
in Denver. There is still some question as to if they would be able to process
our i n formation stored on discs with the 499 equipment configuration. However,
we will check into the matter further and will insure that the City has adequate
back-up capabilities within the metro area .
Investments in Policemen's and Firemen 's Pension Funds
The management letter states that the City has not received formal written
not ice that the majority of the members contributing to the Police and Fire
Pension Funds had authorized a third party (money manager) to invest the funds
o n behalf of the City's Police and Fire Pension Boards. We will corr e c t this
situation by notifying the Police Chief and Fire Chief in July to take a formal
vote of those members co ntributing to each respective fund that they authorize
a third party (money manager) to invest pension fund monies.
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Andy McCown, City Manager
Page 4
June 28, 1977
Operational Audits
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The management letter sta t es that it would be desirous for the City t o consider
o perational audits of some f unc tion or program within the City. I ag r ee wi t h
this recommendation and would encourage you to recommend to City Co uncil t o
amend th e Finance Department budget by $5,000 for 1977 in order to hire
Shepherd and Company t o develop and conduct an operational audit program
for the City on a one-time basis. After that, the City should be able to
use the guidelines and procedur es used by Shepherd and Company t o do our
own operational a udits. I think the operational audits are most desirous
in conjunction with the rec ommendation to City Council i n using a task force
approach to analyzing budget programs and functio ns.
Con clusion
I would like to thank Shepherd and Company, your office, and the City Couc il,
fo r th e fine c ooperation we have r eceived during the audit process fo r 1976.
I think Shepherd and Company , your offi ce , a nd the City Counci.l hav e given
the Finance Department some excellent direct ion to improve not only the
Finance Department's operations but other departments as well .
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M E M OIIANDUM
T 01 B. V. Bererdlnl, City Attorney
l i OV C 197 6
FROM1 Andy Mccown, City MRDSpr
DATE, November 4, 1978
6UBJECT1 MANAGEMENT LETTER FROM AUDITING FIRM
Aa 7011 may recall. the City COWlClt received a management letter last April
from our audltfns firm, Shepherd and Compa117, Inc. There are two recom-
mendatlo~ In tlutt letter which need to be followed_ up by your office.
The ftret rebttea to a code change In Section l3~-2(c) where It 11t11tea thnt
collateral aecurltltea muet be of a matching amount equal to 1001', of 2!!
value. They recommend that market v1lue be uacd Instead due to large
fluctunUollS In tho market over the poet couple yean. The CoUDcll dlscuaaed
thla provision 11a I recall and were acceptable to It. The staff concurs wltll
the nudltor'a recommendatloa.
flle aecond recommendnUon relate. to cloalag the defaulted epecbl lmprove-
mcnt; ~trlct account. Th .. problem datea back mnny yeara and la a con-
tln~ nule1DCe Oil our boob. I am aure that you have looked at thla ID the
peat and are familiar with IL We need to bow what methods can be·uaed
to close thla accollllt -court order. etc. -and what to do wltb the final
aeeeta. We would be pad to dlacuaa thla further with you If you desire.
[ would hope that the ordlnl\DCe above could be transmitted to the City Council
soon In order to facllltate the change ID that section. Your cooperation la
appreciated.
Sine~
ANDYMcCOWN
City M P.na ger
f.McC/p
Enclosure
cc: Karl Nollenberger. Asalatant City Manager
Wl 111 nm J ames, Director of FlnMce ------
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r,B~a~ __ e_H~a~ls~ey~S_tu_a~rt~ln~c~.:---,--~::--:=--==-=-=-::--~---=-=-=--c-=------------Bache
~re_,_,a_ce_B_u_i _ld~in-"-g.~1~7~00_B_ro_ad_w_a.c._y_, _P._O_._B_o_x _5_62_5_T_._A_;. .• _D_e_nv_e_:r ._c_o_lo_ra_d_o_80_2_1_7 -----------~Halsey
_T_ele_p_ho_n_e:_29_2_-3_400 _____________________________ stuart
J . Edwar d Diamond
Reside nt Mana ger RECEIVED
Mr. William D. James
Director of Finance
City of Englewood
3400 SO. Elati St.
Engls.uod, Colorado 80110
Dear Mr. James,
June 9, 1977
Your letter of June 3, 1977 raises oertain questions regarding
the safety of certificates held in safekeeping by Bache Halsey
Stuart, Inc. The following info:c:nation obtained fran public
financial recprds should serve to ease your auditor's oonoerns.
