HomeMy WebLinkAbout1977-09-06 (Regular) Meeting Agenda• -
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_CITY _COUNCIL MEETING -September 6, 1977 _
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AGENDA FOR THE
ENGLEWOOD CITY COUNCIL
SEPTEMBER 6, 1977
)nv
7:30 P.M. Call to order, invocation by R~nd Jo Booth,
Church of Christ, 4690 South Logan, pledge of
allegiance by W:belos Den #1, and roll call .
1.
P(yrt-v'i,-
Ar{('J"v /..,
Minutes.
(a) Minutes of the regular meeting of August 15,
1977. (Copies enclosed .)
(b) Minutes of the special meeting of August 22,
1977 . (Copies enclosed.)
Pre-Scheduled Visitors. >-'R .. ah•ffs.'l. d
(a) Mr. ·Rudolp~Tish, owner of the Liquor Barn,
4415 South Broadway, will be present to request
approval for plans to remodel and expand the
facility. (Copies enclo·sed.)
3 . Public Hearing .
(a) To consider proposed use of revenue sharing
funds for the 1978 Budget.
4 . Communications -No Action Recommended.
(a) Minutes of the Housing Authority meeting of
July 6, 1977. (Copies enclosed.)
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Pa g e 2
Se p t ember 6 , 1977 Ag enda
4 . Communications -No Action Recommended (Continued).
(b) Minutes of the Planning and Zoning Commission
meeting of July 19, 1977. (Copies enclosed.)
(c) Minutes of the Denver Regional Council of
Governments meeting of July 20, 1977 . (Copies
enclosed.)
(d) Minutes of the Board of Career Service Commission-
ers meeting of July 21, 1977. (Copies enclosed.)
(e) Minutes of the Parks and Recreation Commission
meeting of August 11 , 1977. (Copies enclosed.)
5 . Communications -Action Recommended .
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(a) Minutes of the Water and Sewer Board meeting of
August 23, 1977 with the following recommendations :
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(b)
(i)
(ii)
concerning Supplement #9 to Greenbelt
Sanitation District;
concerning appointment of a Board member
to a Review Board to select an engineer
for the Water Capital Improvement Program;
and
(iii) concerning a replacement for Harold
Babcock.
(Copies enclosed.)
'-" • I ~ Recommendation from the Jlanning and Zoning
Commission meeting of August 16, 1977 concerning
amendments to the Comprehensive Zo ning Ordinance.
(Copies enclosed.) ~1.L-•...._ .... .
(c)
~'t ~> / i\l "-
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(d)
r ..,_..,vJ.-
-c7~~/1"(« ,....(e)
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Memorandum from the Director of Community Develop-
ment to the City Manager concerning an encroachment
agreement for the Englewood Elks Lodge #2122.
(Copies enclosed .)
Memorandum from the Director of Community Develop-
ment to the City Manager concerning an encroachment
agreement for 2791 So uth Ogden Street. (Copies
enclosed .)·
Memorandum to the Englewood City Council from
the Director of the Englewood Housing Authority
concerning the Housing Rehabilitation Loan
Committee. (Copies enclosed .)
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Se p t emb e r 6, 1977 Ag enda
5. Communications -Action Recommended (Continued).
(f) Memorandum from the Chairman of the Englewood
Housing Authority concerning the revised
loan agreement between the Englewood Housing
Authority and the Continental National Bank.
(Copies enclosed .)
6. City Attorney.
Ordinance on Final Reading.
,,.-(a) Ordinance increasing the charge for the cutting
(,.,._ , 1 off of water service. (Copies enclosed.)
~ Proclamation.
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'"l. . ~ ... / ·,J_..,..,.....--vJ ... f . ....
(b) Proclamation proclaiming September 17, 1977 as
"Cookie Monster Day" in the City of Englewood.
(Copies enclosed.)
Other Ma tt ers .
(c) Memorandum from the City Attorney concerning
the Denver Metals Company vs. Arapahoe County.
(Copies enclosed.)
Stipulation and consent to entry of judgement
between the City of Englewood vs. Motor Crane
and Winslow Construction. (Copies available at
session.)
Easement agreement between the City of Englewood
vs. Motor Crane and Winslow Construction . (Copies
available at session.)
(f) A~E?rney's Choice.
~ ,(1 . -o .. ,.,... ,,,.__ v ..._ t ~n
City Manager .
(a) Resolution requesting the City Manager to give
notice of the lease between the City of Englewood
and MacLee Radio Inc . for land needed for the
second nine holes of the Golf Course. (Copies
enclosed .)
(b) ·consider at ion of re f und of rentals for property
locat e d at Girard and Lincoln Streets.
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Septemb er 6, 1977
City Manag e r (Continued).
~Y Report regarding overtime and manning i~ the
Fire Department . (Copies available at s ession .)
d.L..J.,:, ~..,l.,U,1-<-q l~ . JQ<J... -<''""J q
(d) Report recommending u•e of an /surplus pumper
from t he Fire Department being assigned to
Red Rocks Campus of the Cormnunity College
of Denver. (Copies enclosed.)
(e) Call for a public hearing on the proposed budget
and use of revenue sharing funds on October 3,
1977 .
(f) Suunnary of the Little Dry Creek Survey . (Copies
enclosed.)
(g) Manager's Choice.
8. Other Visitors .
9. General Discussion.
(a) Mayor's Choice.
(b) Councilman's Choice . 1L., .. -V:..uu.,,,-
(i) Appointments to boards and connnissions .
10. Ad j ournment.
J l !g~
ANDY~ COWN
City Manager
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RF~GULA R MEET I 'G:
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. COUJ err, CHAMBEH S
CITY OJ<, 1 GLEWOO D, COLORA DO
S e p t ember 6 , 1 97 7
'The City Co un il o f th e City of Fne ,moo d , Arr.pahoe Co ,t y , Co ] or ado , me t
in resul a r ses~ion on e tu::.he r 6 , 1977 at 7 :30 P.M.
l·'.ay o r Taylor , res i n cal e d t he meet ing to or e r ,
The invocati o n wa s given by J.!r , Jo Booth, Ch urch o f Christ , 469 0 So uth Logan,
The Pledge o f Allegiance wa s led by Meye r Taylor.
Mayor Tay lor aske d for roll call. Upo n the call of the r oll , the following were present:
Counc il Memb ers Williams , Sove rn , mi th , Brown, Man n, Clayton, TayYo r
Absent : None
The Mayor declare d a quorum p re sent ,
Als o p resent we r e: City ~:a nag er McC own
Assistant City Manager Curnes
City Attorney Be r ardini
Dire c tor of Co mmun ity Developme nt Wanus h
Director of Public Works Waggoner
Fire Chief Ham ilton
Acting Emp l oyee Relations Di r ector Brown
Director of Finance/City Clerk J ame e
Reve nue Chief J ohanniss on
Deputy City Clerk Watkins
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COUNCILMAN SMI TH MO VED TO ACCEPT THE MIN UTES OF THE RE GULAR CI TY COUNCI L
MEETIN G OF AUGUS T 15 , 1977 , Co unc i br.an Sovern seconde d t he mo tion , Upon the call of
th e roll , t h e vote r e s ult e d as foll ow s :
Aye s:
1,c.;;-s :
Council Mem b ers Lmi h, Mann , Br o wn , Clayton , Willi ams , Sovern , Taylor
on e
Th e !':,.yor d clare d t he mo i 0 n carried ,
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COUl h .'IU'.A N !'A: .'l MOVED TO ACCEPT '.:'i:t: ll,Il/lJTES OF THE SPEC IAL CITY CO UN CI L
'ET I rn OF t.U~:J:lT 22 , 1977 , Counciln·'\r. i3rm.•n r t-conde d t he n:o tion , U o n the call o f
th e roll , the vc.te re eultE d as f ollm,s :
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Sept eober 6 , l 77
P e.g e 2
t s : Counc il !,: ers frni t h , '·,u n , Bro,:n , C , ton , ',;J 1 a!!l s , ovcrn , 'l'p..y lor
The ).: "O r c.e cl a red the mot o n car ri e d .
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COUNCILMAN CLAYTON MOVE D TH AT THE HAYOR PRES EH'l' TO MR . DON HARPER A
PROCLAMATION DECLARIN G SUNDAY, SEPI'EMBE R 11, 1977, TO BE "DON HARPER DAY" IN TH E
CITY OF ENGLEW OOD, COLORADO. Councilman Smith aeconde d the mot ion. Upon a call o f
the roll, the vote resulte d as follow s:
Ay e s : Co uncil Memb ers Smith, Mann , Brown , Clayton, Willi am s, Sove rn , To,ylo r.
Nays : ?l o ne ,
The Mayor declared th e mot ion c a rried ,
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COUNCILMAN CLAYTON MOVED T'rlAT 'l'HE COUNCI L ACCEPT THE PROCLAMATION AS
PRESENTED AND FULLY SUPPORT 'l'HE PROCLAf1AT ION. Co \/n cilma n Brown seconde d the mot ion.
Upon a call of the roll, the vote r es ulted a s fol.l ow s:
Ayes:
Nays :
Co uncil Members, Smith, Mann , Brow n, Clayton, Williams, Sovern, Taylor
No ne
The Ha yer d e cla r e d t he mo tion carried.
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~:ayer Tay lor p r sented th i s p r o e l ar.at o n to '.r , Har e r, \/h ch honor s h m
f o r his s ervi c e a s "upe rinte nde nt of f ng lr:wo od Pub lic S c c ols f o r te n years and th e
a rticipati o n '1ith En gle•.w od Pub] i c S chools t otaling 3 8 y e ars as well a s a c k novl •dgi n g
the dedicate d i nt e r e s t and l e ade r s hip l·:X-, Harper as aispl i:,.ye d a s a n Englev ood ci ti ~en .
h o nor. Do n l~B:'J')e r, ~930 S . E G.t i, t han l:ed the Cit y f o r t his priv e ge an d
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Pre-sche dule d visitor l·'.r . Rudol f Tisch , O\/ne r of the Liquor Ba rn , 4415
South Broad\/ay , appeared an d reques ted fr om the City app r o v a l f o r l a ns to r e mo del
and expan d t:ie fa cil ity . P.e reyi •e d the pl a ns '-'ith the City Co uncil and ans"ered th e ir questi o ns .
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S c, c, e r 6, 19 7 7
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CO UN CI LMAN MANN J,:OVE D 'rH AT 'l'HE COUNCI L AJPROVE 'I'"rl E IS TO r :xFAI D T1 l E
F.4CILI Counci e.n Willi ams seco nd e d t e 1.otion . o n a call o f t.he ro ll , t. e
v o te r es ult e d as fol o~s :
j c s :
1 e. s :
Cornei l J,:cm b ers Gr-.J.th, 1:,'111 , B o,·n , C o o n , W lli ons , Sov r n
Co unc il l:C=lllb e r Teyle r
Th e } yor d ee are d t he mot i o n c11.rr i e d ,
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CO UNCILMAN CLAYTON MOVED TO OPEN PUBLI C HEARIN G ON THE PRO POS ED US E
OF REVEN UE SHARIN G FUNDS FOR 1978, Cou.ncilme.n Smith oeconde d th e motion , Up o n
a call of th e r oll, the vot e r es ulte d a s follow s:
!..yes :
!lays:
Co u ncil M mbers Sm ith, Ma nn , Brown , C a y ton , Willi em s , Sovern , Taylor
Non e
The Mayor declare d t he mo tion carrie d ,
City Ma nage r Mc c o wn sta ted t he purpos e o f thi s pub li c h earing is t o c ons ide r
the proposed uses o f revenue sharing funds f o r 1 9 7 8 Budget, Each y ear t he Ci t y
receives from t he f ederal g overlll!l en t e.n am ount of reve nue sh a r ing f und s based o n
a complicated fo rmu l a that has t o d o with t h e amo unt o f ta}(e s t he City r ecei v e s a n d t h e
tax b a se . I n 1 9 7 8 the City will rec e i ve i n reve n ue sh a r i n g funds sligh tly les s than
$70 0,00 0, I n compl i ance with t he g u ideli n e s for recei vi ng t h es e f un ds, t he City mus t
hold two pub l ic heari ngs -this meet ing being t he f irst to re c eive input f rom the
publi c a s to how t hey woul d d es ire to spen d the money, The secon d publi c h earin g
wo uld be held late r a s part the budget hearing when the City submits the proposed
budget to th e Co uncil with specifi c uses f o r the r e v enue s h a r i ng f un ds outline d
in t e proposed budget, At that time the publi c woul d be i nvite d to cuunne nt o n
th es e spec ific us e s,
Mayo r Taylor th e n as ked if th e re wa s a ny o ne in the au di cnc e wh o 1,1ishe d
to s p e ak to the Coun cil on propo sed us e s f o r reve nue r,h a ring f und s for 1978 ,
Bo b Br~nd a ge , 4140 S . Huron Str eet , app e are d an d requeste d that the money
be di s bursed f o r the foll 01Jing :
1 ) A c o ntingen cy f un d t o e E~t aside f or th e City t o u s e whe n other
f und s bec o1te deficient,
2 )
3 )
A cont ribut on t o th e ~m·e r ente r fo r P e rformi ng Arts .
For the rejuvenati o n of the downtown are a .
Mertyl J on es , 5020 S . Wash in gto n , ep ea red an d str,.t ed that ethroo:n f eci it es
Ii.re ne ede d at Duncan Schoo l and the.ta p ark is ne ede d i n th e ir are a ,
Will L'll nderson , t981 S , \,,'c.s t.ingto n , appeared and stated that i.rr.p r ov<:rae n te
are n e ede d at Belle vi c-.1 Perk end a bethhoi:~e needs t o b e co,,structe d a t Si nclai r School.
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Gt;pt cbtc r 6 , 19 (7
Pa ge 4
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1-ln.ur ice J ones , 50 ?.0 S . Wa s h n(lto n , 1tp ca e d an d i n uire d if the mone y
could be s c ut by the Wate :r De art1,e nt . City l-'1.n age r l,'. ow n r e pJ i e d that the
·,.t c r E <>rt,-,e,nt coul d u s e part o f t he mon ey from the rLvenue Ehflr ing f'un ds .
Mr . ones ,.n e. ·ked th a t s o, ,e o f the .r;oncy be m:e b y th e Wate r c a rtment to f L d 1 J t1J.t e
the t rc,.t ~c>nt t..nd d ::;tributi o n o f wa te r .
!! o r Taylo r aske d i f there \JO.S anyo ne e l s e i..rir;h ng t o add res s the Counc il
o n t he ro osed use o f r evenue sharing fu n ds . No one r e plied .
COUNCIU.!AN WILLI AMS MOVED TO CLOOE THE PUBLI C HEARIN G, Coun ci lman Sovern
seconded t he moti on , Upon a cal l o f the roll , t he vo te r es ulte d a s follow s :
Ayes :
Nsy s :
Council :emb e r s Smith , Ma nn , Br ow n, Cl a yton , WillillJ!lS , Sovern , Taylor
Non e
The Mayor declared the mo tio n carried ,
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"Co mmun i cations-No Action Recommended" o n the agenda were receive d:
(a) Minutes of the Housing Autho rity meeting o f July 6, 1977
(b) Minutes of the Planning e n d Zo ning Comm i s sion meeting of
July 19 , 1977 ,
(c) Minut e s of the Denv er Regi o nal Counc il of Governments
meeti ng of ~uly 20, 1977
(d) Minutes of the Board o f Career Service Commis sione rs
meet ing of' July 21 , 19 77
(e) Minutes of the P a rks and Re creation Commi s s i o n mee t ing
of Augus t 11 , 1977 .
City '.'ina ger ,!c Co;,n c ommen t e d on (e). He stated that the nex t P arks and
R .creat imCornm i ss i on ,eet ng ;,ill be September 8 instead of September 9 . City
Manage r McC o"W n also st ated that th e P ark s & Recreation Co o.mi s sion extended the in-
vi tation t o the Counc il to join t hem in a to ur o f tl1e perks whic h wi l l be con du c te d
on that csy , September 8 , a t 5 :00 P .M.
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City -:'l.ne.ger -' Co"Wn presente d tl,e :•inutes of t he Water and Sewe r Bo a rd
meet ing o f Augus t 2 3 , 1977 c o cer ning Su_plcment #9 t o Greenbelt Sanitation
District ; appoiritr..ent o f a Board member to .evi ew Board to s elec t an en£i e e r
for t h e Wete r Cepilal I c~rove~e.nt Progra~ en d ere lace~ent f o r He rold ?ebcock .
City ! a nager Nc Co.;n si ated tr.at the City ounc il had a;,p r o ved the Surp e1"en t #9
at th e last meet ing end had f o :-,.arded cnt o the Wate r a n d Seve r Board th ir approve. ,
He als o stated tha t h e Counc ll had con curr e d with his recornne ndstion to create a
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S L tern e r 6, 19 77
Page 5
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boa rd to serve a a a r e view bo a r d to ae ect the fut u r e d es i g n engi neer for th e
wa t e r c a p tal i m r oveme n t pro5r wn . Mr . Thornf\e Gi eon ho.s (:C n chor,cn to r present
the } atc r Boi.rd o n the revi e \l board . Cit y l•:8naee r J,:c co~n et'ite d t s.t 6 ne e t e
Co uncil h a d 1:.i ven rior ap rovnl for th s e t wo eccl." ,en '<1t ors nn d e i .inute r1>f ect
those prev i u c:.cti c. s , e r..::;.1 Ell <o d t e ounci l t o rec•!ive t ., , oI"f ici nl ly .
COUHCIIMA so vrnN 1:ovrn 'IHAT '.I'HE COUNCI L RECEIVE 'l'HE r.ECOV,'..·-;DA1'IO:\'S hO M
THE WA TE R ARD S L /ER ilOAR D ON StJ?PJB!-lF.;iT i/9 OF THE GREDIBr'LT Ak TA'l'I0:-1 DIS'i'hICT /LID
THE APPOINTMEN T OF MR . 'I'O M GIBSOl l TO TH E Jl OAR D OR THE SELLC'J·IO N OF All l:.N GillEER
ON THE WATER CAPITAL IMPROVEMENT PROGRAM . Councilman M nn seconde d t he mot i o n .
Upo n a cal l of the roll, t'he v ot e result e d o.s foll0"1s :
Ayea: Counci l Members Smith , Mann , Bro\111 , Clayto~, Willi ams , Sovern , Taylor
No ne
The Mayer declare d the mot ion carrie d •
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City Ma nage r Mc Ccw n stated that the item concerning a replacement for
Harold Babcock g e nerate d f rom i n formation from ~.r . Babcock himself indicating that
he i s ill and mua t resign from his position on th e Boa rd. Therefore, the Board
is reconnne nding that his position be declare d v a cant and th e Co unci l take nece ssary
action to fill that position.
COUN CI LMAN CLAYTON MOVED THAT TH E COUNC IL AC CEPl' TH E RESIGNATIO N OF
HAROLD BABCOCK TO BE EFFECTIVE SEPTEMBER 6, 1 977 AND SEN D HIM A LEI'TER STATING TH E
COUNCI L'S APPRECIATION FOR HIS PAST SERVICE . Councilman Mann seconded the motion.
Up o n a call of the roll, the vot e resulte d a s foll0"1s:
Ayes : Counci l Memb e rs S th, Man n , Brown , Clayton , Willi , So v e rn , Ta y o r
Nay s: Non e
Th e 11.a yor declare d the otion carried .
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Director of Co ~unity Devel o p me nt presente d a r eccrr..~cndation from the
Pl a nning a nd Zoning Co~~ ss ion meeting of Aueust 6, 1977 concern ng proposed
smendmenta to the Corrpre ns ive Zoni ng Or di ~anc e r e arding e Froh i bition of the
use of r.etal shre c.era with in th e cit y 1 ·. its o f h e Ci ty of Er, e,·oo d . Directo r
Wanus h s tat e d that it is un cl ear as outli ned in t he O~dinanc e es tow e ther met a l
hredders a r e p (::.n i tte d in the City . ircctor 1·,p::.:s h f urther Etnte d that these
pro c:,s ed e.rnend1nen s are c on cisely writt e n to r rohib it th e uEe o f me tal shre d de rs
i n th e City of Englevood. Dir e cto r W~nur h rLRd the pro osed a~endments t o the
Counc il .
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Sept embe r 6, ~977
Pag e 6
COUNCILMAN SOVER N /liOVED •r o INSTRU CT TH E CITY ATI'ORNEY TO PREPARE
THE ORDINANC E ON TH E COMPREH EN SIVE ZONING ORDINANC E AJ,~iD:',E!/TS I N ACC ORDAJW E WITH
TH E RECOl•'.:,l"ENDATIO N WIT H TH E PLANN I NG AND ZOlUN G CO~fHSSTON O 11,}TAL SHREDDER S .