JUN 11 1977
DEPT. OF FINANCE
ENGLEWOOD
Badle Group, Inc. has current net assets in excess of $100,000,000.
we also have secured additional in..§_uranoe coverage for accounts
specifically for loss through bankruptcy.
Oiarter New York C.Orporation, the parent a:npa.ny of Irving Trust
our depository bank, has current shareholder's equity in excess of
$300,000,000. In addition, your securities held by Irving Trust
or arrJ other depository bank are eotpletely segregated fran toc;se
held for that bank's own account.
Regarding loss fran theft fran either Bache Halsey Stuart, Inc. or
Irving Trust, l:oth institutions maintain insurance coverage for
this possible event. -......_
Sin~i7' (~ '
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&!ward Dianond
Resident Manager
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MEMORANDUM
To: D. James, Director of Finance
Direc tor of Finance
Subject: Sales Tax Audits
Per your verbal request for sales tax a udit and r e late d information, th e follo w-
i ng is a breakdown of results for 1976 and 1977. Please take into consid eration
that the sales tax auditor s were used in the preparation of the 1976 Financial
Report through March of 1977. Therefore, most of th ese numbers represent work
done in April and May.
Court Cases: 14 cases -$7,056.18 collected
2 pending
Delinquency letters sent -211
Credit letters sent 71
Amount Due letters sent -209 -$1,166.00 est. collected
(This letter sent to our sales tax accounts represents desk audits completed.)
Delinquency: January
February -
March
April
May
456 account~
S06
422
373
280
These desk audits are an attempt to get the delinquency list down in size to a
workable number. We have made progress in this area and hope to ha ve our
delinquency down to 1 or 2% within the next quarter. These delinquency lists
will also help provide sales tax accounts to be audited. From the May 31 sales
tax delinquency report are 46 a udits or court cases.
Field Audits: 8 audits -$2,085.34
1 refund -$4,376.83
Field audits in progress: 9 Audits -S construction
2 sales tax
2 Bi-City construction
As we get the delinquency rate down , we will be concentrating on more field
audits.
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WATER LEASE AND
MANAGEMENT J\GREEMENT
THIS AGREEMENT, made and ente red into this
day of July, 1977 by an d between the CITY
OF ENGLEWOOD, hereinafter called "Englewood"
b C.
and the CITY OF THORNTON, hereinaf t er called "Thornton,"
both municipal corporations of the State of Colorado,
WITNESSETH:
WHEREAS, Englewood is a part owner and claimant
of certain conditional water rights and facilities in
the Fraser River Watershed known as the Englewood Ranch
Creek Water Rights and the Englewood Ranch Creek
Collection System, and
WHEREJ\S, Englewood is entitled to divert a part
of the aforesaid water rights whenever water is avail-
able and use the water for beneficial purposes, including
irrigation, municipal, domestic, recreation and fire
purposes, anrl
WHERFAS, the aforesaid beneficial use is ac-
complished by means of a water exchange pursuant to
a Water Exchange l\~rPement of March 17, 19 6 4 e nt e red
into by r.nql0wood and the City and County of ncnvcr,
acting by and throu<Jh its Hoard of Water Commissioners,
hereinafter called the "Denver Water Board," as
modified by the Modification of Water F.xchange
Agr eement of September 2, 1969, entered into by
Englewood, the Denver Water Board and American Metal
Climax, Inc., a corporation of the State of New York,
author i z ed to do business in the State of Colorado,
ereinaf t~r called "Climax," and
w 1 :nr.AS, Thornton has larq e undeveloped service
a r ea s b o th within and outsid e its corporate city limits,
said areas being in a continuing process of development
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requiring commitments of additional water to serve
said areas, and
WHEREAS, the severe drought and lack of physical
raw water has put an increasing strain upon the water
collection, storage treatment, transmission and dis-
tribution facilities of Thornton, resulting in the
necessity for the acquisition of additional raw water
supplies, and
WHEREAS, Thornton has made a rP.quest for a long-
term lease from Englewood for amounts of raw water
deemed necessary to serve present and anticipated
service area and customers of Thornton, and
'WHEREAS, Thornton is also in need of a depen-
dable water supply for use in its municipal water
system, and
WHEREAS, Englewood is the onwer and operator
of a certain water storage and supply facility known
as McLellan Reservoir, with a capacity of approximately
5,940 acre feet which was constructen to store water
diverted from the South Platte River and to store water
diverted from the Englewood Ranch Creek Collection
System into the South Platte River System b y means
of a water exchange, and
WHEREAS, Englewood has a surplus of water
divertable under its Ranch Creek Water Rights which
it cannot totally utilize in the near or reasonably
forseeable future and is willing to lease such unused
waters to Thornton on a long-term basis and also lease
operational space for such leased waters in McLellan
Reservoir , and
Wl! FAS , t he Fngl e wood Ranch Creek System is
op rated b y the Denver Water Board for the benefit of
Englewood, Climax and the Denver Water Board, subject
to the provisions of the aforesaid Water Exchange
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Agreement of March 17, 1964 and the aforesaid Modification
of Water Exchange Agreement of September 2, 1969, and
it is mutually understood that the Englewood Ranch Creek
System will continue to be operated in accordance with
those agreements, and
WHEREAS, Englewood and Thornton will be jointly
operating the McLellan Rese rvoir System, it is desirous
that certain operating criteria be established in this
Agreement for such joint operation, and
NOW, THEREFORE, in consiaeration of the premises
and the mutual agreements and covenants hereinafter
contained, the parties hereto agree as follows:
1. This Agreement incorporates by reference
the Charters of both Englewood and Thornton, and not-
withstanning any provision herein containPd, if such
provision shall be in conflict with either of said
Charters, said provision shall be null and void and
severable from this Agreement as a whole, but the
remaining provisions of this Agreement shall remain
in full force and effect.
nEFINITIONS
2. The term "Englewood Ranch Creek t·1ater
Rights" shall mean those water rights owned in part by
Englewood and more particularly described in Appendix
"A" attached hereto, incorporated herein, and made
a part hereof.
3. The term "F.nglewood Ranch Creek Collection
System" shall mean those facilities owned in part by
Englewood for the diversion, collection and storage
of the "Englewood Ranch Creek Water Rights."
4. The term "nenv,r Water Doard" when used in
this Agreement shall mean the City a11d County of
Denver, acting by and through its noard of Water
Commissioners.
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5. The term "Climax" when used in this Agreement
shall mean American Metal Climax, Inc., a corporation
of the State of New York, authorized to do business in
the State of Colorado.
6. The term "Water Exchange Agreement" shall
mean the agreement entered into by Eng lewood and the
Denver Water Board on March 17, 1964 . The term
"Modification of Water Exchange Agreem e nt" shall mean
the agreemen t entered into by En g lewood, the De nve r
Water Board and C limax on September 2, 196 9 .
7. The term "McLellan Reservoir " shall mean
the water storage and supply facility owned and operated
by Englewood which was constructed to store waters
diverted from the South Platte River and to store waters
diverted from the Englewood Ranch Creek Collection System.
8. The term "McT ,ellan Rest>rvoir Water Rights"
shall mean those water rights described in Appendix "A."