Counc lnm n St'li t h seconde d t he mo tion . pon a cA l l o f the rol , i. e vote resulte d as fo l ow e :
Ay e s :
N ys :
Coun c il Member s Smith , i an n , Brown , Clayton , Wi lliar:i s , Sovern , Taylor
Non e
The Mayo r decla re d the mot i on carried ,
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Director o f Commu nity Developmen t Wanush pre s e nte d a reques t f o r a n
en croachmen t agreement b etwe e n th e City and t he Englewoo d Elke Lodge #2122 , 369 0
s . Jason Stree t, This encroachment involve s a new ma rque e that will be constructed
to replace an old marquee both of which encroach six feet int o th e South Jason
Street right-of-way ,
COUNCILMA N WILLIAMS MOVED THAT THE ENCRO AC HMENT BE ALLOW ED FOR THE ELK S
LODG E, Counc i lma n Mann seconde d the mot ion . Up on a call of the roll , the vote
r es ulte d a s follow s:
Ayes : Counc il Members Smith , Man n , Brown, Clayton, Wi lliama , Sov e rn , Taylor
Nays: Non e
Th e Mayo r declare d the motion carri e d,
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Director of Comm un ity De velopme nt Wanus h presente d a second r e qu es t fo r
an encroachment agreement between t he City and Mrs , Edna Tour telot , 27 91 South Ogde n
Street . Dire ctor Wanus h explained that Mrs , Tourt elot has aske d p e rmission to construc t
a f en ce within the exis ting righ t-of-way of Eas t Amhers t Ave .
COUNCILMAN SOVERN MOVED TH AT THE COUN CI L GRAJ 11' TH E EN CRO ACHIIB:{T AGR EElfiliT
FO R 2791 S . OGDEN STRE EI' FO R CONSTRUC TION OF A FENCE ON THE CITY RIGHT-OF-W AY .
Councilman Brow n seconde d the motion , Up on a cal l o f t he r oll , th e vot e r esulte d
as f ollows :
Ayes :
la ys :
Counci l Members Sw~th, Ma nn , Br ow n , Cl ayton , Williams , Sov e rn , Tay o r
!:on e
Th e !,'..'1y or de c l6.re d th e motion carrie d,
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c ptember 6 , 19 77
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1-lr , To m Burns , 3600 S , F 0 nnock , ap eared befo r e the Counc il i n th e
c a pacity as Chairman o f the Englewood Haus ng Authority an d pres Pnte d a memoran-
rlum recardt n g the Housi ng Rehabilit ati on P rogre Mr. Burns exp ] a i ne d that t h e
ll o us j ng Auth ority ,as f o r som e t me cs. red t o mp ,:,men t ch nr,ges n t he Pro g ram
nn d t 'l t the J ous ng uthority hes n arrang emen t f o r sourcin g with
J o cal a s t o x :ind th e funding o f rocr I n orde r to r.,p c:r.e nt th e
desired c h a nges , Mr , Burns request e d that th e Counci l agr e e to accc t th e p ro p os e d
by -l a'ls con c e r ning t he Rehab ili tat o n an Co1 r1•dss i o n membershi p a s we ] 1 a s t he r e vi s e d a g r eement.
Co unc i lma n Sov e rn inquired ab o u t the p rop o sed by-laws in t h a t un d e r
7. 0 e ntitled "Am endme nt 11
, t he Auth or! ty may b y a v o te ame nd a ny of t he by-la ws
p r o vide d the Amendme nt is s ubmitte d in wr i ting , Co u nci lman So vern stat e d t hat
such a provision could p oss ibly give the Commi t te e o verriding power, He
suggeste d th at a revisio n b e ma de to i nclude c o n s ultation with the Co uncil by t h e Com-
mit t e e for Council i nput b e fore a ny mo n ey is s p e nt o n programs.
Counc ilma n Cl ay ton s uggested that the wo rdi ng on page 2 under 5,0
"M eeti ng" be c h ange d f r om 11
,,, in a b u ildi n g o wn e d by the City , , , " to "op erated
by t h e City" or "official City building, 11
Mayor Taylor sugges ted to the Council that they make r e c omme ndations
f o r repr e s entative s t h ey woul d like to have s e rve on the Ho us ing Reh abilita ti o n
Co mmi t tee and pos sibly arrive at a selection in the near future,
COUN CI LMAN SOV ERN MOVED TO DI RECT TH E CI TY ATTORNEY TO COMPOS E AN
ORDINAN CE APPROVING TH E PROPOSE D BY-LAWS AN D TH E AGRE EMENT BEI'W EE N THE HOUS IN G
AUT'rlO RI TY AND TH E CITY OF EN GLEWOO D ON THE NEW REH ABILITATION LOAN PROGRAM AND
TH AT TH E AGREEME NT CONSIDER TH E SUGGESTE D RE VISIONS DIS CUSSED, Co unci lman Ma nn
s e conde d the mo ti o n. Upo n a c a l l of the roll, the v o te resulted as fol low s:
Ay e s:
Nays:
Council Members Smi th, Ma nn, Brown, Cl a y ton, Wi lli ams , Sov e rn , Taylo r
Non e
Th e May o r declared t he mo t i o n car ri e d,
• • • • • •
ll,ayo r Tay l o r declared a r eces s at 8 :55 P ,M, Ci ty Co unci l r ec onven ed a t
9:1 5 P .M. Upo n a c all o f t h e roll , t he fol l owing we re p r es ent:
Coun cil !,!embe rs Wi l li ams , Sovern , Smith , Broi.•n, Ma nn , Clayto n , Taylo r
Absent : No n e •
Th e l'.ayor dec l ared a qu o rum present, I •
'"·rt•·"l b e r 6, 19 77
F1 .g e 8
•
• •
INTR ODUCE D AS A BILL BY COUJICILl"Ji N SO ,R N
BY AUTHOHI
onDrn HCE 1w . 22
Sr..!U}S OF )9 77
·,
All ORD-NAJICE AJ. IDIH G SU.S-S};CTIO N (b ),:, CTION 3::?, CHAI'TE R 3 , TITLE XV , ~-~Ti'.~
1969 NGLE\l OO D MUNICIP AL CODE BY INCREASII/G TH E C!-lARGE FO R THE CU'l'l'ING OF F ';_;.-, .
WA 'l'E R SER VICE .
COUNCILMAN SO VER N MOVE D TO PASS ORDINANC E NO. 22, SERIES OF 1977 ON
FINAL RE ADIN G. Counci lJna n Brown seconde d the mot ion, Upo n the c al l of th e roll , '·,,
the vote resulted a s follows :
Ay e s :
Nay s:
Council Members Smith, Mann , Brow n , Cleyton , Willi e.ms , Sovern, Ta ylor
Non e
The Mayor declared the mo tion carried.
• • • • • •
COUUC ILMAN CLAY TON MOVED TO APP ROVE THE PROCLAMATION DESIGNATIN G
SEPTEMB ER 1 7, 1977, Af3 "C OOKIE MONSTE R DAY" OF SESAME STREET IN 'I'H E CI TY OF
EN GLEW OO D. Co uncilman Mann seconde d the mo tion . Upo n a c al l of the roll , th e
vote resuJ.t e d as follows:
Ay e s:
Neye r
Council Mem bers Smith, Ma nn, Brow n, Cleyton, Wi lliams , Sove rn , Teyle r
Non e
The Mayor d e clare d the mot ion carried .
• * • • * •
City Att orney Berardin i presente d a memo r andum concern i ng t he Denve r
}:'!tale Company vs. Arapahoe County . City Attorney Berardini exp eined that o n
Fridey , Augus t 26 , 1977 , that he rece i ved a l e tter from Mr . Von Frellick expressing
hi s f eelings with r e f erence to a dd iti onal court a ction that he f eels is extreme ly
important to th e City 's position i n this cas e . City Att o rney Berardln i c onti nue d
to explai n that the letter points out that certain action c ouJ.d be i nstitute d in the
voidi n g of Judg e Pyle 's orde r in the D1..nve r Meta s c a s e . The City Attorney has
proceede d to bring a n action in th e Supreme Co u rt o f th o State to vacate all or de r s
entered b y J udge Pyle , primarily in re f usi g to allCN th e City to enter a s a pfirty
in th e Den ver Metal s vs . Arapah oe Cour,ty csse . The City Attorney h es i ncurre d so!:l e
expens es i n filing of the cas e in the original proce edin g and will r e p o rt thes e cost s
at a l ate r date ~hen he has re ceiv e d a bi l l . A de ci sion shoul d be f orthcoming in
thre e o r f our days a s to whether the Supre~e Court wil l take J urisdiction in this c as e ,
•
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S c ptcm e r 6, 19 77
P n (!;e 9
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COUNCILMAN SO VERN MOVED TO AU'l'H ORIZ E THE CITY ATTO RNEY TO P ROCEED IN
ACCORD.IU ICE WITH HI S ME;/,ORANDUM A D IN ACCO RDAJtC E WI'rH 'I'H E ADDITIONAL U HORMAT ION
HE HAS OurLrn DAT TH IS ME1'rJN O. Co u ncl ma n Smith s econ e d t e mot i.o n . o n a
c ell o f the roll, t e vot e r er, te d a s foJ ow s :
A:f e s:
Nays :
Council Mem bers . ith, J.!"l l'.n , Brow n, C
Counc il M<'.mb e r Williams
The Mayor declare d the mo tion carried.
• • • • • • •
ton , Sovern , Ta y o r
C~ty Attorney Be r ar~n i presente d a
of J udgement b etween the City of F,ng l e wood VB,
in a condemnation ~cti o n.
s t ipula tion an d consent to e ntry
Mo tor Crane and Winslow Cons t ruction
COUNCILMAN SMITH MO VED THAT THE CITY CO UN CIL APPROVE THE STIPULATION AND
THAT THE CITY ATTORfil"'Y BE DIRECTE D TO SUBMIT THE STIPULATION AND CONSENT TO ENT RY OF
JUDGEMENT BET WEE N THE CITY OF ENGLEWOOD VS . MO TOR CRANE S ER VICE COMPANY AND WINS LCM
CO NS TRUCTION COMPANY IN COURT. Counci nan Sovern seconde d the motion, Up o n a
call of the roll , the vote r e sulted as fo l o ws :
Ayes1 Council Members Smith , Mann , Brown, Clayton, Williams, Sovern, Taylor
None
The Mayo r declared the motion carried,
• • • • • •
City Attorney Berardini presented an easement agreement b etween the
City of Englewood VB, Moto r Crane and Winslow Construction which grants to them a
ten f oot eese.m ent across a portion of the golf course area in order to allow them
to c o nnect a se..,.e r outlet f rom thei r pro perty to the 66" mai n that travers e s part
o f that course ,
COUNCILl-:AN SOVER N MOVED TO AU'I'HORIZ E THE MAYOR TO EXECUTE THE EAS EMEN T AGRE E-
ME T BETWEEN TH E CITY OF ENGLEWOOD AND MOT OR CRANE AJID WINSLOW CONSTRUCTION COMP ANY
FO R TH E PURPOS E OF A S EWER CONN ECTION. Coun cilman Smith seconded the motion , Upon
a c a l l of the roll , the v o ter sulted e s f o llows :
A;f es : Cou11cil !•:embers s .,-..ith , Mann , Brow n, Clayton , Willi ams , Sove rn , Tay or
Nays: lo ne
The J.le.yor d e e n red the .r:o tion carrie d.
• • • • • •
•
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•
C t Lw e r 6, 191 7
Pace 10
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Co unc i lman Smith addressed the Counci l to di s c us s the l'lOt i on m'l de by himsel f
nt th e J e.nua ry 3, 1977 , meet ng in which the Counci l took act o n dctc11ni ning t a t th e
Counc il woul d allow the r e f un d of ren t money f o r p roperty t a t the Cot;n c il pure A.Ge d o r
th e S o n Center . Counc i ~n t h stated t a t nt a l a ter tlr e , the Counc il was
n ot · fied b y t he City Attorm,y that under state l nw the c t was f'r, r s unlawfu l an co l d
res ult jn misapp ro priat ion of f u nds , Based on t he Cit y Attorney's o,inion the Council
c o uld be liab le to suit ,
COUNCILMAN SMITH MOV ED THAT THE COUNCI L RE3CIN D 'rH E MOT ION MA DE
JANUA RY 3, 19 77, WHICH W/\S WORDE D TO DENY ALL RELOCATION EXPENSES BUT TO RETUR N
REN T PAI D TO THE CITY IN THE FOLLOWING AMOUNTS : TO PHIL I S AUTO CLINI C -$1 , 750 ;
C & L AUTO BODY -$1,250; AND A & B TRANSMISSI ON -$1 ,35 0 BASE D UPO N CONS ULTATI ON FR OM
THE CITY ATTORNEY AN D THE STATE CONSTITIJI'IO N, AR'l'ICLE E LEVEN , SECTIO N II , IN ADDITIO N
TO TH E FACT THAT THE CLI EN T'S ATTORNEY HAS FAILED TO CONT ACT THE COUNCI L ON
NtwiERO IB REQIID:lTS FROM THE COUN CIL CONCERNING A FURTHER MEETIN G CONC ERNI NG THIS
MA TTE R, Counci lman Sovern seconde d th e mot i o n,
Counci lman Sovern pointed out that Counci lman Smith 's mo tion is a
rescinding of two mo tions that were made at t wo different me et ing of Council ,
The first mo tion was mad e J anuary 3, 197 7 a nd th e secon d F e bruary 7, 1977, Whereas ,
o n Feb ruary a motion was made r e que sting a mee ting with th e land own e rs b ecaus e of
the l egal question raised at that meeting , and the lan d owners failed to oblige,
Upon a c all of the roll , the vote r esulted as follows:
Ayes:
Nays:
Co uncil Members Smith , Ma nn, Brow n, Clayton, Williama , Sovern , Taylor
None
The Mayo r declared tre motion carrie d,
• • • • • •
The City Attorney presented a Reso ution r equesting the City 11.ane.ger to give
a t e rm ina t ion no tice of lease b e tween the City o f Engle,,..oo d and Ha cLee Radio , Inc .
for l a nd neede d for the second nine holes o f th e Golf Cours e ,
RES OLUTION NO, 39 , SERIES OF 1977
A RrnOLUTION TERMINATIN G THE LEASE AG REE:,lE:,T OF J A!IUARY 1 , 1972 , BETWEEN THE CI TY
OF ENGLEWOO D AND MACLEE RAD IO, INCORPORATED .
COUNCILMAN BROWN MOVED TO PAS S R!:SOLU1'IO!l m , 39 , SERIES OF 19 77 ,
Councilr,a n Mann secon de d the mo tion . U o n a call of th e roll , the vote re su ted
as fol C'.J S:
Ayes :
Nays :
Council Membe rs Smith , Ee.nn , Brown , Clayton , »·nue.ms , S ov ern , TP.ylor
Non e
The l'.ayor declared th e motion c arried .
• If * I! * II
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,e t v, Pr 6 , '9 (1
Page 11
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City JI-Rnee Pr }!cCmm re: ucs te d the Counci l to c ons i e r the r prcncnta t-t on
by th e City Attorney f o r h1 .ms elf a n d the Di rector of Fjnr,nc e Bill J (lmc s i n a s uit
roueht aga ns t th em b y the clie nts re u csti ng re f un d o f rentals f o r pro crt y a t
Gi rard an d L nco ln Streets ,
COU!'ICIL!-~ CLA YTON W)VE D T'rlA T 'TIIE CI 'rY ATTOR!IE Y BE lJ;STRUCTE D AN D
AUTHORIZE D TO REPRISEIIT AI WY MCCm/N 'rl!E ClTY MA NAGER Al1D WILLIAM J AJ·il'.S DI HIS
CAPACIT Y AS DIR ECTO R OF FIUANCE AllD EX-0 ICIO CITY TREASURE R OF TH E CIT Y OF
!GLEWOO D, Counc i a n Sovern s econ e d the mo tion . Upo n a ca ll of the r oll ,
the·~ot e r esulted a s follows :
A:ycs:
Neys :
Co uncil Members Sm ith, Mann, Brown , Clayton, Willi ams , Sov e rn , Taylor
Non e
The Mayor de clared the mo tion carried,
• • • • • •
City Manager pres ented a report from the Fire De partment an d the Fire
Association concerning overtime requirement s in order to ma intain 3-man per piece
of equi pmen t i n the Fi re Departme nt this y ear. City Ma nager Mccown explained that
the Fire Department proj ects deficit in their ove rtime allowance this y ear due to
sick leave pey , injury leave and pension acti ons , The Fire De partmen t proj ec t s that
the overtime allowanc e will be approximately $10,000 over at the e nd of the y ear,
City Manager McC own recomme nde d the Counc il appropriate $1 0 ,000 to the Fire
Departme nt to suppleme nt th e budget,
City Manager presented three memorandums fr om the Firefighters Ass oc iation
stating that the Association will appoint a c omm ittee to mo nitor the us e o f sic k
l eave and try to control the us e by their own members; a nd also , apologiz i ng fo r
erroneous state111ents that were ma de to a r adio station en d resulte d in an erroneous
news releas e, The memorandums assured the Coun cil news releas es will not be mad e
by a ny of their members unless t hat p e rson is cleared first by thei r executive boa rd .
COUNCILMA N SOVERN MOVE D TO APPROPRI ATE AN ADDITION AL $10 ,000 TO COVER
THE OVER TIME FOR THE Rr~I.A I{DER OF 197 7. Counc i lm an Wi llia.ms seconde d th e motion .
Counci . a n Sovern c ommen de d the Firefi ght e rs Association f or th is
respons e to the Counc il ,
Coun c i lman Clayton expres sed apprec iation f or the suggestions that
the City Admini stration brough t forth con cerning th e overti me mat t ers an d that
t he City Admin i stration needs to cont i nue suggesting r es oluti ons to various
problems that a ris e .
Upon a cal l of the roll , the v ot e r es ulte d a s fo llows:
Ayes : Coun cil 1,:emb ers Sm ith, J!.ann , Brmrn , Clayton , Willia.ms , Sovern , Taylor
•
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, <'ptember 6, 1977
Pag e 1 2
va ys : Non e
The !,:ay o r dee ] a red the mot i o n ca1-ri d ,
II * If * II *
City 11.anage r k Cow n p resent e d a r e ort rcc-o!"".!Iie ndi ng the us e o f a surpJ u s
pum per f rom the Fir e De a r tment b e ing ass gned to Re d ocks Ca'll pus of the Co r.oin unity
Col ]ege of Denve r fo r thei r us e i n the var ous pro grams t hat they h e.ve a vaile.b l e ,
Chi e f Hami lto n an d Mr, Joe La Wa n d, Chie f nstructor of Forest Sc i ences
at the college a p p e a r e d before t he Council and a n s were d qu estion s that t he Counci l
had concerning this ass i gnmen t, Mr, LaWand state d th a t in t he a gr eem ent for t his
ass i gnm ent, a clause will be inserte d to th e effe c t that if a t any lime , the pum p e r c a n
no longer be used in the program , the pump er will be r e t urned to th ~ City o f ng e wood .
Mr , LaWa nd thanked th e Council for their g e nerou s acti on,
COUNCIL."IAN WILLIAM, MOVE D THAT THE 19 56 PUMPE R BE TRANSFBRRE D TO TH E FORES T
SCIENCES TECHN OLOGY DEPAR TME NT AT THE COMMUNITY COT.LEG E AND TH AT TH E COUN CIL ACC!Wl'
A CONT RACT WI TH CHANGES IF NE CES SAR Y, Councilman Sove rn seconded the motion.
Up o n a call of the roll , the v ot e r e sulted a s follO'~s :
Ayes: Council Members Smith , 1"8.nn , Brown , Clayto n, William.9
1
Sovern , Taylor
Nays: None
The Mayor declare d th e mot i o n carried,
• • • • • •
COUNCI LMAN SMITH MOVE D TO S CHEDULE A PUBLI C HEARING ON THE PROPOSE D
BUDG EI' AND THE USE OF REVENUE SHAilIH G FUIIDS FOR OC TO BER 3, 1977 AT 7:30 P.M.
AT THE REG ULAR COUNC IL MEEI'IN G, Counc i man Brown s e c o n de d th e mo tio n, Up o n
a call of the roll, t he v o te r es ted a s f ol ow s:
Ayes: Counc i l Memb e r s Smith , l-'.1;1 nn , rown , C ayton , Wil l i am s , Sovern , Te,y J o r
Nays : lo n e
Th e !~ayer de clared the mo ti o n c arried ,
* * * II ti
Cit y 11.anai;er Mcc ow n resent e d a surr~11a ry of the -it J e Dry Creek ""u r vey .