TERMS AND CONDITIONS -----------
9. This lease shall be for a term of Twenty (20)
years beginning on the day of July, 1977 and
en~inq on th e day of July, 1998, unless
this ~gree ment shall be sooner terminated as herein-
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after provided. Unl e ss so term i nated,AThornton
shall have the option to renew the lease for succes-
sive terms of Twenty (20) years, upon giving notice in
writing to Englewood of Thornton's intent to exercise
the option of renewal not later than six (6) months
prior to the e nd of any Twenty (20) year term.
10. F or an annual consideration of Two Hundred
Thousand ($2 00,000.00) Dollars, Englewood agrees to
lease to T h o r nton an undivided Fifty percent (501) share
o f t h e ope r ational capacity of McLellan Reservoir; an
undivided Fifty percent (501) share .of the yield of
water produced by the exercise of the storage right of
McLellan Reservoir from the South Platte River, more
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particularly described in Appendix "A" hereof: and an
undivided Sixty percent (601) of Englewood's share of
the yield of water produced by the exercise of Englewood's
Ranch Creek Water Rights more particularly described in
Appendix "11" hereof, includ C'd as a part of the Englewood
Ranch Creek Collection System, and which may be stored
in McLellan Reservoir under the "Denver Exchange"
agreement purusant to the terms and provisions of the
Water Exchange Agreement of 1964 and its modification by
the Modification of Water Exchange Agreement of 1969.
11. It is mutually understood that the total
capacity of McLellan Reservoir is approximately
5,940 ·acre feet. 'J'he operational capacity may vary
from time to time, but shall be defined herein as that
storage capacity available hetween the outlet--works
intake invert and the elevation of either the crest of
the emergency spillway or that maximum elevation al-
lowed by the Colorado Division of Water Resources •
. 12. It is mutually agreed that the annual con-
sideration of Two Hundred Thousand ($200,000.00) Dollars
shall be reviewed every Five (5) years on the anniversary
date of this Agreement and shall be varied in relation
to the then existing value of United State money. Such
value shall be computed hy use of the ratio which the
value of United States money on the date first ahove
written bears to the value of United States money on
the anniversary date upon which the consideration is re-
viewed. The value of United States money at any time shall
be determined by an index of construction costs based upon
data c ol r t ed a nd pub lished in the F.ngineering News
RPc-o r d , "'r 'ch is a publica tion of a private data
ga t h e ri n ~ a gency, subject to any modifications,
amp lifica ions, and changes of method in making or
computing the same as shall or may be made from time
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to time by said agency. Should the Engineering News
Record Index of the costs of construction cease to
be published, then the nearest similar publication
published by a bureau, board or agency of the United
States Government, or some other private data gathering
agency mutually acceptable to both parties, which gives
the same type of information, shall be the basis for
the computation of the variation in payments.
13. It is mutually agreed that either party shall
have the right to reserve water in their undivided share
of the operational capacity from year to year without
redistribution. Should either party not fully utilize
its share of the undivided capacity, the other party
may temporarily utilize the unused capacity. Should
the party with the right to the unused capacity sub-
sequently have water available to refill their un -
divided share, the surplus waters will be considered
spilled when the total operational reservoir capacity
is exceeded unless other arrangements are made by
and between the parties hereto.
14. It is agreed that should maintenance or
repair of the McLellan Reservoir System be necessary,
that this shall be the full responsibility of Englewood,
The expense of any modification to the facilities for
the convenience of either party, or both, shall be
shared by the parties so benefited, in proportion to
the entitlement of operational reservoir capacity.
15. It is mutually agreed that any modification
or repair to the Reservoir facilities including the
inlet and outlet works shall be coordinated between
~he pa rt i ·s t o i nsure thei r ability to take delivery
o r \.later rom the fac ility when requi.red.
16 . It is mutually agreed that should the
reservoir not be full and the McLellan Storage and
Ranch Creek Collectio,1 System decrees not be in
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priority that the parties shall have the right to
store other waters for temporary detention purposes
or storage in the unused capacity of McLellan Reservoir
with no liability other than to themselves. The amount
of storage capacity available and the amount stored
will be on the basis of the depth of water in the
Reservoir as it relates to the depth capacity
curves of McLellan found in Appendix "A." Pumping
costs and ditch losses will be paid by the party
benefited by the storage of other waters.
17. It is mutually agreed that all waters
which are stored or detained in McLellan Reservoir
will pe diminished by their proportionate share of
evaporation calculated at a mutually agreed rate
if necessary.
18. It is mutually agreed that Thornton shall
pay to Englewood the pumping cost for waters stored
in the McLellan Reservoir which do not result from
the Englewood Ranch Creek Collection System "Denver
Exchange" yields. Should the Highline Canal be used
for filling McLellan Reservoir, the parties will share
the canal losses, and costs, if any, in proportion to
the amount of water received by either party inclurling
foreign waters.
19. It is mutually understood that ~ny re-
quests for release of water from McLellan Reservoir will
be made to the manager of McLellan Reservoir at least
Twenty-four (24) hours in advance of the anticipated
release time. It is also understood that should the
reservo i r be ful l , that the water will automatically
d ! sc h arg f' in to t h e Dad Cl ark Gul ch below the reservoir
thro ugh he e merge ncy spillway and f.low to the South
Pla tte H v er . Floods will fill or pass through the
reservoir and flashboards are prohibited on the emergency
spillway.
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20. It is also understood and agreed that once
the water is released to Thornton at the outlet of
McLellan Reservoir, Thornton agrees to assume all risks
and responsibilities for carriage of such water to the
delivery points of its distribution systern and further
agrees to assume all transportation and carriage losses
chargeable by the state water administration officials.
21. It is mutually agreed that Thornton shall
have the first right of refusal to Englewood's share of
the yield of water from the Englewood Ranch Creek
Water Rights brought into the South Platte River
Watershed and exchanged under the "South Platte River
Exchange" or the "Williams Fork exchange" pursuant
to the provisions of the Water Exchange Agreement of
March 17, 1964 and its modification by the Modification of
Water Exchange Agreement of September 2, 1969 at a charge
of Twenty-five ($25.00) Dollars per acre foot. The
water shall be measured at the point of delivery from
either the inter-connection between the Englewood
Ranch Creek Collection System and the Moffat Water
System of the Denver Water Board or at the point of
release from the Denver Water Board's Jones Pass Tunnel
into Clear Creek, as the case may be. Once said water
is delivered at the above described points, Thornton
agrees to assume all risks and responsibilities for
the carriage of such water and in making any exchange
for waters of the South Platte River. Thornton also
agrees to assume all seepage, evaporation losses and
fees for the carriage of such water in the Moffat Water
Sy s tem fac l ljties of the Denver Water Board and
~~ g ea l ~ i t and for the carriage of such water
in the pub ~i c streams of the state chargeable by the
state water administration official~.
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22. It is understood and agreed that the charge
of Twenty-five ($25.00) Oollars per acre foot for the
water described in the preceding Paragraph 21 hereof
shall be reviewed every Five (5) years on the an-
nivers a ry date of this Agreement and sha ll be varied
in relation to the then existing value of United States
money determined in the manner provided in Paragraph 12,
abo v e .
23. This Agreement involves the use and
furnishing of raw water outside the territorial limits
of Englewood. It is mutually understood and agreed
that Englewood may have to interrupt the delivery
of raw water produced from the exercise of its
Ranch Creek Water Rights to Thornton and resume
delivery to Englewood to provide adequately for users
inside the territorial limits of Englewood. The
right to interrupt such delivery is a matter to be
determined by Englewood in the exercise of its
reasonable discretion from time to time as occasion
may require. This determination by Englewood shall
be based upon th e sta ndards and limitations herein-
after set forth.