The Cit y l.anager poi nte d out that t h r e e BU!Te ys .:ere c o:iduc+t::a o n L:ttle ry reelc .
1) of thos e p eople .:h o had u peare d at p revi o us public !ell!" :ig o n th is subjec t
•
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S e ptrnil,er 6, 19 77
Pn e e J 3
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2 ) o f p e o ple wh o were located on the flood plain 3 ) r Andom s o ·np le s urvey o f
p e ople l ocated throuehout the City of Englewood ,
D rector o f Public Works Wa g r;o ne r appe11se d e f o 1:e th e Co unc 1 &'1 d
r e v cwed th e results o f th e s u rvey, Di r e ctor Wageoner p o inted o t that A te,·:vi t c f.2
,ll's favo r e d t he highes t am ongst thre e alternative s . D r ec t o r Weo:0 nc r .urthcr
p o i nte d out th a t i n vi ew o f the s ur vey r e sults , meetin gs wi t h t e Floo d Co ntro l
Distri c t an d with the Englewood School Boar d for a p o ssible sol ut ion shoul d
be conside red, He state d factors t o be c o nside r e d wi th d e tailed e . l ana ti on an d
rec omm ende d that the Counc il d e cide t o pick a n Alternat e and pres ent the choice
t o t he Dist rict a s well a s r eque s t way-s of f inanc i ng the p r o j ect .
Counci lman Sovern stated that th e program should be .·r esearched i n
accordance to fun d i ng a v a ilability and scrutinized to see if the City would
be eli g ib l e for d i f f e r ent f undin g o pportunities, Co unc i lJ!la n Sovern also state d
th at t he City s h ou ld h a ve s ource s o f money from whi c h to draw upon before a n
alt ernative, can be chos en.
May-o r Taylor r e q u e sted that the Council s h ould d ecide on an alt ernat e
to c omme nce t he p r o j ect now t h a t t he r es ults o f t he survey are in .
Co unc i lman S o v e rn s uggested that the Counc il conduct a st u dy s e s sion
to dec ide o n a n alt erna t e a n d d i s c us s the ma tter at l e ngth . Counc illna n So v e r n
requested tha t a d ate for some time i n October b e set a t the n ext regular Counci l
mee ting, Septe mber 19, 1977,
Will i am An derson, 4981 s. Washington, appeare d b efore the Counci l
an d stat e d t hat t he water mus t be stoppe d above Cl a rkson i n order to p r event
any floodi ng.
• • • • • •
Ma y o r Taylo r announce d that the Mayor 's Coff e e will be 9 :0 0 A.M.
a t the Simo n Ce nter, Thrusday , Se pt e mber 8, 1977 ,
• • • * * *
Ma y o r Tay lor r equested t h at as many t i ckets as o sible e so]d f o r
the so ftball gam e, The mon ey rais e d wi ll be f e r r e in. ur cement to the City fo r
th e S imon Cente r furni shings.
* * * * * *
1".ayor Taylo r 'w elcomed J a nic e \.catki n s , Deputy City Clerk , to the
Counci l mee ting ,
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September 6 , 1977
Page 14
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CouneiJ r.i -'l n Cleyto n u tate d t h at he r ec eive d o. t e ·~ ,h one c all f r o m
i•:d urine An ero on , P ubli c Rel at o n s Dire c tor i'or E1'~ .•: •r.o d Sc,.oo s on Fri cl ay ,
t emuer 2 1 197 7 , r e q uest ing a mom,t a rl o n a t on f ur ch e i:,ypeno e o f a b ann e r
honoring Don Harper upo n h s r c t i rc ~ent ,
COUNCIUW, CIJ,YTO N MOVE D TO ALLCYl' FR OM T'rlE GE:li.'nAL fiJN D UP O $12 5
FO R TH E EXPEr SE OF UTTI G UP A BANNE R OF APPF.E.CI ATIO N F'O R DON HAPRER UPO N
HIS RETIREMEN T, Councilman Smith sec onde d the mot i on , Upon a cal l of th e
ro ll , the vote r esult e d as fo lows:
Ayes :
Nay s;
Council Members Smith , Ma nn , Brow n , Clayto n , Willi am s , Sovern , Taylor
Non e
The Mayor d e cla red the mo tio n carried,
• * * * • •
COUNCI LMAN SMI 'rH MOV ED TO SET A SPECI AL COUN CI L MEETIN G FOLLOW IN G TH E
PUB LIC HEARIN G ON SEP'.I'E..\ffiER 12, 1977 TO MAKE APPOINTMEN TS TO BOAROO AND COMMISSIONS ,
Counc i lman Sovern seconde d the mot i o n , Upo n a ca ll of t he roll, the v ot e r e sulted
as follow s : t
Ay e s:
Nay s:
Council Members Smith , Mann , Brow n, Clayton , Williams, Sovern , Taylor
Non e
The Mayor declared th e mot ion c a rried,
• * • * • •
Councilman Brow n req_uested the City Attorney to h ave prepar e d fo r th e
next Coun ci l me et ing a mendment s to the an imal c ont rol o r din a nce , Councilman r own
recalled the inci de n ce i n whic h t he Council took court action a gains t a f am i y tat
had a hors e livi n g in t he ba kyard and the Judg e ruled in favo r o f th e &m ily
c caus e the City's ordinance was not clear e1,ou gh ; t h u s a)lowing residents to
e e p h orses and oth e r f arm e.ni mals j n th e ir b acky c.rds , Co w1 ci lr,a n Br n eta ed
that th e City ne eds a clea r l y defjn e d a nimal c ontrol ordinanc e ,
Co u ncilnan Brovn stated t' d a n c r C:_re:-c e reeds to be c om pared
r e strict ing the kngth of c =pPrs t.l:e ce:i b e r cr: ed o n r ef clen tial p r o;:-ei-ty ,
Counci lman Brovn announc e d o "fi ci e ::y the.
a third term as Councilr e n for Distr~c· e hE s dec i e d to run f o r
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Scptcm e r 6 , 1 9H
Page 15
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COU1' CIL!'.A i WTLL •: '·'.;, m 'E) T O ADJOUR. '.I rn Ri::r;ur R CITY COUHCIL l·'.J,,m'I!I G.
ounci 1aa n S0v e1 n second,;,:i the 1 )t i on . U on n cel l of t he roll , t e vote rcs,,ltcd a s foJlow s :
Ayes : Council l-'.-t1bers Smith , Munn , Brow n , Cli,yton , Willia.ms , ov1:rn , 711y o r
Nays: No n e
The Mayor d ecl a r e d t he mo ti o n carri e d, and t he me eting wa s a dj ourned at 11:00 P,M,
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0
CITY COUNCIL MEETING
September 6, 1977
ORDINANCE II 22, 23, 24, 25, 26
RESOLUTION II 39,
/
40, 41, 42, 43
I • •
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INTRODUCED AS BILL BY COUNCILMAN ~~~~~~~~t _"--~~~~
A BILL
FOR AN ORDINANCE AMENDING SUB-SECTION (b), SECTION
32, CHAPTER 3, TITLE XV, OF THE 1969 ENGLEWOOD
MUNICIPAL CODE BY INCREASING THE CHARGE FOR THE
CUTTING OFF OF WATER SERVICE.
WHEREAS the current charge for the cutting
off of water service to property connected to the
Englewood water supply was established in 1972,
and,
WHEREAS the existing charge is wholly insuffi-
cent to cover the actual cost of performing the
labor involved in said cut-off, now therefore be
it ordained by the City Council of the City of
Englewood, Colorado.
Section 1.
That Sub-Section (b), Section 32, Chapter 3,
Title XV, is hereby amended to read as follows:
15-3-32: TAPPING AND CUTTING OFF MAINS
(b) The cutting off from mains may be per
formed by either a licensed and bonded
plumber or by Water Division personnel.
In the event Water Division personnel ,
perform the cutoff and the tap is to
be abandoned, a charge of twen~y-five I • •
,.,. r-n
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--___ _,__ ---------~---
•
dellars-~$x5788t SEVENTY-FIVE ($75.00)
dollars will be due and payable from
the applicant.
Introduced, read in full and passed on first
reading on the 15th day of August, 1977.
Published as a Bill for an Ordinance on the ['1 ti-. day of August, 1977.
Mayor
ATTEST:
ex officio City Clerk-Treasurer
I, William D. James, do hereby certify that
the above and foregoing is a true, accurate and
complete copy of the Ordinance, passed on the final
reading and published by title as Ordinance
No. , Series of 1977.
ex officio City Clerk-Treasurer
•
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___ ___,__ ------~-.. ---=~
INTRODUCED AS BILL BY COUNCILMAN __ ~_· ____ '--___ _
A BILL
FOR AN ORDINANCE AMENDING SUB-SECTION (b), SECTION
32, CHAPTER 3, TITLE XV, OF THE 1969 ENGLEWOOD
MUNICIPAL CODE BY INCREASING THE CHARGE FOR THE
CUTTING OFF OF WATER SERVICE.
WHEREAS the current charge for the cutting
off of water service to property connected to the
Englewood water supply was established in 1972,
and,
WHEREAS the existing charge is wholly insuffi-
cent to cover the actual cost of performing the
labor involved in said cut-off, now therefore be
it ordained by the City Council of the City of
Englewood, Colorado.
Section l.
That Sub-Section (b), Section 32, Chapter 3,
Title XV, is hereby amended to read as follows:
15-3-32: TAPPING AND CUTTING OFF MAINS
(b) The cutting off from mains may be per
formed by either a licensed and bonded
plumber or by Water Division personnel.
In the event Water Division personnel ,
perform the cutoff and the tap is to
be abandoned, a charge of ~wen~y-five
•
I • •
•
•
• •
deiiars-i$~5~88t SEVENTY-FIVE ($75.00)
dollars will be due and payable from
the applicant.
Introduced, read in full and passed on first
reading on the 15th day of August, 1977.
Published as a Bill for an Ordinance on the /?t7l day of August, 1977.
Mayor
ATTEST:
ex officio City Clerk-Treasurer
I, William D. James, do hereby certify that
the above and foregoing is a true, accurate and
complete copy of the Ordinance, passed on the final
reading and published by title as Ordinance
No. , Series of 1977.
ex officio City Clerk-Treasurer
I • •
-
•
•
• -
---. --=~ ----~ -------~
S' b
I NTRODUCED AS BILL BY COUNCILMAN ~~.}-{A_,~'--" -----------
A BILL
FOR AN ORDINANCE AMENDING SUB-SECTION (b), SECTION
32, CHAPTER 3, TITLE XV, OF THE 1969 ENGLEWOOD
MUNICIPAL CODE BY INCREASING THE CHARGE FOR THE
CUTTING OFF OF WATER SERVICE.
WHEREAS the current charge for the cutting
off of water service to property connected to the
Englewood water supply was established in 1972,
and,
WHEREAS the existing charge is wholly insuffi-
cent to cover the actual cost of performing the
labor involved in said cut-off, now therefore be
it ordained by the City Council of the City of
Englewood, Colorado.
Section l.
That Sub-Section (b), Section 32, Chapter 3,
Title XV, is he r eby amended to read as follows:
15-3-32: TAPPING AND CUTTING OFF MAINS
(b) The cutting off from mains may be per
formed by either a l i censed and bonded
plumber or by Water Division personnel.
In the event Water Division personnel ,
perform the cutoff and the tap is to
be abandoned, a charge of twen~y-five I • •
-
•
•
• •
-------------------=-~
r
t
( I
•
eoiiars-i$~5.88t SEVENTY-FIVE ($75.00)
dollars will be due and payable from
the applicant.
Introduced, read in full and passed on first
reading on the 15th day of August, 1977.
Published as a Bill for an Ordi nance on the
('"fY' day of August, 1977.
Mayor
ATTEST:
ex officio City Clerk-Treasurer
I, William D. James, do hereby certify that
the above and foregoing is a true, accurate and
complete copy of the Ordinance, passed on the final
reading and published by title as Ordinance
No. , Series of 1977.
ex officio City Clerk-Treasurer
•
I •
•
• -
--------~--=~ ~.-...==-------------~-----
ROLL CALL
. /
'-'1">~
Moved Seco d d n e Ave Nav Abstain Absent
Williams v ·-V" Sovern ~
i---smrrn~ V
Mann I/"
Brown V
Clavton V
Mayor Taylor I/
I . •
• •
• -
• •
ROLL CALL
Moved Seconded Ave Nav Abstain Absent
Williams v-
Sovern 1.,/"
Sm1th ~
V Mann 1,/"
1.,/" Brown J /
~
c1ayton V
Mayor lavlcr V"'
I . •
• •
•
• •
--==---:..=.----
ROLL CALL
M d S ove d d econ e A ,ye N av Ab t . s a,n Ab t sen
Wi 11 iams V
Sovern V
V sm1tn ,__.
Mann 1,...--
Brown V
V Llayton V
Mayor 1ay1or V
/
• I . •
•
• -
• •
-
ROLL CALL
Moved s d
I
econ ed Ave
Wi 11 iams Nav Abstain
~ Absent
Sovern (....,-
Sm1t:n V
Ma nn I -
t/ Brown V ,_.. Llav ton ,._ -
May or Tavlor ,,..----
--
I)
• I . •
• I r:t -, I r:":I
•
• -
ROLL CALL
Moved Seco d d n e Ave Nav Abstain Absent
I/ Will iams v
Sovern V
::.m1th ~ L/
V"' Mann ,.,,..--
Brown L/
Clayton v
Mayor laylor V
• I . •
• •
-
•
\ •
•
• •
{/ ~ ~ .,,-;y---y . s
~A --z' ~-----o> /1 61 ~, ~ u
02-, C ~ ~ ~ ~ j5 /0-
6J ~ /7 d 3 /'--1 , ~ u
ii, -i /) /' -/ ---,,-~ ---';5 /-'
~/rl.AU->~ -S() }'o V G ) Lo,_
C ! f n · h &-. , · /Jr )A -,,.-y> ) LU
~ / L_ft-r / J i ,/<:J ~/ (/ -....---, 4 ~
q)~LJ -;,-, ~ &-c_,=. J J J7U x
Zc ) 0 ll a m_; J o ~ A~ )J Y--i / {. Y~
o)a,r -) & .. il
(lrJ -,/}L,o 1i
~~ -/Co. ~-~ ~ -<;/-'
•
I . •
--• r,
•
• -
ROLL CALL
Moved S d d econ e Ave
Wi 11 iams v-
Sovern t,---
V sm1 tn '7" L,-'
Mani, J
Brown L---
~ Clayton L,/
Piayor Taylor v
Czt',. ,___, / ,,u "'I' II !11,
/112 1 I' ~ // ,,, j, L y'
~ .f 7 tJ (), t 'i> I c::J 7 f
Nay Abstain Absent
I . •
•
•
• •
• •
.....-.r1 l a. Cu. (-<. j a i.,/c .. ..,,1
)('.) b...A 1,<_j__--t( lL U..,t,ul
I . •
•
• •
$2 w •w=
ROLL CALL
Moved Seco d d n e A lve Nav Abstain Absent
i--Wi 11 i ams t---
v-Sovern v
::,mnn <:t-, v--
Mann I./"
Brown V Clayton V
Mayor Tavlcr V
I . .
•
• -
• •
-
".....,_.,_....,_.-~---w--'-rl' -===
ROLL CALL
Moved Second d e Ave Nay Abstain Absent
Williams
Sovern
~mith ~
Mann
Brown
Clayton
~ Mayor Tayler
~runvu ~q-q
~ w q _g ~ ~ ~,1/YU~
S ; O D L ·,,., J .-.,Je_,_,~ ~ () C, beµ
• I . •
• •
• -
• •
~ ROLL CALL
M d S d d ove econ e Ave Nav Abstain Absent
Williams I __..-
~ Sovern ~
Sm1ttl ...,-. V
t-Mann v
Brown v--
Clayton v-
Mayor Tavlor V
• I . •
• •
• -
• •
ROLL CALL
M d S ove d d econ e A \Ve Nav Ab stain Absent
Wi 11 iams v
Sovern 1---"
Sm1th V
V'" Mann -
tsrown v
t/ c.;1avton V
Mayor laylcr ,_.,,..
• I . •
• •
• -
• •
ROLL CALL
M d S d d ove econ e Ave Nav Absta in Abse nt
Williams L,,,-
t/ Sovern 1/
1.,.--' :>m1tn v-
Mann ~
Brown ' Clayton v-
Ma yor Tavlor I./'
0
• I . •
• •
• -• -
ROLL CALL
M ¥ S ove d d econ e Ave _ Nav Abstain Absent
V Wi 11 iams v
Sovern v
::.m1tn I ---
L/' Mann ~
Brown v--
Clayton ,..;;-
Mayor Tavlor 77
I .
• •
•
• •
ROLL CALL
M d S ove d d econ e A ,ve N av Ab sta n Ab sent
Williams V
V Sovern 1,/'
sm1tn ~
Mann ~
v---Brown ~
ctavton ~ ~
Mayor Taylor t/
I • •
• •
•
• -
ROLL CALL
Moved Seconded A e Na Abstain Absent
Williams
Sovern m,
Mann
Brown
ay on
,ayor ay or
,·
I . •
• •
• -
• -
I . •
• •
-
•
•
• -
if f urr~ ~u
S1)'-Vv'Y\, /)'LU ~~ ,,,(--10 ~,J-l,l ___ ,,___j..J
t --~(pi-~
571) U 'v) uU./l!2 (!__ I~ 1 -~ ~ ~
(~ 1JA __) C !I /1 {j J c7l/-
~_:;,C\_un~4~w
--j ~ ~~ -~ lf yYt,l/)UV
/, ·'l'Y1-0 -~ " (Yu~
~l -,tLLa,),n;/-j:,£u~ ~ UA, ~ Uu,.L. fU/(J e-u "j
fl. J {l,t itfic /. . () .
/)/'Jt uV-ti~ µ] ~ ~ ~ ~ (:..~ ~ /J JJttu
(j_/)VY\ -[1v{0-~ J-,·J {jµ; -tU )'\ ~
J!µw,A., -/llw lU-f ,y1 -1.ff(L /1-(J f,
(bw wvi --"'-'-LI t lu j le t,_J C'/W: t CU> _,~ 4 r4
• •
I . •
•
• •
/
ROLL CALL
M d S ove d d econ e A ,ve N av Ab stain Ab sent
Williams V
Sovern J/ Sm1th 1..-/'
Mann V
tlrown I/
c1avton !/
Mayor laylcr y
J___
• I . .
• •
• -• •
Co \
ROLL CALL
Moved Seco d d n e A \Ve Nav Abstain Absent
Wi 11 iams I./"
X Sovern V
sm,tn ~ V
Mann ~
'f.... Brown ' ./" Clayton JJ ./"/
Mayor Tavlor I/
0
• I . •
• •
• -
• •
ROLL CALL
Moved Seconded Ave Nav Abstain Absent
Williams ~
Sovern I/
Sm1th I/
V Mann {/"'
Brown j/
V ctavton I/
May or lavlor //
)A_,-0 \. (_ /]wJ
C ''Uv..J -
I . .
• •
• -
• -
ROLL CALL
Moved Seconded Ave Nav Abstain Absent
Williams l'-" t--
K. ~ Sovern {_/" , __
~m,tn ~ V
Mann V"
Brown ,,,,-,-
Clayton i7
Mayor Tavlcr V
Jafu ~\ ,,ir t~-L<..,!J '<. <J 1-
(:_ l b-,11 L
• ~I\ ~ tG l Hu Iv IJJ-) ?{u, Ja-~:u u) I • • (Iv "1 c_µuwj
\ \._ . •
• -
• •
-
/.
ROLL CALL
Moved Seconded Aye Nav Ab Ab t sta n sen
Williams V
-(,/' Sovern V
V Smnn V'
Mann v---
Brown I,/"'
Clayton 1,/"" v
Mayor 1aylor V
CA ( /7-/
/
• I • •
• •
• -• •
/
Co r--ROLL CALL
M ed S ov d d econ e A ,ye N ay Abt i s a n Ab t sen
Williams 1./ ,_,,,,,,-Sovern ,._....
t / smitn L/
Mann v
Brown 1,/
L1ayton v
Mayor 1ay1or /_/
• I . •
• •
• -
• •
ROLL CALL ·
Moved S d d econ e A 1Ye Nav Abstain Absent
Will iams v Sovern
V Smitn
Mann
l3rown
Clayton
Mayor Taylor
·{~ {j.J vJ::clv0 (YYL,a__,<f/:I;o
~ d-J CA~ b_ C-~ -:7 /0 J -
Q_~ru) ...____p / (.) -.._fl-/ ) ~ ,.,,,L .-?')-C ~~
CA u J/ -1..<....o -w ~ ~~
C! A r;i o---ic'-~, ,,_ ~"' ~ t, ~
t-,<WJ.-b Zi''"" j~
~ (")v'-A~ -::?/ J-3 !CJ 7 / / ~
lA_..-/ c;~ ~ /J !~ ~~
clv U-,uc?,1,,0C: ~ I /L-/i:n ~ Y-
\-:;;fo,/'
• ~, 1'l-~ r nwii_,:YL,_ ~o ~ ~
/n I f -/-c:L~ of ~ ~,J;_,(,Y)
I . •
ezt · ~ 0 L rr x ..J f cm ~ ./nWZ-C'
•
• -• •
ROLL CALL
Moved Seconded Ave Nav Abstain Absent
Williams v
Sovern V
=11 t;n V
l.fann 1,/'"
Brown v-
CTayton £/
lfayor Taylor V
------
•
• I . .