24. The welfare of Englewood and its in-
habitants requires a stable water supply and while
it is essential for Englewood to maintain a water
supply adequate to meet the needs of its users,
there are many elements which make it uncertain whether
th e sup p ly can always be adequate for all uses and
pur poses, and, therefore, in times of shortage, the
1 di ided s ·x ty percent (6 0%) of r:nql ewood's sha r e
uf he y · .l p r o d uced fro m t he e xerc ise of Englewood
Ranch Cre ~k Wa ter Ri g h t s leased t o Thornton may be
curtail e d and such water yi e ld delivered to F.nglewood
on an incre mental basis as available. Before thi s
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water yield shall be called back by Englewood, water
use within Englewood and Thornton shall be curtailed
so as to try and avoid if at all possible having to
call back any yield by Englewood away from Thornton.
The curtailments to be imposed by mutual agreement
both within Englewood and Thornton shall be on the
following basis, the first listed curtailment beinq
adopted to meet the least serious situation and the
succeeding curtailments being adopted in addition to
prior listed curtailments, the last to meet the gravest
possible situation and one which every reasonable
precaution must be taken to avoid, to wit:
1. Restriction of uses, which can be
accomplished without serious injury to person or
property and prohibition of non-essential uses.
2. Prohibition of irrigation except for
commercial greenhouses.
3. Prohibition of every use except for
domestic use and for essential commerical enterprises
and industry.
4. Prohibition of all uses except
domestic uses.
25. F.nqlewood agrees that the water yield
available to Thornton under this lease shall not be
curtailed or called back by Erglewood to sP.rve future
users other than Thornton outside the territorial limits
of F.nglewood.
26. Thornton agrees to prevent all unnecessary
or unreasonable waste of water from its distribution
ac i iti c s and a l l connections thereto.
2 7 . I t is mutua l y unders tood and agreed th at
the wa tc su pp ly ava ilab le from the exercise of Englewood
Ril nch Cr <'k Wr1 tC'r Riqhts is clP.p<'n<lc-nt upon sources from
which the supply is variable in quantity and beyond
any control of Englewood. No liability shall be incurred
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under this Agreement on account of any failure to ac-
curately anticipate the availability of water supply
or because of failure of water supply due to in-
adequate run-off or other occurrence beyond the
reasonable control of Englewood.
28. It is acknowledged by the parties hereto
that Paragraph 14 of the Modification of Water
Exchange Agreement of 1969 provides:
"14. Englewood agrees that it will not,
after the date upon which this instrument becomes
operative, directly or indirectly, sell water for
domestic or -municipal use, or provide domestic or
provide domestic or municipal water service, outside
its municipal boundaries to any person or entity for
any area not currently receiving such water or water
service unless application therefor shall have first
been made to the Board and unless:
A. The Board finds that it is not able
to provirle water or water service for
such area within a reasonable time after
receipt of the application, with the
result that the Board declines to
accept the application, or
B. The Board finds that it is able to
provide such water or water service, but
for other reasons declines to accept the
application.
Areas outside Englewood's municipal boundaries which are
currently receiving such water or water service from
Fnql~w000 are s h own on the attach ed map which is
s1q nat e · as Exhi bi t A a nd incorp orated herein by
rr frr n c,
2 9 . It is mutually agreed that this agreement
shall be submitted to the Denver Water Board for its
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consideration and action in ·compliance with the
provisions of Paragraph 14 of the Modification of
Water Exchange Agreement of 1969 set forth in the
preceding numbered paragraph hereof. Thornton by
submitting this Agreement to the Denver Water Board
hereby makes application to the Denver Water Board
for raw water in the same amounts, for the equivalent
operational storage capacity, for the same consideration
and for the same period of time as provided in this
agreement. Thornton requests the Denver Water Board
to accept or decline this application within hirty
(30) days from the date this Aqreement is transmitted
to the Board. The parties hereto consider this to be
a reasonable time to accept or decline the application
as the lease of water by Englewood to Thornton has been
under consideration by the Denver Water Department since
March of 1976.
30. Except for the emergency lease of water
hereinafter provided, this Agreement shall be suspended
for a period of Thirty (30) days from the date of receipt
of this Agreement by the Denver Water Board to permit
it to consider t~e request of the parties hereto.
31. It is mutually agreed that Enqlewood reserves
the right to sell aml cHsposc of all or a part of the
water rights which produce the water leased by th i s
Agreement and all or a part of the facilities used
for the diversion, collection and storage of thes'e
water rights known as the Englewood Ranch Creek
Collection System and McLellan Reservoir. This reservation
may be exercised by Englewood at any time during the
duration of this lease or any extension thereof. Should
r q ewoOC'' a a ny time d ec ide to di spose of all o r a part
O JI I 1 , ..:n od l<anch r r<'c k Wilt er flig hts and its part of
the E ngl , •o od Ra nch Creek Collection System, Thornton
shall have the first right of refusal to acquire Englewood's
part of the Englewood Pane~ Creek Water Rights and its
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part of the Ranch Creek Collection System, by the payme nt
to Englewood of whatever amount is offered to Englewood
as payment therefore. It is understood that at any given
time, an offer to Englewood to acq u i re the aforesaid water
rights and part of the collection system could necessitate
the payment by Thornton to Englewood of a substanital
amount of money, and, therefore, Englewood agrees that
pursuant to this first right of refusal, Thornton shall
have a reasonable amount of time to present to its citizens
a bond issue to be voted upon by them if such vote be
needed and required in order to provide money to acquire
all or a part of its Englewood Ranch Cree k Water Ri g hts
and its part of the Englewood Ranch Creek Collection
System.
32. In the event that Thornton shall fail to
keep or perform any agreement on its part to b e k e pt
and performed according to the terms and provisions
of this Agreement and Englewood gives Thornton written
notice specifying the particular default or defaults,
Thornton shall have such time as provided in said notice,
which period of time shall in no event be less than
Ninety (90) days in which to correct such default or
defaults. Failure to correct such default within the
specified time period allowed, ma y r e sult in the term-
ination of this Agreement by F.nglewood upon the
giving of Sixty (60) days written notice to Thornton.
Waiver or failure to give notice of a particular
default or d e faults, under this paragraph, shall
not be construed as condoning any continuing or sub-
seque nt default. If either party s h ould contest any
e t i o n p rsu~nt to he ope r a t i on of this pa ra g ra ph i n
r , t' , qr c>r'mcn t sha l l r e mai n i n e ff e ct pcnd i n q
a clf'tP rm 1 i lion l..>y t il t' c o urt in 5 a irl a c ti o n .
3 3 . No assignment by Thornton of its rights
und e r this Ag r eement shall be binding on Englewood
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unless it shall have assented to such an assignment
with the same formality as employed in the execution
of this Agreement.
34. All water furnished hereunder is on a
leasehold basi5 for the use of Thornton and its
customers for all of the various purposes for which
Englewood has been decreed the right to appropriate
water. Such right to use water by Thornton and its
customers to the extent legally permissible includes
any right to make a succession of uses, re-use, ex-
change, or other lawful use, upon the completion of
the primary use by Thornton or its customers. Except
if herein specifically otherwise provided, all property
rights to the water to be furnished by Englewood are
reserved in Englewood.
35. The parties hereto agree that this
Agreement will continue until terminated by mutual
agreement, notwithstanding the possible curtailment
of service as specifically provided for herein.
· 36. Failure of either party hereto to exercise
any right hereunder shall not be deemed a waiver
of such party's right and shall not affect the
right of such a party to exercise at some future
time said riqht or riqhts or ~ny other riqht it
may have hereunder.