• •
• -
• •
ROLL CALL
Med S dd ov econ e A ,ve N av Ab ta1 s n Ab sent
W111 iams /.,,/"
Sovern l--::,mnn !/" v Mann 1.,----
V Brown L/
Clayton ,.-
Mayor Taylor 1/
v& j-N ;t C !~
&oj f i<!,C, ---
1n ~
cJ ..,W, 1) -:(j_,UJ l "y
Cv-0 ()~.L
1 dL ~~J y)
•
• I . •
• •
-
-
•
•
•
•
• •
ROLL CALL
Moved Seconded A .ve wn 1 iams V v-Sovern V ~,tn t--"
Mann v--
Brown /,/'
17 Clavton ~
Mayor Taylor V
C,A 0 j/v~ 7
()1-!)j~ <r~~~
Nav Abstain Absent
I . •
•
• -
• -
ROLL CALL
Moved Seconded A ,ve Nav Abs ta 1 n Absent
~ W111 iams ,...--
V Sovern 1...,/"'
:,m1tn -I ,,..-
Mann I
Brown v--
Clayton I/
Mayor Taylor v-"
t1'\\ll/l; 1 0 T ~1
/ -~ S-r-
0-~ . tf,JJh. !~ 7'-'d,
fi/r~tw 0-1 ~~~
L . u k ()_~c:_, __, ~111 ott /}L-<)
QL/U_ i ' d-u-u oj () -I ct~
{~-zj __,;
ilro/ c:1n) u { _ ) ~ ~ 1/o_, (ffV C
./
•
<-(/ 0±;,__ (§ /' c'-~, / 7 6 4 /(, NO
0_3~i:::j~g
; c7 ° 1-J/ / '7 a T ofA.£~
I . •
• •
• -• -
-
10
ROLL CALL
Moved Seconded Ave Nav Abstain Absent
V Wi 11 iams v
V Sovern V
sm1tn v-
Mann L---
Brown V
Clayton t-
Mavor 1av1or V
-0
--/ ) J.-
vfu ,t' . C n_i :J_ ~ ~ t'-_;
:!;;o f /?, C:,, )__.. 4-_ /' ~ '-'-~
--+-;; ./-P-. r c. -6 ,..,,_:r ~ /) 'J "-A--J ~
• J--W ~ (_ CT ~#.;t Al.)-U-&Jl(t)
• 1 / = r-I ~ ---::r-, ( '7 , f"--4, (
• 6?1~/l.,1') -,~ °o~u .b? /}
)(..{L, ~;_J a. 1.)
I . •
J-~r IC/50 .l +ru vt ~ o
01
• •
• -
• •
ROLL CA LL
Moved Seconded A ,ye Nav Ab tai s n Ab t sen
W111 iams V
Sovern V
V sm1w _I,.,/_
Mann L/
V 1:1rown V l;layton v-
Mayor Taylor V
._yJ
{l)c) J, 1.· 17 ~ Ct~'-:;,
~/6L)r~·
C&J />'I -/~~/~/ ( c_ ~ ~ L
/
A &ru/)(_-
7 . :x, .._f--;;,,., C'. /)) .____Y', 9 f
•
• I . •
• •
-
,•
•
•
• -
1 t ROLL CALL
Mo ed S d d V econ e Ave Nav Abstain Absent
Williams
Sovern
sm,tn ~
Mann
Brown
~1avton
Mayor lavlor
f9-~'"""-'V '-~
•
&~ -"[° .,e_J . °YV /i"c Q_Y,u__., ~£,_,(5/
./J. !J-tlPU~ u -
y;Jµ t v-~-hh . .) 1 q1 ~ _ ,0·,Lr /(J. ~~-
~ 66 l~t-0
i" -::i t;
\
/,ll l!--'f)'
t .,,~JlLuflnJ (ULJ n1 _ J 300-<.. 4
, ce tZ..0l,(/J7) ~L {)-...) !'1·) Lt/ i ,,(. 1--cti..•U<..--J. / J
/ fo~ ~ r u..cr ~~ µ~t
ca LU,µ tl01t O {,er ' 1_ J
ifl w <t,lt-iu oJ.,t 'l, ,<'b:m
•
Cu: h.1 "Yif-:2 yfl}
rr w
I . •
•
• •
ROLL CALL
Moved Seco d d n e Ave Nav Abstain Absent
Wil 1 iams
Sovern
:>m1th
Mann
Brown
Clavton
Mayor Taylor
•
• I . •
\ • •
• -
• •
RO LL CALL
Mov ed d d Secon e Aye Nay Abstain Absent
Wi 11 iams
Sovern
snn tn
Mann
Hrown
1.;1ayton
Mayor Taylor
•
• I . •
•
-
-
•
•
• •
ROLL CALL
M d S d d ove econ e A we N av Ab i Ab t sta n sen
Williams
Sovern
:,m11;n
Mann
Brown
c1avt:on
Mayor Taylor
Cm 1 /)1,a,_??t ""-~~ G "u:i
Q: 0 ~ ~\36',<icJ O tud ~
~e,. fci_/ 0_/ym:o_ y0-vU-t~ ~ y){_)
Ct-c l )l J nt..e ~ (i,/1 ,w.
~/J 6 & / L>-v Ujo
(.. j f)L,(/)1..,~ (} 'lu ~ '1'>-L<'~ t 0 -?L,c1-Q
)1 to 1---:U. i,v J
/J.J--t-1.. t 'ff-1 , t o--o {l!JJ_,,vui
'1
/tf-U-']>UJ
----'--J) La.UJ. /1 t(V),~ ~10 -1 ..-(!__,,;{_(_, e.... h~ J ~ /Ju»L~ ;/~ Ut 1Ld .Au~ Suec -~ ~ uJ»c /LR""!: . #11 C( fc 1..ru
b u~ @ .x; -un,<-tt-?cA
•
I . •
• -
• •
ROLL CALL
Med S dd ov econ e A we N av A bsta n Absent
Wi 11 iams J_,,-
Sovern V v-:,m1th v-
Mann 1,/'
Brown i..,---,,_ CTavton v-..--
llavor Tavlor V
~ (),,c_ 'Lt~ J)/-<J_/,~~ ~ o.!1"
Yuf ~~~
~!:t >J r-r-.5i-li;) 't ~ t;,,k;;
•
• I .
• •
•
• •
-
____ ______.:::__..._. _____ ----
•
ROLL CALL
Moved Seconded Aye N Abstain Absent av
Wi1 l iams ~
t--Sovern l--,_,__.. :,m1t;n I---
Mann I.-
Brown I
c; 1ayton J.....
Mayor Taylor v'
·~ ~ ~~'Yv -./YYLcut
~ ~ Gt.A./1'10 /)')Vj__i;/
Ji1~~~./J_
J"',! (_ 1-1
~ /7 C--J ~-:?---re
• •
Cf -IZ /7
I . •
• -
• •
ROLL CALL
Moved Seconded Ave Nav Abstain Absent
Williams
Sovern
~mit;n
Mann
Brown
Clavton
Mayor laylor
C/u./~ a_...,.,<--tc_--tL o--z.A-,U O /)
~ 0 J .A./~C-tL J,<_ ~ , {j Z c:__, (; L A--<. t?-, < '-'
J "-o /)u.A-~U ~ . / J L W ~{1 •
~ ~ -~ _/)c l. ~~A o . ~
~~ 0-0£ ~
-+ ~& ,~ ~ ::t ' L,(.,
LU./L UL -~ C}c.~-~. r
~
/rL,o--l -I -c.J <:__; r -~~ IL -~~
•
{J.(c . 11-4-~ ol. / '-~ )__
•
~"G -/::f c9 ;r ~'-( 'J '
{}-/11..A /.A, ?_,,,(./)-l.U'.)2_,.,z, ~ / /2.A,L-'1<......, c t' r/Yv~ ~a~ I • •
?1.1d~ / ;:ro
•
-
-
•
•
•
REGULAR MEETING :
•
• -
COUNCIL CHAMBERS
CITY OF ENGLEWOOD , COLORADO
August 15 , 1977
The City Council of the City o f Englewood , Arapahoe County , Colorado ,
met in regular session on August 15 , 1977 at 7 :30 p .m.
Mayor Taylor , presiding , called the meeting t o order .
The invocation was given by Reverend Fred Hahn , Immanuel Lutheran
Church, 3695 South Ac oma Street . The Pledge of Allegiance was led by Boy
Scout Troop #9 2 .
Mayor Taylor asked for r o ll call . Up on the call of the r oll , the
following were present:
Co uncil Members Willia.ms , Sovern , Smith , Brown , Mann , Clayton , Tayl or .
Absent: None .
The Mayor declared a quorum present .
Also present were : City Manager Mccown
Assistant City Manager Curnes
City Attorney Berardini
Acting Personnel Director Brown
Deputy City Clerk Varner
******
COUNCILMAN BROWN MOVED TO ACCEPT THE MI~UTES OF THE REGULAR CITY
COUNCIL MEETING OF AUGUST 1 , 1977 , Councilman Sovern seconded the motion .
Counc i lman Sovern requested that the word "bloc ks" on page 3 ,
paragraph 3 , line 2 , be changed t o "lo cks ".
Upon a call of the roll , the vote resulted as follows:
Ayes : Council Members Williams , Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays : None .
The May or declared the motio n carried .
******
COUNCILMAN BROWN MOVED TO ACCEPT THE MINUTES OF THE SPECIAL CITY
COUNCIL MEETING OF AUGUST 8 , 1977 , Councilman Smith seconded the motion.
Upon a call o f the roll , the vote resulted as follows :
•
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·In
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•
•
•
• •
August 15 , 1977
Page 2
~es : Co uncil Members Williams , Smith , Br o'-'Tl, Ma nn, Clayton , Taylor .
Nays : None .
Abstain: Counc i l Member Sovern .
The Mayor declared the motion carried .
******
Pre-scheduled visit or J . W. Norris , c oncerning a pet ition f or annexation
t o the City and for immediate fire protecti on f or an area on South Santa Fe Dr i ve
within Arapahoe Co unty , was not present .
******
Attorney John Criswell of Criswell , Patterson & Ballantine , 3780 South
Broadway , appeared and requested from the City an exchange of title for a
right-o f -way agreement and perpetual easement for the City Ditch at the north-
west c orner of Kenyon and Cher okee f or devel opment purpo ses .
INTRODUCED AS A BILL BY COUNCILMAN SMITH
A BILL FOR
AN ORDINANC E APPROVING A RIGHT -OF -WAY AGREEMENT BETWEEN MELVIN J . DENNING AND
VERLA N. DENNING AND THE CONTINENTAL NATIONAL BANK ( GRANTO RS) AND THE CITY OF
ENGLEWOOD ; AUTH ORIZI NG THE EXECUTION AND DEL IVERY OF CERTAI REAL PROPERTY
AS DESCRIBED HEREIN ; AND AUTHORIZ ING AND DIRECTING THE MAY OR TO EXECUTE SAID
AGREE MENT AND CONVEYANCE ; AND DIRECTING THE DIRECTOR OF FINANCE TO ATTES T THE
SAME .
COUNCILMAN SMITH MOVED TO PASS THIS BILL FOR AN ORD INANCE ON FIRST
READING . Co uncilman Mann sec onded the motion . Upo n a call of the r oll , the
vote resulted as follows :
Ayes : Council Members Williams , Sovern , Smith , Br o'-'Tl , Mann ,
Clayto n, Taylor .
Nays : None .
The Mayor declared the motion carr ied .
* * * * * *
Edward S . and Coleen M. McGinty appeared t o request a transfer of
the h otel/restaurant license from Andrea Nagy , d/b/a The Gol den Fiddle , 3370
South Ac oma , t o Edward and Col een McGinty , d/b/a McGinty 's Tig and Sidewalk
Cafe . Mr . McGinty stated they are planning to have a family restaurant with
an outside cafe .
•
I • •
-
•
•
•
• •
August 15 , 19"/7
Page 3
COUNCILMAN MANN MOVED TO GRANT THE TRANSFER OF THE HOTEL/RESTAURANT
LICEN SE FROM ANDREA NAGY , D/B/A THE GOLDEN FIDDLE , 3370 SOUTH ACOMA , TO EDWARD
AND COLEEN McGINTY , D/B/A McGINTY 'S TIG AND SIDEWALK CAFE . Co unci l man Williams
seconded the motion . Upon a call of the roll , the v ote resulted a s f ollows :
Ayes: Council Members Williams , Sovern , Smith, Br own , Mann,
Clayton , Taylor .
Nays: None .
The May or declared the motio n carried .
* * * * * *
COUNCILMAN WILLIAMS MOVED TO HEAR FROM VISITOR BORIS VUKOVICH AT
THIS TIME . Councilman Mann seconded the motion . Upon a call of the r oll ,
the v ote resulted as follows :
Ayes : Council Members Williams , Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays : None .
The May or declared the motion carried .
Bo ris Vuk ovich , 1996 East Jefferson Place , appeared and requested
Council 's appr oval f or connection of his property at 5101 South Monac o into
t h e Gr e enbelt Sanitation District by August 25 as he will be mov i ng in on that
date .
City Manager Mccown presented Suppl ement No . 9 to Connector 's
Agreement #1 3 with Greenbelt Sanitati on District f or i nclusion of this
property .
COUNCILMAN SOVERN MOVED TO APPROVE SUPPLEMEN T NO . 9 TO CONNECTOR 'S
AGREEMENT #13 WITH GREENBELT SANITATION DIS TRICT . Councilman Williams seconded
the motion . Upon a call of the r o ll , the vote resulted as f ollows:
Ayes: Council Members Wi l liams , Sove rn , Smith , Br own , Mann,
Clayton , Taylor .
Nays: None .
The May o r declared the motion carried .
* * * * * *
COUNCILMAN WILLIAMS MOVED TO OP EN A PRE -BUDGET HEARING . Co uncilman
Sovern sec onded the motion . Up on a call of the r oll , the vo te resulted as
f oll ows :
Ayes: Council Members Williams , Sovern , Smith , Brown , Mann ,
Clayton , Taylor •
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August 15 , 1977
Page 4
Nays : None .
The Mayor declared the motion carried .
City Manager Mccown stated the purpose of this pre-budget hearing is
to receive input f r om the citizens o n the 1978 budget of the City .
Myrtle Jones , 5020 So uth Washingto n , appeared and stated that bathroom
fac i lities are needed at Duncan School and t hat a park is needed in their area .
Maurice Me r lin , 3688 South Sherman , appeared and suggested including
in the budget a very strong dog control program .
Joe Munshaw , 3642 South Cherokee , appeared and expressed interest
in good police protec tio n a nd dog control .
Marten Lathrop , 3259 So uth Clarkson , appeared and stated he wou ld
like t o have pro jected into the budget an amo unt of money t o be set aside t o
assist the handicapped and elderly with tree trimming , snow sho vel ing , trash
removal , etc •
Maurice Jones , 5020 South Washingt o n , appeared and stated Cla rkso n
is i n bad need o f repai rs . He a l s o stated he would l ike t o see mo re o f the
budget put into planning and c ommunity development for the purpose of future
p lanning .
COUNCI LMAN SOVERN MOVED TO CLOSE THE PRE -BUDGET HEARING . Councilman
Clayto n seconded the motion . Up on a call o f the r oll , the vote r esulted as
f ollows:
Ayes : Counc i l Me mbers Williams , Sovern , Sm ith, Brown , Mann ,
Clayton , Taylor .
Nays : No ne .
The Mayor d eclared the mo ti on carried .
******
"Communicat i ons -No Action Rec ommended " on the agenda were received :
a . Financial Report f or the month of July 1977 .
******
City Manager Mcc own presented a memorandum from the Director o f
Finance , Director of Eng ineering , and Purchasing Agent concerni ng bids for
the construction of 2700 square feet of crosspan , 50 l ineal feet o f curbwalk,
130 lineal feet of c urb and gutter , and 360 square feet of sidewalk . The
rec ommendation i s to reject all bids and t o rebid a t a late r date because
all the bids were much higher than the engineer 's e stimate and the amount
budgeted •
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August 15 , 1977
Page 5
COUNCILMAN CLAYTON MOVED TO REJECT ALL BIDS AND TO CONSIDER THE
MATTER AT A LATER DATE . Counc ilman Brown sec onded the motion .
COUNCILMAN SMITH MOVED TO AMEND THE MOTION TO REBID ON SEPTEMBER 20 ,
1977 , Counc ilman Sovern seconded the mo tion . Up o n a call o f the roll , the
vote resulted as follows:
Ayes : Co uncil Members Williams , Sovern , Smith , Brown , Man n ,
Clayton , Tay lor .
Nays : None .
The Mayor declared the mo tio n carried .
Upon the call of the r oll , the v ote on the o riginal motion as amended
resul t ed as foll ows:
Ayes: Co uncil Members Williams, Sovern , Smith , Brown , Mann ,
Clayton , Taylor ,
Nays: None .
The Mayor declared the moti on carried .
* * * * * *
City Manager Mcc own presented a memorandum fr om the Directo r o f
Finance , Director of Engineering , and Purchasing Agent c oncerning the construc -
tio n o f sealco at o n specifi ed streets in the City . The rec ommendati on is to
approve the l ow bid fr om Asphalt Specialties Company in the amount o f $16 ,695 .
COUNCILMAN CLAYTON MOVED TO ACCEPT THE BID OF ASPHALT SPECIALTIES
COMPANY IN THE AMOUNT OF $16 ,695 FOR THE CONSTRUCTION OF SEALCOAT ON DESIGNATED
STREETS . Councilman Sovern sec onded the mo ti on . Up on a call o f the r oll , the
vote resulted as foll ows :
Ayes: Council Members Williams , Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays: No ne .
The May o r declared the motion carried .
******
City Manager McCown presented a memorandum fro m the Director of
Finance , Director of Parks an d Recreation , and Purchasing Agent c oncerning
bids for furnishings for the Elsie Malley Cen tennial Center . The recommendati on
is t o award the bid on a low bid (by group) basis in the t o tal am ount of
$46 ,67 2 ,78 ,
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Page 6
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COUNCILMAN CLAYTO MOVED TO ACCEPT THE BIDS AS PRESENTED IN A REPORT
FROM BARKER , RINKER , SEACAT ARCHITECTS INC . TO THE FOLLOWING LOW BIDDERS AS
DESIGNATED--BUSINESS INTERIORS , SCOT T RICE , ISEC , KISTLER KWILL , MAUSOLF
INTERIORS --IN THE TOTAL AMOUNT OF $46 ,672 .78 . Councilman Mann seconded the
mo tion . Upon a call of the r oll , the v ote resulted as f ollows :
Ayes: Co unci l Members Williams , Sovern , Smith , Brown , Mann,
Clayton , Taylor .
Nays: No ne .
The May or declared the motion carried .
* * * * * *
COUNCILMAN SOVERN MOVED TO RENEW THE HOTE L/RESTAURANT LICENSE OF
HOWARD JOHNSON COMPANY , D/B/A GROUND ROUND , 5180 SOUTH BROADWAY . Councilman
Mann seconded the motion . Up on a call of the roll , the vote resulted as
follows:
Ayes: Council Members Williams , Sovern , Smith, Brown , Mann ,
Clayton , Taylor .
Nays: None .
The May or declared the moti on carried .
* * * * * *
City Manager McCown pre sented a recommendati on from the Parks and
Rec reation Commiss i on that City Council appropriate a sum n ot t o exceed $1 ,500
to obtain a preliminary site plan and cost estimates f or a bathhouse at Sinclair
Sw i m Pool .
COUNCILMAN SMITH MOVED TO APPROPRIATE $1 ,500 FOR A PRELIMINARY SITE
PLAN AND COST ESTIMATES FOR A BATHHOUSE AT SINCLAIR SWIM POOL . Councilman
Brown seconded the motion . Up on a call of the r oll , the vote resulted as
f ollows:
Ayes: Council Members Williams , Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays : o ne .