37. Because of the severe drought presently
occuring, Englewood on an emergency basis, agrees
to lease to Thornton water available from its
Ranch Creek collection system or McLellan Reservoir
during 1977, if needed and when requested by
Th or nt o n, ,, a p ricP of Onr l!undrf'rl ann 'l'wenty-
i ~ ($1 ~ 00 ) no llars pe r acre f oot , me a s ured
at he OJtl et of McLella n Reservoi r, to be
i l led a n promptly paid by Thornton.
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38. Appendix "A" consists of the following
attached material:
a. List of Englewood Ranch Creek
Water Right decrees.
b. List of McLellan Reservoir South
Platte River Water Right decrees.
c. McLellan Reservoir outlet works dis-
charge curve.
d. Depth area-capacity curve of McLellan
Reservoir.
ATTEST:
city Clerk
Approved for Englewood:
Kells Waggoner
Acting City Manager
City _of F.nglewood
D. V. llcranHn1
City Attorney
City of F.nglewood
James o. Ge1ss1nger #2470
Special Water Counsel
City of Englewood
S'rl\TF. OF COLORJ\00
COUNTY OF J\RAPAIIOE
ss.
CITY OF EW~LENOOD
BY: M'"',-a_y_o_r ___________ _
T e f r e inq instrument was acknowledged before
me this da y of , 1977, by
----, as Mo y or a nd
a~ Ci y r 1 erk of the rity o f En glewood, Colorado.
1'1 1 t nes s my h a n d and officia l seal.
My commission expires=---~----------
Notary Public
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ATTEST:
City Clerk
Ap proved for Thor nton:
Jame c. Perry
City Manager
City of Thornton
Kenneth L. Broadhurst #1659
Utilities Attorne y
City of Thornton
STATE OF COLORADO
COUNTY OF ADAMS
ss.
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CI TY OF TH ORNTO N
BY : '"'M~a-y_o_r __________ _
The foregoing instrument wa s a c knowledqed before
me this d ay of , 1977, by
, as Mayor and -a-s--,C~i~t~y-C,....l_e_rTk-o~f.-th:-T-e-~C~ity of Thornton, Colorado.
Witness my hand and o f fic i a l s e al.
My commi s sion expir es : _____________ _
Nota ry Public
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T o
Dote T im e
WHILE YOU WERE OUT
Mr .
of _
Ph one
N umbt"r r -=
Please coll -----Tel~honed
~lied t o see you,_
Wants to s ee you
Message
FORM 100
W, II coll 090 1n
IH:TUANED YOUR CALL
111tc r .110(CU L(O.,Dt "U)II
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Dear Mr. T~lor,
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~~c c· r..:-Ene;lewood, Coloracid !-1,._ l • U
June 29, 1977
J 1 iS77
Ci""iY ;,:Ar~;\ -i'·s c~; v
rn .c.Juu
We hope that scaething can be done about the DOO situation..
1n ~levood. In several areaa they bark all ~ht, and in
others the)-run looae by the dosen.
Let's act ~ore there is a real crisis.
Cordially youra,
Bill Ooff'in
3057 So.Ga l a pago .
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M eel S OV d d econ e A 1ve N av Ab tai s n Ab t sen
1/ Williams
V' Sovern
<-----;:im1tn
I./" Mann
L,/' Brown
I/' c1avton
I~ Mayor laylor
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ROLL CALL
M ed S d d A ov econ e \Ve av sta n sent Williams v-
N Ab Ab
Sovern L---:)fflltn 1../"' (../" Mann (-
L---Brown v'
Clayton // Mayor Taylor /__.-
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Sovern V sm1tn J,/
Mann /.,/
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Mov ed s d d econ e A We -Nay Abstain A bsent
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,._ Williams c..---Sovern .......
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Moved Seconded A e Na Abstain Absent
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econ e lve Nav Abstain Absent
Williams --z::::;::;-,__.. Sovern ,._
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ROLL CALL
ove econ e A N we av Ab sta n Ab sent
Williams
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Mayor laylor
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