The Mayo r declared the motion carried .
******
INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS
BY AUTHORITY
ORDINANCE NO . 21
SERIES OF 1977
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August 15 , 1977
Page 7
AN ORDINANCE Af.IBNDING SUBSECTION (a) OF SEC TION 16 , CHAPTER 3 , TITLE XV OF
THE 1969 ENGLE WOO D MUNI CIPAL CODE , BY REQUIRING THE OWNERS OF ALL PROPERTY
HAVIN G CON NECTION TO THE CITY WATER SUPPLY TO IN STALL APPR OVED WATER METERS
UPON THE SALE OR TRANSFER OF SAID PROPERTY .
City Attorney Be rardini noted that the Utilities Department has
rec ommended that line 4 of 15 -3-16(a) be changed t o r ead : " ••• after the sale ,
transfer , or chan ge fr om residential t o comme r cial or industrial uses ••. ".
COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO . 21 , SERIES OF 1977 ,
ON FINAL READING AS AMENDED . Cot:.nc ilman Sovern seconded the motion .
Councilman Mann stated he fee l s a public hearing should be held on
this ordinance t o receive response from the citizens .
COUNCILMAN MANN MOVED TO POSTPONE THIS UNTIL SEPTEMBER 12 , 1977
AND TO SET A PUBL IC HEARING FOR 7 :00 P .M. Councilman Brown seconded the
moti on . Upon a call of the r o ll , the vote re s ult ed as follows :
Ayes : Council Members Smith , Brown , Mann , Clayton ,
Nays : Counc i l Members Williams , Sovern , Taylor .
The May or declared the moti on carried .
* * * * * *
INTRODUCED AS A BILL BY COUNCILMAN SOVERN
A BILL FOR
AN ORD INANCE AMENDING SUB -SECTI ON (b), SECTION 32 , CHAPTER 3 , TITLE XV , OF
THE 1969 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE CHARGE FOR THE CUTTING
OFF OF WATER SER VICE.
' COUNCILMAN SOVERN MOVJCD TO PASS THIS BILL FOR AN ORDINANCE ON FIRST
READING . Counc i lman Mann sec on ded the motion .
Councilman Mann explained that this increase i s to cover the
actual costs f or excavation and disconnection from the street water main .
Joe Mun shaw, 3642 South Ch erokee , appeared and stated he is i n
favor o f flat water rates . He also stated he is against the or dinance
requiring water meters on the sale or transfer of property .
Marten Lathrop , 3259 South Clarks on , appeared and stated he would
like t o see this Bi ll fo r an Ordinance broken d own for the public t o more
easily understand i t .
Up on a call of the r ol l , the v ote resulted as f ollows :
Ayes : Council Members Sovern , Smith , Bro wn , Mann , Clayton , Taylor •
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August 15 , 1977
Page 8
Nays: Council Member Williams .
The Mayor declared the motion carried .
* * * * * *
RESOLUTION NO . 37 , SERIES OF 1977
A RESOLUTION APPROVING THE FINDINGS OF FACT GRANTING TO PAUL H. DAGHLIAN AND
SHAKE DAGHLIAN , D/B/A PAUL 'S RESTAURANT AND PIZZERIA , A BEER AND WINE LICENSE
TO OPERATE AT 3542 SOUTH FOX STREET , ENGLEWOOD , COLORADO .
City Attorney Be rardini noted that the second "whereas " i n this
resolution should be corrected to read 1977 rather than 1976 .
COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO . 37 , SERIES OF 1977 .
Counc ilman Mann seconded the motion .
COUNCILMAN SMITH MOVED TO AMEND RESOLUTION NO . 37 , SERIES OF 1977 ,
BY STRIKING PARAGRAPH 5 . Councilman Mann seconded the motion . Upon a call
of the roll , the vote resulted as follows :
Ayes: Council Members Smith , Brown , Mann , Clayton , Taylor .
Nays : Council Members Williams , Sovern .
The May or declared the motion carried .
Up on a call of the roll , the vote on the or i gi nal mot i on as amended
resulted as follows :
Ayes : Council Members Wi lliams , Sovern , Sm ith , Br own , Mann ,
Clayton, Taylor .
Nays: None .
The Mayor declared the motion carried .
* * * * * *
RESOLUTION NO . 38 , SERIES OF 1977
A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF
COURSE .
City Attorney Be rardini noted that Secti on 1 (A) should be corrected
t o read "Including Weekends & Holidays"; and Section 1 (B) should als o include :
"Weekends & Holidays , 9 holes -$2 .50 , 18 holes -$4 .00 " •
City Manager McCown r e commended that the same fee be charged for
everyone regardle ss of residence address in order to establish adequate play
on the course and because many people contribute to Englewood 's tax base but
do not live in Englewood •
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August 15 , 1977
Page 9
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COUNCILMAN BROWN MOVED TO PASS RESOLUTION NO . 38 , SERIES OF 1977 ,
AS AME DED . Counc ilman Mann seco nded the motion .
COUI CIIJ.IAN SMITH MOVED TO AMEND RESOLUTION NO . 38 , SERIES OF 1977 ,
BY CHANG G THE AGE OF A SENIO R TO 55 YEARS OF AGE . The mo tion died for the
lack of a sec ond .
Up on a call o f the r oll , the vote on the original motion r esulted
as follows :
Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Taylor .
Nays: Council Member Clayton .
The May or declared the motion carried .
* * * * * *
COUNCILMAN SOVERN MOVED TO AUTHORIZE THE MAYOR TO SIGN A PROC LAMATION
PROCLAIMING SEPTEMBER 8 , 1977 AS "NAT IONAL CANCER DAY " IN THE CITY OF ENGLEWOOD .
Councilman Mann seconded the motion . Upon a call of the r oll , the v ote resulted
as follows :
Ayes: Council Members Williams, Sovern , Smith , Brown , Mann ,
Clayton , Taylor .
Nays: None .
The May or declared the motion carried .
******
City Attorney Berardini requested Counc il 's c onsideration for
appointment o f a special Assistant City Attorney to report t o City Council
concerning the law suit o f the City vs . Denver Metals because the case has
been dismissed as far as the City is conce rned .
COUNCILMAN SOVERN MOVED THAT A SPECIAL ASSISTANT CITY ATTORNEY BE
RETAINED TO IN VE STIGATE THE BACKGROUND OF THE FLOOD PLAIN ZO NING MATTER WITH
A REPORT BACK TO CITY CO UN CIL BY AUGUST 22 , 1977 FOR A DEC ISION AT THAT TIME .
Councilman Mann seconded the moti on . Upon a call of the r oll , the vote
resulted as follo ws:
Ayes : Co uncil Members Sovern , Smi th , Br own , Mann , Clayton , Taylor .
Nays: Co uncil Member Williams .
The May or dec l ared the motio n carried •
COUNCILMAN SOVERN MOVED TO SET A SPECIAL CALL CITY COUNCIL MEETING
FOLLOWING THE HEARING SET FOR AUGUST 22 , 1977 IN THE EVENT THAT CERTAIN ACTION
IS NEEDED CONCERNING THIS LAW SUIT AND FOR DIRECTION TO THE SPECIAL ASSISTANT
CITY ATTORNEY . Councilman Mann seconded the motion . Upon a call o f the r oll,
the vote resulted as follows:
------=====-----liiiiiiiiiiiiiiiiiii ...... •
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August 15 , 1917
Page 10
Ayes: Council Members Sovern , Smith , Br own, Mann , Clayton , Taylor .
Nays: Council Member Williams .
The Mayor declared the motion carried .
COUNCILMAN SMI TH MOVED TO APPOINT JOHN CRISWELL AS SPECIAL ASSISTANT
CITY ATTORNEY FOR THIS MATTER , OR CHARGING THE CITY ATTORNEY AND MAYOR WITH THE
RESPONSIBILITY FOR THI S SELECTION IN THE EVENT THAT JOHN CRISWELL IS IN CONFLICT
WITH THIS DECISION . Councilman Brown sec onded the motion . Up o n a call of the
roll , the vote resulted as follows:
Ayes : Council Members Sovern , Smith , Br own, Mann , Clayton , Tay lor .
Nays : Council Member Williams .
The Mayor declared the motion carried .
* * * * * *
Mayor Taylor declared a recess at 9 :55 p .m. City Council rec onvened
at 10 :10 p .m. Upon a call of the roll , the following were present:
Counc i l Members Williams , Sov ern , Smith , Brown , Mann , Clayton , Taylor .
Absent: None .
The Mayor declared a quorum present .
******
City Manager McCown presented a memorandum from the Assistant City
Manager concerning City Council 's s o ftball game with the Channel 9 "Mighty 9 'ers ".
The game is scheduled f or 6 :30 p .m. on September 17 , 1977 at Belleview Park; and
the proceeds of the game will be used t o help defray the cost of furnishings for
the Simon Center lobby .
COUNCILMAN MANN MOVED TO DESIGNATE MAYOR TAYLOR AS MANAGER FOR THIS
SOFTBALL GAME , AND ALSO THAT MAYOR TAYLOR CAN ASSIGN TWENTY PLAYER/COACHES TO
BE USED AT HIS DISGRESSION ; AND TO DESIGNATE THE CITY ATTORNEY STAFF AS THE
UMPIRES WITH THE HEAD CITY ATTORNEY AS THE UMPIRE BEHIND THE PLATE , WITH A
COPY OF THIS DECISION TO BE SENT TO CHANNEL 9 . Councilman Clayton seconded
the motion . Up on a call of the roll , the vote resulted as follows :
Ayes: Council Members Williams , Sovern, Smith , Brown , Mann ,
Clayton , Taylor .
Nays : None .
The Mayor delcared the motion carried .
Mayor Taylor appointed Councilman Mann t o set this game up .
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August 15 , 1977
Page 11
Marten Lathrop , 3259 South Clarkson , appeared and reported on the
progress for raising funds for the furnishings at the Simon Center .
******
COUNCILMAN MANN MOVED TO INTERVIEW FOR THE VACANCY ON THE PLANNING
AND ZONING COMMISSION AND THE WATER AND SEWER BOARD ON AUGUST 29 , 1977 AT
6 :00 P .M. Councilman Smith 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 May or declared the mo tion carried .
******
COUNCILMAN SOVERN MOVED THAT CITY COUNCIL NOTIFY THE STATE HIGHWAY
DEPARTMENT THAT WE ARE IN FAVOR OF THE CONCEPT OF A ONE -WAY COUPLET ON ITHICA
AND HAMPDEN FOR U.S . 285 AND THAT THIS CONCEPT BE UTILIZED IN THEIR PLANNING
FOR I NTERCHANGES AT BROADWAY AND SANTA FE , AND THAT FURTHER INPUT BE GIVEN
TO US ON CONFIGURATIONS AND SO FORTH AT THESE CONNECTING POINTS . Councilman
Brown seconded the motion . Up on a call of the r oll , the vote resulted as
follows:
Ayes : Council Members Sovern, Smith , Brown , Mann , Clayton , Taylor .
Nays : Council Member Williams .
The Mayor declared the motion carried .
* * * * * *
May or Taylor presented a letter he received f r om Elaine Good ,
Executive Direc t or , Cinderella City Merchants Inc ., concerning Cinderella
City 's second annual cookie eating contest to be held in the Blue Mall on
September 17 , 1977 at 2:00 p .m. with the Coo kie Monster as a special guest .
COUNCIIMAN SMITH MOVED TO HAVE A PROCLAMATIO! DRAWN UP DECLARING
SATURDAY , SEPTEMBER 17 , 1977 AS "COOKIE MONSTER DAY " IN THE CITY OF ENGLEWOOD
AND TO PRESENT THEM WITH A KEY TO THE CITY . Councilman Sovern seconded 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 .
* * * * * *
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Page 12
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COUNCILMAN BROWN MOVED TO DRAW UP A PROCLAMATION FOR SUPERINTENDENT
DON HARPER WH O WILL BE RETIRING FROM THE SCHOOL BOARD, Co uncilman Clayt on
seconded the motion . Upon a call o f the r o ll , the vo te resulted as f ollows :
Ayes : Counc i l Members Williams , Sov ern , Smith , Br own , Mann ,
Clayton , Taylor .
Nays : None .
The Mayor declared the moti on carried .
* * * * * *
Mayor Taylor introduced Norm Dimengus from Ad olph Coors Company .
Mr . Dimengus stated he is in attendance at this meeting i n an effort for
their c ompany t o bec ome acquainted wi th local governments in the Denver
metro area .
* * * * * *
There be i ng no further business , Mayor Taylor adj o urned the City
Co uncil meeting a t 10 :40 p .m.
Deputy City Clerk
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SPECIAL MEETING:
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
August 22, 1977
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The City Council of the City of Englewood, Arapahoe County, Colorado,
met in special session on August 22, 1977 at 7:00 P.M.
Mayor Taylor, presiding, called the meeting to order .
The invocation was given by Mr. Howard Brown. The Pledge of
Allegiance was led by Mayor Taylor.
Mayor Taylor asked for roll call. Upon the call of th e roll, the following were present:
Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, and Mayor Taylor.
Absent: None .
The Mayor declared a quorum present.
Also present were: Attorney John Criswell
Director of Community Development Wanush
Assistant City Manager Curnes
Director of Finance/City Clerk James
City Attorney Berardini
COUNCILMAN MANN MOVED TO CONTINUE THE PUBLIC HEARING ON THE
HAMPDEN PROFESSIONAL PARK SUBDIVISION FINAL fLAT. Councilman Smith
seconded that motion. Upon a call of the roll, the vote resulted as follows:
Taylor. Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton,
Nays: None
The Mayor declared the motion carried.
COUNCILMAN SMITH MOVED TO CONTINUE THE PUBLIC HEARING ON THE
HAMPDEN PROFESSIONAL PARK SUBDIVISION FINAL PLAT UNTIL SEPTEMBER 26, 1977,
AT 7:00 P.M . Councilman Mann seconded that motion. Upon a call of the roll,
the vote resulted as follows:
Taylor . Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton,
Nays: None
The Mayor declared the motion carried •
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August 22, 1977
Page 2
Attorney John Criswell, 3780 South Broadway, Special Appointed
Attorney for the City, appeared in reference to the Denver Me tals Company ,
2100 West Oxford Ave . Mr. Criswell appeared before the City Council and
stated that the shredder is located in a flood plain area on one map at
Arapahoe Co unty, but inconsistent with other maps on file at the County.
However, the County Planning Department has c e rtifie d a map rela tive to
the current zoning and it shows tha t th e shredder is in the flood plain.
Attorney Criswell stated that they are trying to determine if
that map accurately reflects where the flood plain lies and whether the
car shredder is within that area.
On August 24, 1977 at 10:00 A.M. City Attorney Berardini stated
that they were requesting a stay on not allowing the car shredder to start
operations.
COUNCILMAN SMITH MOVED THAT THE SPECIAL ATTORNEY AND THE CITY
ATTORN EY MOVE FOR A NEW TRIAL BASED UPON THE CONGLOMERATE OF MISINFORMATION
SURROUNDING THE CAR SHREDDER· CASE. Councilman Sovern 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.
COUNCILMAN SOVERN MOVED TO ADJOURN THE SPECIAL CITY COUNCIL
MEETING. Councilman Mann seconded the motion. Upon a call of the roll,
the vote resulted as follows :
Taylor
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton,
Nays: None
The Mayor declared the motion carried, and the meeting was
adjourned at 8:10 P.M.
City Clerk
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\:ity ·of Englewood
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From the Office of the Mayor
JAMES L. TAYLOR
CITY COUNCIL
David B. Clayton , Mayor Pro Tern
Howard A. Brown
3400 South Elati Street
Englewood .Colorado 80110
Phone (303) 761 -1140 Vern Mann
Donald L.A. Smith
Douglas T. Sovern
Donald W . Wil Iiams
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P R O C L A M A T I O N
WHEREAS, Don Harper is a pioneer resident of the
City of Englewood; and
WHEREAS, he served the City of Englewood as
Superintendent of Englewood Public Schools for ten years and
has been with Englewood Public Schools for a total of 38 years
guiding and molding the lives of many school, children; and
WHEREAS, he has received several awards for his
outstanding leadership in the Englewood Public Schools, one
being the distinguished leadership award from Phi Delta Kappa,
an honorary education fraternity; and
WHEREAS, Don Harper has been involved with many
organizations and associations; School Masters .Club, President
1965-1966; Colorado Association of School Executives, President
1973-1974 school year; member of American Association of School
Administrators for approximately 20 years and Chairman of
Regional District in 1960 to name a few.
NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY
OF ENGLEWOOD, COLORADO, do hereby proclaim, Sunday,
September 11, 1977 to be
DON HARPER DAY
in the City of Englewood.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this 6th day
of Septe mber, 1977.
JAMES L. TAYLOR, Mayor
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APPLI CANT:
Liquor Barn
4415 S Broadway
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COUN CIL ACTION REQUEST
LI QUOR AN D J .2 BEER OUTLET S
TYPE OF ACTION RE QUES TED:
Approval for plans to r emodel a nd expand fa c ility
POLI CE AND FBI REP ORTS :
Not applicable
PREVI OUS CITY COUNCIL ACTI ONS DUR IN G PRI OR TWO YEARS ,
EXCLUDING ANNUAL RENEWAL:
CITY ATTORNEY'S REVIEW:
COMMENTS:
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D A L 3E-18E !Rev 2 77)
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STATE OF COLORADO
Department of Revenue
LIQUOR ENFORCEMEN T DIVISION
1376 SHERMAN STREET
DENVER , COLORADO 80261
0 3 .2 %BE ER
~ LIQUO R
REQUEST TO EXPAND , ENLARGE OR MODIFY PREMISES
License No. I l-'ia.Ct,,,1
Th e undersigned retail licensee requests permission to expand, enlarge, or mod ify the premises at which he is l icens-
ed to do business or the plans and specifications o r igi nal ly submitted at the time of obtain ing the original lice nse ,
in line with Colorado Liquor Code Reg . No. 47-106 .2, or Colorado Beer Code Reg. No. 46-106 .3 .
Name of Retail Licensee : t'HE U Qt.J()£ ~ LTD
Trade Name : _ __.ijlc.L.L=E°'=---'U:;:..;..:~;;;...;;(..)...;,D..clt!_=--'~=---------------------------
Address or Legal Discrip t ion of Premises at wh ich licensed ~
to do busi nes s (include city or town, zip code and county ). __ t/:.._.'1:..:.l..;:$"':;..__ ... sL...._--<.,;filc...b_;;,_~==-------------
Speci f ica t ions, in accurate de t ail, of th e planned expans ion, enlarge ment -i . _ }:.....r-a,~,
or modi fication of th e licensed pre m i ses or prem ises to be licensed : -----'~e......:=.:....::_ _ _,.H,~~=w.i=u.'~.L..---------
Dat e of the proposed ex pansi on, enlarrie men t 6r ti ll.
mod1f1ca t ion of licensed premises to be licen sed : ---"'~=::..ff_:_.......,.-·_/:c...~~,_l...;T'--'-'IJ,__ ________________ _
Signed : -~0-=---....:/__:....~.:..~ ':..:c..,;,t .:...~....;-l:..,I'--__ (__:.·_. --'{"-. .:..i....;h__:.l'__;(,_ _____ _ I IU cen,ee) -;;
APPROVAL OF LOCAL LICENSING AUTHORITY :
Th e foregoing application for permission to expand , enlarge or modify the premises licensed or p la ns and specifica t ions , has been exam ·
ined , and if gr anted , w i ll not be contrary t o the provisions of the Colorado Liquor or Beer Code and Rule s and Regulat ions. Therefore .
the foregoi ng appl ica t ion is he reby approved .
Dated A t -----------------t his ----day of ------------19 __ .
!Name of Town . Chv o r Counw )
Sig ned :---------------------------
(Local Licensing Authoritv)
A PPR OVAL OF DEPARTMENT OF REVENUE :
The foregoi ng appl ication for per m ission t o ex pand , en large or modify the premises lice nsed or to modify the original plans and spec i f -
ica t ions subm itted ha s be en exa m ined , and the planned expans ion , enl argement or m odification , as specified above , is heregy granted .
Dated At -----------------(Name o f Town , CitV or Countv)
this ----day of ------------19 __ .
STAT E LICENSING AUTH OR IT
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City of Englewood
September 2, 1977
TO: File, Revenue Sharing Funds for 1978
FROM: William D. James
3400 S . El ali Slreel
Englewood, Colo rad o 60110
Phone (303) 761 -1140
The following documentation is to be noted relating to the Public Hearing
on Revenue Sharing Funds for 1978 that will go befor e the City Council
September 6, 1977 at 7:30 P.H.
1. The Notice of Public Hearing was posted at the Simon Center, 3333 S. Lincoln )
on September 1, 1977.
2. The following groups namely the appointed representative of each group
was telephoned and notified of the public hearing on September 1 and
September 2, 1977.
Senior Citizen Groups
Golden Age Club
Verna Watkins
781-7086
Grandmothers Club
Hazel Franklin
781-1388
American Association of Retired Persons
Colbert Cushing
781-5431
Jolly 60's Club
Rev. Don Richardson
781-5519
Arapahoe County Council for
Senior Citizens
Vern Schupp
789-2385
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MINUTES OF
ENGLEWOOD HOUSING AUTHORIT Y
MEETING
July 6, 1977
The regular meeting of the Englewood Housing Authorit y, which
had been postponed from June 28, was held on J ul y 6, 1977, and
called to orde r at 5:10 P.M. b y Chairman Th om as J. Burns.
Call o f the Roll
Members Present: Thomas J . Burns, Chairma n
Betty Beier , Vice-Ch ai rman
Ver n Mann
Cindy Peterson
Members Absent: Rev. J . Stanl ey Fixter
Oth ers Present : Richard Wanush
Al Johnson
Alice Fessenden
Reading and Approval of the Minutes
The minut es of t h e r egular Housing Au t horit y meeting of May 24
were di scu ssed. There bei n g no correcti ons or additions, the
following motion was made a nd passed:
MOTIO
MOTION WAS MADE BY BETTY BEIER TO ADOPT THE MINUTES OF THE HOUS-
ING AUTHORITY MEETING OF MAY 24, 1977 AS WRITTE . THE MOTION
WAS SECONDED BY CINDY PETERSON. ALL VOTED "AYE" AND THE MOTION
CARRIED UNANBIOUSLY.
Copi e s of t he Newsletter , "Simon Sez", published by the Resident
Managers and some o f t he tenant s o f the Simon Ce n er, we re dis-
tribut ed f or the information of t he Housing Authority.
Rehabilitat ion Loan Fund Program
Mr. Johnson exp lained a few o f the r evisions y et to be approved
with reg ard to the loan agreement. H presented two resolutions
which require action : 1) Revision of the corporate resolution
authori z ing the Chairman and the Executive Director to act in
behalf of the Authorit y in procuring loans from the bank, and
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2) adoption of the agreement authorizing th e Cha i rman and the
Executive Director t o execut e all n ecessary documents to transact
the rehabilitat ion prog ram. These resolution s had been adopt e d
earlier by the Authority, bu t were f urth er r evised by t he l ega l
counsel, Kirk Wickersham.
Discussion ensu e d regarding these two res olu tions, and t h e order
to be f ollowed in approving loans. Tom Burns pointed out that a
report s hould b e made to the Housing Authorit y at each of their
regular me et ings. Cindy Peterson asked if a vot e of the loan
c ommit tee has to be unanimous , and after some discussion i t was
determined that it should be a majority vote.
Mr. Burns aske d which of the motions passed e arlier we would
want to r e scind. Mr. Johnson answered that he felt i t was not
a matter o f rescinding a motion, but of simply adopting th e new
ones written by Kirk Wickersham to clarify earlier motions.
Mr. Bur ns th e n asked if we were ready to insert th e dollar amounts
requir e d in the resolutions, and after discussion, it was deter-
mined t hat the f i g ures could not be added at this time.
Mr. J ohnson asked i f action would have to be taken at a regular
meet ing to add the dollar amounts later. Mr. Burns felt that
the reso lut ions c ould be adopted, and that the Chairman and the
Executive Director could add the figures later, if this is agree-
able to the members.
Mr . J o h nson s u gge sted adopting the resolutions for $50,000 to be
us ed for int erest subsidy at this time, and revise th e figures when
the Federal mone y becomes available. Mr. Burns announced that he
would ente r tain a motion to adopt the resolutions as submitted by
Kirk Wickersham.
MOTION
MOTION WAS MADE BY VERN MANN AND SECONDED BY BETTY BEIER TO
INCLUD E THE CORPORATE RESOLUTIONS AS REVISED AND SUBMITTED BY
KIRK WICKERSHAM CONCERNING THE AUTHORITY TO PROCURE LOANS FROM
CONTINENTAL NATIONAL BANK OF ENGLEWOOD IN THE MINUTES OF THE
EN GLEWOOD HOUSING AUTHORITY MEETING OF JULY 6, 1977, AND NOT E
THAT TH E AUTHORITY FURTHER AUTHORIZES THE SECRETARY TO INS ERT
A CERTIF I CATE OF THE RESOLUTIONS PASSED AFTER THE EXECUTION
OF T HE AGREEMENT BETWEEN THE HOUSING AUTHORITY AND THE BANK.
AT THE CHAIRMAN'S REQUEST FOR A VOTE, ALL VOTED "AYE " AND THE
MOTION CAR RIED UNANIMOUSLY.
MOTION
MOTION WAS MADE BY CINDY PETERSON AND SECONDED BY BETTY BEIER
TO ADOPT THE SECOND RESOLUTION SUBMITTED BY MR. WICKERSHAM
AUTHORIZING THE CHAIRMAN AND THE EXECUTIVE DIRECTOR TO EXECUTE
ALL DOCUMENTS REQUESTED TO MAKE THE REHABILITATION LOANS WITH
THE INSERTION OF $50,000 AS THE INITIAL APPROPRIATION FOR INTER-
EST SUBSIDY. ALL VOTED "AYE" AND THE MOTION CARRIED UNANIMOUSLY.
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The f in ancial report of the Rehabilitation Loan Program was
presented f or the information of the housing authority members,
and explained by Alice Fessenden . During the discussion, it was
determined that a check should be made with the Finance Depart-
ment to be certain that the loans are being credited to the correct accounts.
A monthly report to the Director of the Department of Communit y
Development was presented for the information of the Housing
Authority members, and discussion followed.
Mr. Wanush reported briefly on a series o f brochures being pre-
pared by him and his department on the Rehab pr o g ram.
It was reported that the approval of a Rehab Technician has
been narrowed down to six applicants, and that a choice would
be made s oon.
Spec ial Gifts Comm ittee
At the request of the Chairman, Al Johnson reported on what has
been accomplished and what still needs to be done by the Special
Gifts Committee. lie stated that City Council had appropri at d
$35,000 to purchas furnishings and equipment fo r the Simon Cen-
ter, and that the money i t o be raised to repay these f unds b y )
the end o f the year. The Special Gifts Com mittee has been charged
with the responsibil ity of raising this money . After s ome dis-
cussion it was agr ed that the co-chairmen of the committee should
be approach ed for a mo re aggressive program.
Mr. Johnson continued to report on the composition of the Commi t -
tee; the Jambo-Rally (a Mayor's Coffee type of program to be held
at the Simon Center to raise fu nds); the approach made to various
individual s to solicit funds; visits to service clubs to speak on
the sub j ect, etc.
Oth e r methods of raising f unds were discussed. Mr . Johnson re-
ported on the receipt o f more than $600 through a bake sale at
the Simon Center, and also stated that a patio sale would be
held at the Simon Center later in July.
Dates were discuss d for a possibl breakfast meeting to include
the architect, Max Saul, and it was decided that Tuesday, J uly 12
would be an a ceptable time .
Dedication and Open House
Al Johnson reported that press releases are being prepared t o
be sent to all the news media, and also that formal invitations
are being printed. He then reviewed some of the plans which
had be e n discussed for the ceremon y .
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Mr . Burns asked that a letter be sent from the Housing Authorit y
to the Fire Department, Jaycees , and all those who helped with
things connected with the move into the apartments.
Mr. Johnson suggested running ads in the newspapers inviting th e
public to the open house and dedication.
Management Plan
Mr. Johnson submitted f or Housing Authority approval some addi-
tions and modificati ons to the present management plan. Regard-
ing the Manager Couple and the Assistant Manager Couple , because
of the nature of their jobs as a team effort, it must be made
clear that the Authority must reserve the right to review t heir
capabilities should one or the other member of a couple-team
become incapacitated. He explained that there was no success in
obtaining a couple who could act as assistants to the managers
and take care of maintenance too. He stated that he had found
it nec e ssary t o go back to the original plan of having a back-up
couple, with another person to handle the maintenance. The main -
tenance person , according to the budget, would be hired at $8,000
per year. He reported on the hiring of Roy and Marian Young as
the Assistant Managers ( back-up couple) .
Fringe benefits , he said, have been changed on the Management
Plan to include two weeks of vacation per year ; management em-
ployees would be entitled to two days off per week, to be
alternated between the two couples; six holidays per year, to
be taken either on the holiday or on an alternate day, to be
arranged between the two couples; sick leave; funeral leave;
jury duty; workman's compensation; insurance benefits and
apartment to be furnished to the manager and assistant man-
ager couples.
Regardi ng the Assistant Manager Couple, Mr. Johnson pointed ou t
that we need a written agreement with the understanding that
the apartment on the first floor (107) is for an assistant man-
ager couple, and in the event that one or both could not function
as assist ant manager couple, they would be assured of a move into
another apartment as tenants, freeing this apartment for another
assistant manager couple.
Mr. Johnson asked f or the approval of the Housing Authorit y on
the changes and additions to the management plan, and on a pay
schedule f or a maintenance person.
These items were discussed further, after which the following
motion was passed:
MOTION
MOTION WAS MADE BY CINDY PETERSON AND SECONDED BY BETTY BEIER
TO ADOPT THE SALARY SCHEDULE FOR MAINTENANCE PERSONNEL. ALL
VOTED "AYE" AND THE MOTION CARRIED UNANIMOUSLY.
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Betty Beier was concerned about the amount of time to be spe n t
by the assistant manager couple, and felt this should be in
writing. She felt the amount of service received with no salary
other than an apartment rent-free should be clearly defined.
MOTION
MOTI ON WAS MADE BY BETTY BEIER AND SECONDED BY CINDY PETE RSON
TO DEFINE THE DUTIES OF THE ASSISTANT MANAGER COUP LE AS BE ING
TO ASSIST THE MANAGER COUPLE ON A PART TIME BASIS, AND TO ASSUME
FULL RESPONSIBILITY IN THE ABSENCE OF THE MANAGERS. ALL VOTED
"AYE" AND THE MOTION CARRIED UNANIMOUSLY.
Cindy Peterson asked if the Assistant Managers wi ll get te n d ays
o ff, and Mr. Johnson said they would get ten vacati on days per
year, to be spe cifi ed as "paid vacation". It was recommended to
drop the word "paid" since the Assistant Managers do not receive
a salary . There was discussion as to whether the manager's t wo
days of f would be always on weekends, and also as to whether the
maintenance person's job description should state "weekends off ".
It was determined that this should be changed to read, "all oth er
personne l would be required to work a 40 -hour week ". The t wo
days o ff for management will vary so that programming will be
on weeke nds, as well as week days.
MOTIO
MOTION WAS MADE BY CI DY PETERSO AND SECONDE D BY BETTY BEIER
TO ADOPT THE MANAGEMENT PLA N AS AMENDED . ALL VOT ED "AYE " AND
THE MOTION CARRIED UNANIMOUSLY.
Miscellaneous
Al Johnson reported that he had received a all from HUD regard -
ing the ACC contract on the Simon Center . A a result of various
difficulties with the contractor, no payment s have been made by
HUD as of this time . In answer to Tom Burns' question regar ding
the payment on the bonds, Mr. Johnson said that the City o f Engle -
wood has been able to meet the payments to date. Ir. Johnson
said the problem would be resolved by the time of the d dication
of the apartments.
Mr. Johnson presented a financial report on the Simon Center pre-
pared by the Finance Department, for the information o f the Hous-
ing Authority memb rs.
Vern Mann pointed out that there are no hand rails on t he elevat ors
at the Simon Center , and also mentioned that the re have been re-
quests that servic clubs be approached f or a donation f or f lag
poles. There has also b en a request that a ham radi o station
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b e placed on t he seventh floor of th Simon enter t o b e used
in cas e o f emergencies . Mr. Johnson pointed o ut that the hand
rails are included i n t h contra t, and wil l be i ns ta lled.
S ection 8 --Existing
Alice Fessenden presented th e mon th l y report which had been sub-
mitted to the Director o f Community Development. This report
was reviewed and discussed. Discussion also took place regard-
ing the problem of non-resident applications.
Mr. Johnson report e d that he had been approached by th e owner
of the Scandia Apartments at 3540 South Pearl, who indicated
an interest in leasing the apartments to the Housing Authorit y
as subsidized units. The program would be one of substantial
rehabilitation, and it was Mr. Johnson's opinion that the possi-
bility exists that HUD would accept work already done b y the
owner as substantial rehab, and if so, they would be abl e to
contract on a fi ve-year lease to subsidize the rents . Seve n
families have been subsidized at the Scandia thus far. I t was
HUD's fee ling that we should try to maintain the same type of
tenants as are in the building at the present time, which is a
combination of families and elderly. There are two-bedroom
units in the building for families. Al Johnson had called the
owner and told him that the proposal would have to be submitted
to HUD by July 19. He recommended to the Housing Authori ty that
we submit the proposal to HUD to insure eligibility in the event
the units would be available under substantial rehabilitation .
The necessary work to be done in getting this program underway
was discussed. Mr. Burns asked who would submit the application,
and Mr. Johnson replied that it would be submitted by the Hous-
ing Authority with a contract with the owner of the building .
Aft er some discussion, Mr. Johnson asked that the Housing Authority
approve attempting to implement this program.
MOTION
CINDY PETERSON MOVED, AND BETTY BEIER SECONDED, TO DIRECT AL
J OH NS ON TO PREPARE A CONTRACT WITH THE OWNER OF THE SCANDIA
APARTMENTS TO IMPLEMENT A PROGRAM OF SUBSTANTIAL REHABILITATION
TO BE SUBMITTED TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOP-
MENT . ALL VOTED "AYE" AND THE MOTION CARRIED UNANIMOUSLY,
Mr. Johns on reported that it appears that we will receive more
unit s under the Se ction 8 Existing Housing program. This would
be in addition to the ten additional units we have already been
allotted for f iscal year 1977.
He also reported on the new housing program, approved by Congress,
and c lari f ied th e work o f the program. This program permits
scattered site development, and also accession of existing structures.
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He explained NOFA (Notification of Funds Available). This was
discussed. He recommended to the Housing Authori t y that serious
c ons ideration be given to a proposal applying for six units of
housing under the new program. Discussion followed, and the
gen era l fee ling was that mor e than six units should be applied
for. However, Mr. Johnson advised the Authority that he felt
it would be better to apply f or less, so that we would be able
t o prove our ability to handle these units; then, after the
program is successful , we could apply for more.
Mr. Johnson reported on the interest expressed by certain devel-
ope rs in building elderly housing f or Englewood . One g roup is
looking in Lakewood and Jefferson County, as well as Englewood.
Mr. Johnson reported on several p o ss i ble sites and the problems
connect ed with each.
New Business
Mr. Johnson reported that the NAHRO conference wil l be held
October 2 to 5, in Mineapolis. The Housing Authorit y is fu nded
for two people to attend. It was agreed that the budget should
provide for two commissioners and on e staff membe r to attend
the national conferenc e in the f uture. It was agreed that this
should be done with next year 's budget. Mr. Burns mentioned
last year's meeting, and said he felt that it was advantageous
to have Al Johnson there to explain the various activities.
Vern Mann asked if anyone had sent a letter of congratulations
to Betty Miller on her appoint ment, and Mr. Burns suggest e d in-
cluding this with her special letter of invitation to the Dedi-
cation and Open House.
Adjournment
There being nothing further to be discussed, the meetin g was
adjourned at 9:30 P .M.
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The Englewood Housing Authority Minutes of the Jul 6 19 IT_
meeting wer e offi cial ly approved by the
Commissioners o n __ A---'u_,gu,,___s _;:.t _2_3~1'----l::.9;:__7 _7 ______________ _
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~~enJoh~n\ ~ Executive Dir e c or \
Englewood Ilousin ~~~ri ty
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CITY OF ENGLEWOOD PLANNING AND ZON ING COMMISSION
Ju ly 19, 1977
I, CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission
was called to order at 7:00 P.M. by Cha irman Pierson .
Members present: Williams, Lathrop, Owens, Parker, Pierson,
Smith, Wade
Wanush, Ex-officio
Members abs ent: Tanguma
Also present : D. A. Romans, Assistant Dir ector
II. APPROVAL OF MINUTES ,
Chairman Pierson stated that Minutes of the July 6, 1977,
meetin g are to be co nsidere d for approval.
Parker moved :
Ow ens seconded : The Minutes of July 6, 1977, be approved as
wri tte n.
AYES: Williams, Lathrop, Ow e ns, Parker, Pierson, Smith
NAYS: Non e
ABSTAIN : Wade
ABSENT : Tanguma
The motion carried.
III, ELECTION OF VICE-CHAIRMAN.
Mrs. ~ierson stated that Ed Smith was Vice-Chairman of the
Plannin g and Zoning Commission, and that this position is now
vacant as a result of Mr. Smith's resignation from the Com-
mission. Mrs. Pierson stated that she understood the City
Council has not yet commenced interviews of those persons in-
terested in appointment to the Commission.
Mr. Tanguma entered and took his place with the Commisdion .
Mrs . Pi erson suggested that the Commission should e lect a Vice -
Cha irman now and not wait for the Council appointment of the new memb er.
Mr. Williams asked that this matter be postponed un til t n e
new me mbe r is a p pointed by the City Council. Mr. Willi ams
stated that he felt the Council appointe is deserving of a
vote on th e l ection of a Vice-Chairman, and that the appoint-
ment should b made by the fi rst meeting in S eptemb r .
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Williams mov e d :
Parker seconded : Th e matter of election of a vic e -chairman
b postponed until September 7, 1977 .
Mrs . Pi e rson state d that sh e would, in all likelihood, hav e
to miss a mee t ing during the summer months, and that she did
not l i k e to g o un t il as late as September without a Vice -
Chairman. Mr. Park e r asked Mr . Williams why he had suggested
postpon e ment until September 7th rather than August? Mr.
Williams pointed out that the City Council must have time for
interv iews. Discussion ensu e d. Mr. Smith stated that he did
not think th e matter of the Council appointment would matter
that much in the election of a vice-chairman. He stated that
h e felt a vice-chairman is needed in th e e vent the chairman cannot a t tend a meeting .
The vote was ca lled on Mr. William's motion .
AYES: Williams
NAYS: Tanguma, Wade , Lathrop, Ow ens , Parker, Pierson, Smith
The motion was defeated.
Mr. Park e r nominat ed Mr . Tanguma for Vice-Chairman.
Smith moved:
Wade s e conded: Th e Nominations be clos e d and Mr. Tanguma be
e lected Vice-Chairman by accl ama tion .
AYES:
NAYS: Pierson, Smith, Tanguma, Wade, Lathrop, Owens, Parker Williams
The motion carried .
IV. FINDINGS OF FACT
CASE #7-77
Mrs. Pierson inquired as to the action the Commission wished
to take on the proposed Findings of Fact which had been sent
to the members on July 15th? Mr. Wanush stated that the Com-
mission may accept a nd recommend the Findings of Fact as
pr e sen te d, or recomm e nd amendments to the Findings of Fact.
Mr. Wa nush not e d that the City Council has set a Public Hearing
da te on Mr. Marshall's Rezoning request for August 8, 1977.
Tang um a moved :
Smith seconde d : The Planning Commission accept and recommend
to City Council the Findings of Fact on Case
#7-77, the rezoning request filed by Mr.
Donald L. Marshal l.
AYES:
NAYS : Parker, Pierson, Smith, Tanguma, Wade, Lathrop, Owens Williams
The motion carrie d .
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V . AUTO WRECKING YARD/JUNK YARD ORDINANCE CASE #33-.6
Mr. Wanush introduced Gary Pit tman, Chief Building Insp ctor .
Mr. Wanush stated that while Mr. Pittman works primarily with
the Board of Adjustm ent and Appeals, his division is charged
with enforcement of the codes and ordinanc s of the City, and
he was asked to sit in on the discussion of the Commission on
the Automobile Wr e king and Junk Ya rd Ordinance .
Mr. Wanush noted that the Comm ission has discussed this matter
periodically for one year. The Planning Commission did recom-
mend a n amen dm ent to the Automobile Wrecking /Junk Yard Ordinanc e
to the City Council on April 5, 1977, the draft of the proposed
amended ordinance being dated March 28, 1977. This draft of
the proposed ordinance stated in effect, that the auto wrecking
yards and junk yards would remain Non-conforming Uses, but
would be allowed to improve within their present physical
boundaries . At a study session with City Council on May 23,
1977, at which meeting this proposed amendment was discussed,
the City Council disagreed with this proposal, and referred the
matter back to the Planning Commission for further study and
consideration. The City Cou ncil did not agree with the basic
premise of permitting a Non-conforming Use to improve.
Mr. Wanush discussed the alternatives open to the Commission:
to reconsider the matter and make a decision on whether or not
the Commission feels the original recommendation was proper ;
to determine that auto wrecking yards should be a llowed as a
Conditional Use in one or both of the industrial zone districts ;
or to determine that this use should be a "permitted use" in
one or both of the industrial zone districts.
Mr. Wanush stated that he understood the Commission reasoning
behind the recommendation that auto wrecking yards remain a
Non-conforming Use to be that no new auto wrecking yards are
wanted in the City . If the Commission determines that the
auto wrecking yards should be a Conditional Use in the industrial
z one districts, there is a possibility that new auto wrecking
yards might come in. Under the Conditional Use procedure, the
Commission would have the opportunity to determine if a use
would be compatible with the area for which it was proposed, or
if it would have an adverse impact on the area, and to ma k e
their decision accordingly . If the Commission determines that
auto wrecking yards should be designated as "Conditional Uses",
two actions to amend the Comprehensive Zoning Ordinanc would
be needed; the first, to enact the Conditional Use section to
the Zoning Ordinance which would apply to all Conditional Uses,
and the second would be to amend the zone district regul ati ons
to state that auto wrecking yards are permitted as a Conditional
Use. The Commission would, at the time of the amendment of the
specific zone district, apply any restrictions they might f el
shou l d be applied to auto wrecking and junk yards.
Mr. Smith ask e d how many a u to wreck i ng yards were in the I-1
and I-2 Zone Districts? Mrs . Romans stated there are two auto
wrecking yards in the I-1 District, and nine in the I-2 District .
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Mr. Smith qu e stioned the possibility o f setting a minimum s i ze
for n ew auto wr ecking y ards, and how this would affect those
auto wrecking yards that mi g ht want t o expand ,
The ma tter of requiring own er s o f exist ing auto wrecking yards
who want to expand their oper ation to e xp an d t o the minimum
size of a new yard was discussed. Mrs . Rom ans stated that
she felt t h e g rowth would depend on wh e th er or not there was
land available for expansio n of these auto wr ecking and junk
yar ds. I f t her e was some land available for e xpansion, but
not enough to bring the yard up to a d e termined minimum area,
she felt the auto wrecking yard and junk yard owners should not
be told they could not expand their operation. Discussion en -
sued. Mrs. Romans stated that she did not think the restrictions
placed on the auto wrecking yard/junk yard property owners should
b e so severe that they would be determined unreasonable. Further
discussion ensued.
Mr. Tanguma asked what, specifically, the City Council was
opposed to in the March 28th draft recommended by the Com-
mission? Mr. Wanush stated that it is the problem of amending
the Non-conforming Use section to allow expansion --this is
allowin g a Non-conforming Us e to be something other than non-
conforming. There was also a sentiment that a uto wrecking
yards were being treated as second-class businesses.
Mr. Tanguma asked if this was the opinion of the Councilmen on
the Commission? Mr. Smith stated that this was not his feeling.
Mr . Williams pointed out that in his opinion, the auto wrecking
yards and junk yards are legitimate businesses, and they are
being treated as second-class citizens . He added that this
type of business is here to stay, and should be permitted to
ex ist under th e Comprehensive Zoning Ordinance.
Mr. Ow ens stated that as he recalled the meeti ng, the City
Attorney stated there were inconsistencies in allowing a Non-
conforming Use to "expan d and improve". By allowing this ex-
pansion and improvement, they are no longer Non-conforming Uses .
Mr . Parker stat d that he fe lt by allowing the improvement and
expa ns ion with in th physical boundaries of the auto wrecking
and junk yards, he fe lt the City was removing the stigma o f
second-class citizens from these businesses.
Mr. Owens asked if, in the Conditiona l Use procedure, the
granting of a spec ial exce ption went with the land or with
the property owner? Mr. Wanush stated that he felt it would
g o with the l and; t h e c onsideration was of the use and not the
property own er , therefor , the permission would logically go
with the land.
Mrs. Wade stated that she felt the auto wrecking yards and
junk yards could be classified as Conditional Uses, and the
Commission cou ld still accomplish what they attempted to do
in t h e March 28th proposed amendment. The Planning Commission
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has the authori ty to approve or disappro ve all Conditional Uses.
Mrs. Wade aske d if improvements to Condition al Uses must be done
with the appro va l o f the Co mmission? Mr. Wanush stated that as
long as the Cond itional Use me ets the restri ctio ns contained in
the ordinance, i t do e s not have to hav e special Co mmission ap-
proval for improveme nts. The Commission may include restrictions
on the auto wrecking yards and junk yards as part of the Con-
d itional Use approval, but they mus t b spe lled out in th e
Ordinance. Mr. Wanush referred to the e xisting automobile
wrecking /junk yard ordinance, and stated that these existing
restrictions would remain in effect unless ch a ng e d by amendment.
Discussion ensued. Mr. Wanush pointed out that once the Com-
mission has made a decision as to whether or not a Conditional
Use should be allowed, the matt er of det ermining if i t me ets
the code is up to th e Code Enforcement Division .
Mr. Tanguma asked how man y areas in Englewood would accommodate
a new auto wrecking yard? Mrs. Romans referred to a map which
indicates vacant land, and pointed out that it would depend on
the minimum lot ar ea determined by the Commission .
Mr. Smith pointed out that if auto wreckin g and junk yards
are made Conditional Uses in only I-1 or only in I-2, the
prob l em would not be so lved for all of these yards, and, in
his opinion , if they are made Conditional Uses in both I-1
and I-2 Zone Districts, it could create mor e problems.
The expansion o f existing lots was discuss e d. Mr. Owens sug-
ge sted that a restriction could be plac e d in the ordinance re-
quiring all expansion to be on land that is contiguous to the
prese nt site . Discussio n ensued.
Mr . Parker noted that if designation o f auto wrecking and junk
yards as Conditional Uses is limited to I-2, this would l eave
the two yards in the I-1 Zone District non-confo r ming.
Mr. Parker questioned if City Council would approve the designa-
tion of auto wrecking and junk yards as permitted us es in the
industrial zone dis tr icts? He stated that h e felt the proposal
of March 28th was much better than making these u ses permitted,
but the City Attorney disagreed . Mr , Park er sta te d that he felt
the amendments proposed in the March 28th draft were "as e n-
forceable as anything e lse is."
Mrs. Pi ers on pointed out that one alternative the Commission
has is to refer the matter to Council as it was proposed in the
March 28th draft. Discussion ensued. Mrs . Pierson stated that
the function of th e Planning Commission is to c ome up wit h what
the members think is the best solution to a problem, and the
proposal of March 28th re f lects what the majority of the Co m-
mission felt achieved that end . Mrs. Wade pointed out that it
is clear the Council will not accept the Planning Commission's
recommendation that t he March 28th draft be approved, and if
the Commission hopes to accomplish anything there will have to
be a change in the recommended proposal .
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Mr. Owens stated that he fe lt the problem wa s centered around
the fact that the recommended proposal of March 28t h would have
a llowed expans ion of Non-conforming Uses, which is contrary to
the d ef inition o f a Non-conforming Use .
Discussion ensu e d.
Lathro p mov e d:
Smith seconded: The Planning Commission refer the March 28th
draft of the Automobile Wr ecking Yard/Junk Yard
Ord inance amendments back to the City Council , for their review
and c onsideration; the Planning Commission has reconsidered this
propos a l a s requested by the City Council, and has also con-
sidered the possibility of designating the auto wrecking and
j unk yards as Conditional Us e s, which the Commission does not
fee l is appropriate. The Commission does feel that the March
28th draft o f proposed amendments is the proper way to proceed .
Discussion e nsued. Mr. Smith noted that he agreed with Mrs.
Wa de that r efe rring the March 28th draft of the proposed amended
Automobile Wrecking and Junk Yard Ordinance back to City Council
will not accomplish anything. The City Attorney has expressed
the opinion t h a t the Commission's action is contrary to the
definition of a Non-conforming Use by proposing to allow Non-
conforming Uses th e right to expand and improve within their
physical borders.
Mr. Ow e ns pointed out that it is a legal definition of Non-
conforming Uses that appears to govern this matter ;· a Non-corr
f orming Use cannot b e allowed any alteration, improvement or
expa nsion. Mr. OW e ns pointed out that there could be eno ugh
restrictions pl ace d o n the Conditional Use status of auto wrecking
and or junk yards that they could not improve, expand, or do
anything over and above what they are allowed to do now, if
this were th e Commission's desire. Further discussion ensued.
Mr. Smith stated that he felt the Commission would have to re-
consider the Conditional Use designation and that they will have
to c onsider a minimum lot area requirement for new lots as well
as a minimum area expansion f or the existing automobile
wrecking yards. He s tated t hat he felt any area used for ex-
pansion of exist in g wrecking or junk yards must be contiguous
to the yard .
Mr. Smith stated that he would vote against the motion .
Mrs. Wade agreed that t h e Commission must consider the Conditional
Use d es ignation f or auto wrecking and junk yards .
Mr. OW e n s state d t h at he fe lt the Commission would be defeating
their purpos e to recommend the March 28th draft back to the City
Council. He stated that he felt the Commission could sti ll come
u p with a good ordinance, and if the City Council is opposed to
the Non-conforming Use improvement, the Commission should put
some tee th into the Conditional Use designation of these businesses.
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Mr . Ow ens st 3 ted that he felt the Commis s ion could stil l wo rk
with City Council on this matter. Discussion e nsued.
The vot e on Mr. Lathrop's mot ion was ca ll e d.
AYES : Park er, Lathro p
NAYS : Ow ens, Smi th, Ta n g uma , Wade, Williams
ABSTAIN: Pi erson
ABSENT: None
The mo t ion failed .
Parker moved:
Tanguma seconded: That the Planning Commission recomm e nd
to City Co uncil that automobil e wr ecking
ya rds and junk yards be made a permitt e d
use in the I-1 and I-2 Zo n e Districts .
Discussion e nsu e d. Mrs . Wa d e questioned why Mr. Parker mo ve d
to allow the a u to wr ecking a nd j unk yards as P ermi tted Uses
rath e r than Conditional Uses? Mr. Par k er stated that the a uto
wrec king yards and j u nk yar d s are l egit ima te b usin e sses . He
pointed out that some of the Councilmen were upset because
they felt the Commission recomm e ndation that they r e ma in Non-
co n f orming Uses was "down-gra ding them". Mr . Parker stated
that h e did not agree with the Co un ci l 's opinion , and that he
did not agree with the City Attorn ey 's opinion t hat it is in-
consistent t o allow Non-con f orming Uses to improve and expand
within their ph ysical bounda ries.
Brief d iscussion f ollowed .
The vote was ca lle d.
AYES : Park er
NAYS: Lathrop, Ow e ns, Pierson, Smith, Wade, Williams
The mo tion fai l ed .
Mr. Smith asked for a geog raphical outline o f the I-2 Zone
District. Mrs. Romans indicated the same on the ma p.
Mr .Williams l eft the meeting.
Mr. Smith asked if the Co nd itional Use procedures would apply
to on ly the auto wrecki n g yar ds and j unk yards ? Mr. Wanu sh
stated that once the Conditional Use procedur es were adopte d,
they woul d apply t o all Con ditional Uses permi tted by the
Co mpr hensive Zoning Ordinance .
Following adop tion of the Conditional Use procedures, the
Commission would have t o am end the Comprehe nsive Zoning Ordinance
t o make a u tomo bile wr ecking yar ds and junk yar ds Conditional
Uses in the I-1 and/or I-2 Zone District as determined by the
Commi ssion.
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Mr . Smith state d that he felt it should be made cle ar th e ex-
pa nsio n b y an e xis t ing auto wreckin g yard will no t autom atically
ma k e t h e a re a o f e xpansion a par t o f t h e "Conditional Us e", even
i f th e l a nd is c ontiguous to th e e xis tin g auto wrecking yard.
Di scu ss ion e n s u ed .
Sm i t h mo v e d :
Owe n s second ed: Th e Commission re qu est t h e staff t o dr af t a
propo se d or d in a n ce ma kin g auto wreckin g yards
a nd j unk ya rds a Condition a l Use in th e I-2 Zon e District.
Di s cu ssio n ens u ed.
Mr. Owens su ggested that possibly mor e r e stri c tions could be
placed on th e Condit io na l Uses i n t h e I-1 Zone District than
would be pl a c e d on Con d itional Us es in th e I-2 Zone District;
thus, auto wr e cki ng yards and j unk yar ds mi g ht be permitted
as conditional u ses in both z one dis tric ts but not und er the
same restrictions .
The vote was ca lled :
AYES: Lathrop, Owens, Pierson, Smith
NAYS: Parker, Tanguma, Wad e
ABSENT: Williams
The mo tion carried.
The guidelines the staff should use in drafting thi~ Ordinance
include the premise that expansion of existing auto wrecking
or junk yards would be permitted, but only onto land that is
contiguous to the existing yard. Such acquisition shall not
automatically make t hat land avai lable f or use as part o f the
auto wr e cking yard, but must be approved by the Commission.
Ther e shall be a minimum lot area set for new auto wrecking
and j unk yards, and there shall be a minimum acquisition standard
set forth f or the expansion of ex isting yards.
VI. INDUSTRIAL ZONE DISTRICT AMENDMENTS.
Mr . Wanush sta te d t h at the Commission has asked the s t aff to
p r e p a r e a n am e ndm ent t o t h e Comprehensive Zoning Ordinance
which would p rohi bit shre dd e r s of automobiles or metal products
in the I-1 a nd I-2 Zo ne Di s tric t s. Mr. Wanush proposed the
fo llow ing ge n era l stateme nt t o be drafted into an a men dm ent:
"EXC L SIO of leta l Shr e dde rs and Similar Shredding Op erations .
Auto hr e Jd r, crap meta l s hredder or oth e r operations of a
imil :u · nature in volving t h e destruct ion, disintegration, or
transformatio n into raw materials of previously manufactured
meta l pr oducts or metal items which have become worn out and
use l es s scrap g oods. Such similar oper ations sha ll be those
th at c r ea te a physi c al hazard to persons or property beyond
t h e prope rty lin e o f t he premises in quest ion , by the e mission
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of excessive sound, vibration, heat, g lar e, dus t and fumes
of a degree and type normally associated with auto shredder
or scrap metal shredder operations."
The Public Hearing on the amendment of the I-1 and I-2 Zone
Districts was scheduled for August 16, 1977, at 7:00 P.M.
VI. DIRECTOR 'S CHOICE
Mr. Wanush stated that he had nothing to discuss under
Director's Choice.
VII. COMMISSION'S CHOICE
Mrs. Wade extended an invitation to members of the Planning
and Zoning Commission to attend the Parks and Recreation
Rev iew Committee meeting of August 4, at which meeting Council-
man Doug Sovern will speak on drainage. Mrs. Wade stated that
the Review Committee is looking at drainageways as greenbelt
developments throughout the City. Mrs. Wade stated that the
meeting begins at 7 :00 P.M. in the Community Room.
The meeting adjourned at 8:40 P.M.
Gertrude G. ~e ty 7
Recording Secretary ·
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING A CT ION OR
RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION.
DATE: July 19, 1977
SUBJECT : Findings of Fact : Rezoning of 3270, 72, 74, 76,
78, and 80 South Bannock Street.
RECOMMENDATION:
Tanguma moved:
Smith seconded: The City Planning Commission accept and recommend
to City Council the Findings of Fact on Case
#7-77, the rezoning request filed by Mr. Donald
L. Marshall.
AYES: Parker, Pierson, Smith, Tanguma, Wade, Lathrop, Owens NAYS: Williams
The motion carried.
Respectfully submitted,
By Order of the City Planning
and Zoning Commission.
<';errude G. '~lty ' 1
.Recording Secretary
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CITY PLANNING AND ZONING COMMISSION
CI TY OF ENGLEWOOD, COLO RADO
IN THE MATTER OF CASE NO. 7-77, )
FINDINGS OF FACT, CONCLUS IONS , )
AND RECOMMENDATIONS RELATING TO )
THE APPLICATION OF DONALD L. )
MARSHALL TO REZONE A CERTAIN )
AREA OF THE CITY OF ENGLEWOOD )
FROM R-2, MEDIUM-DENSITY RES!-)
DENCE, TO B-1, BUSINESS, PUR-)
SUANT TO §22 .3-2 OF THE COM-)
PREHENSIVE ZONING ORDINANCE OF )
THE CITY OF ENGLEWOOD , COLORADO . )
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A Public He aring was held in connection with Case #7-77,
on June 21, 197 7, in the City Council Chambers at the Englewood
City Hall. A quorum of the City Planning and Zoning Commission
was present, thos e being: Mr. Lathrop, Mr . Parker, Mrs. Pierson,
Mr . Don Smith, Mr. Ed Smith, Mr. Tanguma, Mrs , Wade and Mr.
Williams. Thos me mb e rs of the Commission who wer e absent: Mr. Owens.
FINDINGS OF FACT ---
Upon r e view of the e vidence taken in the form of testimony,
presentations, reports and filed documents, t he Commission makes
the following findings of fact :
1. That proper notice of the Hearing to consider the
requested rezoning was given by posting the property and by
publishing a notice of the Hearing in the official City n e ws-
paper, t he Engl e wood He rald Sentinel.
2. That the area in question is described as follows:
Part of the E 1 /2 of the S 1 /2 of the S 1 /2 of the
E 1 /4 of SW 1 /4 of Section 34 Township 4 South, Range 68
West, more particularl y described as follows :
Beginning at poin t on center line of South Bannock
Stree t which is 140 fe et South of the North line of said E 1 /2
o f S 1 /2 of S 1 /2 o f NE 1 /4 of SW 1 /4 ; thence East paralle l to
sai d Nort h line a distance of 163 feet, t hence South parallel
to the center line o f South Bannock Stree t 101 feet more or
l e ss to a point 91 feet North of the South line of said E 1 /2
of S 1 /2 of S 1 /2 o f NE 1 /4 of SW 1 /4, thence West parallel to
said South line a distance o f 163 feet more or less to the
center line o f South Bannock, thence North along the center
line of South Bannock Street a distance of 101 feet more or
l e ss to the point of beginning, County o f Arapahoe, Stat e of
Colorado ,
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3. That the application for rezoning was filed by Donald
L . Marshall, 6059 South Elati Street, Lit t l eton, Colorado 80120,
who, together with his wife, Helen, is the own e r of the above
described property and that the applicant was represented by
Attorney John A. Criswe ll.
4 . That the area which is the subject of this application
was zone d R-1, Single-family Residence fro m 1940 to 1955 and it
was zoned R-2-A, Two-family Residence, by Ordinance No. 45,
S e ries of 1955, which zone district permitted a maximum density
of two units on a building site having a minimum density of
9,000 square feet, and that the property having frontage on
South Bannock Street which lies to the south of the subject
site was rezoned from R-2-A to B-1 in 1963.
5 . That the R-2-A Zone District was repealed by Ord inance
No. 30 o f 1975 and an R-2, Medium Densit y, Zo n e District was
enacted by said Ordinance No. 30 of 1975 .
6. That the subject property, together with a majority
of the other property in the City which had been zoned R-2-A,
was z on ed R-2, Medium Density Residence, by Ordin ance No. 50,
Series of 1975.
7, That the owners of the subject property were represented
at a public hearing on that rezoning, with testimony being given
that the property should be considered separately rather than
being included with property which was in other parts of the
City, and that it should be considered for a di ffere nt z one
classification.
8. That three times since 1940, z oning has been imposed
on the subject property which made the existing use non-conform-
ing rather than imposing a zoning on the property which re-
flected the use of the land.
9. That the property to the north and west of the subject
site is zoned R-2, Medium-Density Res idence and that the property
to the east, south and southwest is zoned B-1, Business, and
that the requested rezoning would extend the boundary of that
B-1 District to include the subject parcel of land .
10. That the subject property has 101 foot of frontage
on South Bannock Street and a depth o f 133 feet.
11. That there are three small frame, two-unit residential
structures approximately 50 years old, on the subject property,
e ach unit having 350 square feet of floor area.
12 . That these units are in poor repair and do not meet
the minimum standards of the R-2 Zone District as to densi ty
or floor area and they could not be brought into compliance
with the pr esent re g ulations without reducing the density and
thereby depriving the owner of the income from two units •
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13. That th e south e ast p ortion of t h e s ubject p r operty
abuts the parking lot fo r the Checker Au t o Parts an d Ye llow
F r ont businesses , which uses adversely affect ~h e subj ect
pro pert y as a medium-density r esidential site.
14. That the Generalized Land Us e Map of th e 196!'1 Compre -
hensive Plan, projects that the business z oning whic~1 is t o
the east and south of the subject site will, in th e futu~e ,
extend west to South Bannock Street and north to We st East"1an
Avenue , encompassing the property which is the s ubj ,~ct of this application.
15. That the applicant plans to remove the six substandard
units which are on the subject pr o perty and to construct a
small office building, if the r ezoning is approved .
16. That because of limited access to the site, and be-
cause of its proximity to a resi dential area, an office build-
ing could be compatible with adjacent development while more
intense retail uses would not be compatible.
17. That Counsel f or the applicant stated that his client
plans to construct an office building on the site and that his
c lient would a g ree to limit the use of the s u bject property to
the following uses by covenants or by any oth e r means approved
by the City Attorney:
Any use permitted presently by the Comprehensive Zoni n g
Ordinance in the R-2 Medium Density Residence District, as the
property is presently designated ; plus the f ollowing uses from
the B-1 Zone District:
§22 .4-10 b ( 4)
(11)
(12)
(15)
(24)
(35)
(4 1 )
(57)
(59)
(70 )
(71 )
(72 )
(77)
(78 )
(79 )
(86)
(94 )
(107 )
Any use intended to provide health treatment
for the payment of a fee;
Barber shops ;
Beauty shops;
Book stores ;
Clinics, dental or medical ;
Educational institutions ;
Floral shops ;
Laboratories, dental or medical ;
Library or reading rooms;
Office buildings ;
Opticians ;
Optical and scientific instrument shops ;
Picture framing;
Photographic studios;
Photostatin g and blueprinting
Public bui ldings ;
Studios ;
Any similar lawful use which, in the o pi nion
of the Commission is not objectionabl e to
nearby property by reason of odor, dust, fumes,
gas, noise, radiation, heat, g lare or vibration
or is not hazardous to the health and property
of the surrounding areas through danger of fire
or e xplosio n.
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18, That the recommendation of the Planning Co mmission
does not bind the City Council and that if the Co mmission
attaches a condition to its recommendation relative to the
rezoning case, such recommendation is advisory only,
CONCLUSIONS
1 , That proper notice of the Public Hearing on Case
No. 7-77 was given by posting the property and by l ega l notice
in the official City newspaper,
2 . That because of the proximity o f the subject area to
land z oned f or business use and to business development, the
land does not lend itself to medium-density residential use.
3. The development which has been on the subject property
f or approximately 50 years has become substandard and the units
do not meet the densi ty or floor area requirements of the exist-
ing zoni ng regulations, and to demolish the units and to re-
develop the land under th existing zoning, would deprive the
owner of the use o f the land whi ch existed at the time of its purchase .
4, That the land was developed at its present density
prior to the first Englewood Zoning Ordi nance of record, the
1940 Zo nin g Ordinance, and since that time zoning has been
imposed on the property which did not reflect the actual use of the land.
5, That since the units were constructed, the land ad-
joining the subject property to the south has been z oned and
developed for commercial use .
6 , That the extension of the B-1, Busin ess District to
include the subject property would be in conformance with the
1969 Comprehensive Plan ,
7. That there are certain uses permitted in the B-1,
Business District which would permit the property to be re-
developed compatibly with the adjacent properties ; while other
uses permitted in the B-1 Zone District would not be compatible
with the adjacent developm ent .
8, That the application of the B-1, Business, zone
c lassification to the subject property, will conserve and
stabilize the value o f property in the subject area and will
not cause undu e concentration of population, traffic or stress
upon community utiliti es and services and will promote the
h ea l th, safety, morals and ge neral welfare of all in accordance
with a comprehensive plan,
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RECOMMENDATION
Therefore, it is the recommendation of the City Planning
and Zoning Commission to the City Council of Englewood that
the above described area be z oned B-1, Business 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, f umes, gas , noise, radiation, h e at, glare,
or vibration or is not hazardous to the heal t h 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 l egal and binding on both parties.
Upon vote at the meeting of the Commission on June 21, 1977:
Those members voting in fav or of the motion: Mr . Lathrop,
Mr. Parker, ·Mrs . Pierson, Mr. Don Smith, Mr. Ed Smith, Mr . Tanguma, and Mrs. Wade .
Those members voting in opposition to the motion: None.
Those members abstaining: Mr . Williams .
Those members absent: Mr. Owens.
By Order of the City Planning
and Zoning Commission .
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MINUTES
COUNCIL MEETING
WEDNESDAY, JULY 20, 1977
DENVER REGIONAL COUNCIL OF GOVERNMENTS
Present:
Don DeDecker, Chairman
Fred Allen
John G . Campbell
Robert Clement
William Cobern
Macy DiLorenzo
Ruben Hartmeister
Harold T. Hodges
Robert G. Howard
James J. Nolan
Mike Schonberg
Norman A. Smith
Doug Sovern
Lu Ella Terry
Thomas G . Thomas
William Thornton
Robert G . Trenka
Also Present:
City of Lakewood
City of Westminster
Adams County
Jefferson County
City of Aurora
Town of Louisville
City of Golden
City of Northglenn
City of Wheat Ridge
C ity and County of Denver
City of Thornton
City of Broomfield
C ity of Englewood
City of Glendale
City of Arvada
Town of Bow Mar
City of Boulder
Thomas Q. Benson, DRCOGAttorney; Barbara Williamson, RTD;
Pa tricia Thorsky, Metro Denver; Ra y McNeil!, Metro Sewage
District; Cheryl Signs, Westminster; fim Morehead, The Denver
Post; Rex K. Lowell, CAC; Susan Hardwick; and various members
of the DRCOG Staff.
Chairman DeDecker called the meeting to order at 7:35 p.m. Roll was called
and a quorum declared present.
Minutes of Tune 15, 1977
Council on motion by Mr . Nolan, supported by Mr.
Cobern, unanimously adopted the minutes of the
June 15, 1977, meeting as mailed .
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COUNCIL MINUTES
July 20, 1977
Page two
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Before continuing with Agenda Item III, Chairman DeDecker allowed Mr. Harold
Hodges to discuss the Position Statement concerning t he $31,000,000 Bond
Issue passed in Northglenn on July 12, 1977. The Bond Issue con cern s the
building of a 'total land and resources management s ystem . Mr. Hodges
reported that based on discussions with Mr. Farley, M r . DeDec ker, and Mr.
Pampu, the standard procedures should be followed by the Council in resolving
the Plan Amendment issue, but that it w ould not necessarily take an extended
period of time for such approval. It was re commended by Mr. Hodges that
this position statement be expedio usly handled by Council so that Northglenn
c an be designated the Management Agency under the Section 208 Water Quality
Plan. Mr. Hodges formally requested that amendment to the 208 Plan. North-
glenn will present its own 201 Study to DRCOG pursuant to the procedures
established for amendment of the Clean Water Plan.
Mr. Hodges brought up two questions concerning the Plan. (1) Will Thornton
join us in the Plan? and (2) Is Northglenn going to be able to participate and
get Federal Funding?
To get the necessary funding, Mr. Hodges felt it imperative that Northglenn
be designated the Management Agency.
Mr. Farley stated that the normal process established by the rules and procedures
of the Council calls for this matter to be placed before a Public Hearing which
would call for action in December. Between those dates, this matter w ruld
have to be placed before several advisory committees of DRCOG. In order for
Council to take up these matters any sooner, rules and procedures would have
to be suspended for amending the plan, but according to the Articles of
Association, a Public Hearing would have to be scheduled. In addition, the
201 Study from Northglenn would be awaiting comments from Metro Sewer to
adequately address the Northglenn alternative . Mr. Farley stated that he had
mailed a letter to the Metro Sewer District asking that we address the Northglenn
situation and provide additional data to justify their draft plan.
Sum mary of the Executive Committee Meeting of July 6, 1977
Council accepted the Summary as mailed.
Re p ort of Chairman
Copies of correspondence were made available to Council from federal and state
agencies concerning the Federal Re gional Cou ncil Resolution, the Military
Installations Resolution and Foothills. Chairman DeDecker noted that he has
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COUNCIL MINUTES
July 20, 1977
Page three
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been officially designated by Governor Lamm t o serve o n the Drought Cou n cil.
Report of Committees
Program Committee
Chairman Nolan reported on the Water Task Force Recomme ndat ion
discussed at the Program Committee. The recommendation was
that the Denver Regional Council of Governments update and
possibly adopt th e 1975 Water Study that was commissioned by the
legislature's Metro Water Study Committee . Staff was asked to
update the 1975 Water Study. A possible water plan update will
be expected with i n the next 90 ~o 120 days.
Mr. Nolan mentioned that the Metro Study Proposal was discussed
in detail and at the next Program Committee meeting scheduled for
August 3, a spec ial meeting will be held following the Program
Committee to discuss the Proposal and recommend future action .
Citizens Advisory Committee
Mr . Rex Hole reported on the Resolution passed by the CAC
recommendi ng to Coun cil that the Regional Growth and Develop-
ment Plan be dissemina ed to the various agencies for their review.
Report on Results of the Mail Ballot on the 208 Clean Water Plan
Chairman DeDecker made note of a correction of the results of the mail ballot.
As of this date, there were 24 affirmative votes and 8 no votes . Chairman
DeDecker stated that the Plan was officially accepted on June 24, 1977 by
mail vote. The Plan w ill be delivered as scheduled to the State on July 21,
1977.
A package of correspondence was forward ed to Council addressing concerns
expressed by the Water Quality Control Commission, the Department of Health,
the State 208 Executive Com mittee, et. al.
Mr. Farley noted,in particular, the concern on the part of the State 2 08 Executive
Committee that t h e large general purpose local governments have an opportunity
to play a larger role in the 208 process through Management Agency Designation.
The State suggests this may be acc.omplished ~hrough a series of meetings with
those major governmental units, s u c h as Adams, Arapahoe, Boulder, and Jefferson
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COUNCIL MINU TES
July 20, 1977
Page four
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Counties and the C ites of Lakewood and Wheat Ridge . The State h o pes
those meetings would enable t h e local governments to better u nderstand
the role they might effec tively serve in the 208 proc ess.
Hop efully, the State will act expedious ly i n certifying the plan to the Environ-
mental Protection Agency .
Th e continuation of this planning effort is contingent upon funds being available
and recertification by the Governor to EPA. Congress has urged both the
former administration and c urrent administration to drop its legal a ctions
withholding $137 ,000,000. Many 208 progr ams are in jeopardy, and
Congress may make an emergency appropriation in the amount of $69,000,000
to provide immediate help to a num ber of endangered programs across the
country .
1977 Revised Budget
On Ju ly 6 the Executive Commi t t ee and Program Committee r ecommended
fa vorable action by Council on the 1977 Re vised Budget. Particular attention
was drawn to pa ge 7 of the Revi s ed Budget which describes an overall Summary
of Expenditures. The pu rpose of the Revised Budget i,; to r eflect changes,
deletions, additions, etc. in grants during the year. After a brief discussion,
the fo llowing a ctio n wa s taken.
Cou n c il on motion by Mr, Allen, su pported
by Mr. Cobern, moved for the adoption of
Reso lutio n No. 19, 1977, A Resolution
Ado pting the 1 9 77 Revised Budget and
Appropriating the funds therefor. Motion
carried unanimously. (A signed copy of
Resolution No . 1 9 , 1977 is attached to and
made a part of the file copy of these minutes.)
Am e ndment to the Articles o f Associati on on Executive Committee Membership
At it s Ju ly 6 meetin g , the Program Committee unanimou s ly recommended favorable
a c tio n b y Counc il on the Amendme nt. Chairma n DeDecker stated that ado ption
requir es an affirmative majority of the Council member ship. A majority of
the total Council membership is 20 . Because there were only 17 member s present,
the Chai rman directed in accordan ce with the Arti cles of Association that a Mail
Ballot be taken of the Participating Membership on the Amendment to the Articles
of Association. The r esults will be r eported to Counc il at th e August meeting •
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C OUN CIL MIN UTES
Ju ly 20, 1977
Page five
Re gional Growth and Development Policies
The Regional Growth a nd Development Plan w as discussed and Mr. Nolan
stated various DRCOG committees have been w orking on the Plan for approxi -
mately nine months. Mr. Nolan requested that a section be included t o
implement the Plan throughout the region . The follo w ing amendment was
offered .
Cou n cil on motion by Mr. Nolan, supported by
Mr . Thomas, moved to amend the Resolution
as follows: Be it Further Resolved that in t he
dissemination of this draft plan, a cover letter
be included stating that an important aspec t
of the plan is a Sectio n on implementation and th at
Staff be directed to develop an Implementatio n
Chapter for the Plan which will be submitted to
the appropriate committees prior to its adoption
by Cou n cil . The proposed amendment carried
unanimously .
C ouncil on motion by Mr . Nolan, supported by
Mr. Sovern, moved for the adoptio n of Reso lution
No. 20 , 1977, as amended, A Resolution Dissemi-
nating the Draft Regional Growth and Development
Plan for the Denver Region for Review and Discussion.
Motion c arried unanimously. (A signed copy of Resolu -
tio n No . 20, 1977, as a mended , i s atta c hed to and
made a part of the file copy of t hese minutes .)
Briefing on the 1978-80 Unified Trans p o rtation Work Program
At the Program Committee, this date, it wa s recommended that Council
favorably a pprove the 1978-80 Unified Tra nsportatio n Work Program.
Coun cil on motion by Mr. Nolan, supported by
Mr. Cobern , moved for the adoption of the
1978-80 Unified Transportation Work Program.
M otion carried unanimously.
Annual Report on Regional Growth and Development
Th e Program Committee reviewed the Report at its meeting this date and
recommended fa v orable action by Cou ncil.
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COUNCIL MINUTES
July 20, 1977
Page six
Council on motion by Mr. Cobern, supported by
Mr. Campbell moved that the attached Exhibit E-1
be amended in C olumn l, Current 1977 to read
Ja nuary 1, 1977. The motion carried unanimously.
Council on motion by Mr. Nolan, supported by
Mr, Thomas, unanimously adopted Resolution
No. 21 , 1977, A Resolution Amending the Policy
for Allocation of the Regional Population Forecasts
to Subareas of the Denver Region and Exhibit E-1
(as amended) which are attached and made a part
of the Resolution, (A signed copy of Re solution
No. 21, 1977, as amended, is attached to and
made a part of the file copy of these minutes.)
Program/Issue Status Reports
Membership Services
Mr. Larry Borger reported on the Minority Intern Program.
These students can provide valuable services to local
governments on an internship basis. Membership services has
just completed the screening process and has chosen 17 students
for the current program.
Mr. Borger encouraged members of C ouncil who would be interested
in having an intern work for their res pective local government
beginning January, 1978, to allocate the expenditures in their
upcoming budget considerations,
Housing Re port
Mr. Fred Alle n reported that the Select Committee on Housing made
a report to the Housing Advisu,y Committee of DRCOG. The Committee
has since April, discussed the problem of the failure to allocate
necessary low and moderate income housing units throughout the
region. He noted that the Committee had heavily concentrated their
efforts in obtaining information from those individuals directly involved
in producing units in thi s Region. Input has been received from the
State Division of Housing and various Executive Directors of Housing
Authorities.
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COUNCIL MINU TES
July 20, 1977
Page seven
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An attempt will be made to formulate recommendations to pre sent
to the Council.
Report of the Executive Director
Mayor Thornton noted that he had transmitted a letter to the State requesting
that a portion of the unmatched federal funds available to the State be allocated
to Region III. Requests for Urban Systems projects from the participating
entities totalled $105,000,000, for which $3.2 million was available.
New Urbans Systems selection criteria have been developed and will be
transmitted to Council for adoption in August.
Mr. Farley reported on items which will be discussed at future Council
meetings. It is expected that a Contract with the State for Drought Coordination
would be submitted to the Executive Committee in the amount of $18,000.
The 1978 Budget will be submitted for approval as well as the Transportation
Plan Restatement.
Mr. Farley urged all Council members, as well as members of their respective
city councils and County Commissions to encourage attendance at the NARC
Conference in Denver, May 6-10, 19 7 8 .-Sufficient budget should be anticipated
for attendant conference expenses. The Hilton Hotel has been identified as the
headquarters for the NARC C onference. Please contact Carol Langley for
information concerning necessary arrangements.
Calendar of Policy Issues
C hairman De Decker noted the Calendar of Policy issues.
Other Matters by Members
Mr. Sovern stated that he was Region III' s representative for th(! Governor's
Council on Emergency Medical Services . He noted that D RC OG had completed
a Planning D ocument for Emergency Medical Services in Region III which includes
the formation of regional councils . To date a regional council has not b een formed,
a l though several loc al coun cils d o exi s t. He noted that Colorado has received
$1. 5 mi llio n dollars of federal fu ndin g , with none b eing alloc ated to Re g ion III.
Questio ns con cerning Emergency Medic al Services r h ould be directed to Mr. Sovern.
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COUNCIL MINUTES
July 20, 1977
Page eight
Adjournment
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There being no further business, the meeting adjourned at 9:00 p.m.
ATTEST:
Robert D. Farley
Executive Director
Don DeDecker, Chairman
Denver Regional Council of Governments
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MINUTES
BOARD OF CAREER SERVICE COMMISSIONER S
THURSDAY , JULY 21 , 1977
PRESENT :
ABSENT :
OT HERS PRESENT:
Judith B. Henning , JoEllen Turner, Robert
Brundage and Ed White
William Hanson
Hugh Brown , Le i oma Koestner , Kathy Bueno ,
Isadore Bueno , Frank Dobbins , Attorney John
Criswell , Francella Montoya , Karen Brantley ,
Steve Brantley , Barbara Penney , Debbie Utley ,
and Robert Penney .
* * * *
Comm issioner Henning called the meeting to order . She asked i f the r e
were any additions or corrections to the Minutes o f the June 1 6 , 1977
meeting .
COMMISS IONER BRUNDAGE MOVED AND COMMISSIONER TURNER SECOND ED TO ACCEP T
THE MINUTES AS MAILED WITH THE FOLLOWING CORRECTION: ON PAGE 4 , PARA -
GRAPH 5 THE LAST SENTENCE SHOULD READ "DISCUSSING VERTICAL PROMOTIONS "
INSTEAD OF "DISCUSSING LATERAL PROMOTIONS '.'
Th e motion carried .
Ayes: Henning , Turner , Brundage , White
Nays: None
* * * *
Discus sion followed on the letter from John Criswell regarding the
status of Francella Montoya .
Mr . Brundage asked if Mr . Brown had talked to Mr . Bera-rdini regarding
th is matter . Mr . Brown indicated that it was Mr. Beradini 's feeling
that we have complied with the City Code and personnel policies .
Commissioner Turner stated that the question of part-time persons
being under the Ca reer Service Board as far as what is stated in the
Cod e , brings questions in her mind .
Attorney John Criswell, summarized the series of events and referred
to 5 -1 -1 of the Code . He questioned the basis of the part -time
employee as referred to in the Ordinances , stating that no where
could he find that it stated that part-time persons were not covered
under Career Se rvice .
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Ca reer Serv ice Board Minutes
July 21 , 1977
Page 2
The Board reques ted a legal opinion from the City Att o rney, Be rn ard
Berardini a s to what employees are covered under the rules and
re g ulation s governing Career Service .
Mr . Criswell requested a statement of charges as to why Ms . Montoya
was terminated . It was suggested that at the next regular meetin g
Mr . Berardini, would present his legal opinion concerning which
employees are covered under the Career Service System . If the Board
concluded that Ms . Montoya was not covered under Career Service , the
matter would be dropped . If Ms. Montoya was covered under Career
Service , the matter of Ms. Montoya 's termination would be heard at
the next regular meeting .
In order to comply with this , the Board requested that Mr . Brown send
Mr . Criswell a statement of charges against Ms. Montoya before the
next meeting .
COMMISSIONER BRUNDAGE MOVED AN D COMMISSIONER TURNER SECONDED THAT WE
HAVE A HEARING AT THE NEXT REGULAR MEETING OF AUGUST 18 , 1977 ON TH E
QUESTION OF MISS MONTOYA 'S TERMINATION AND STATUS . PRIOR TO THAT
TIME WE REQUEST A OPINION FROM T~E CITY ATTORNEY ON WHAT EMPLOYEES
ARE COVERED UNDER THE CAREER SERVICE BOARD AN D WHAT EMPLOYEES ARE NOT ,
TOGETHER WITH THE OR DINANCE NUMBERS .
The motion carried.
Ayes : Henning , Turner , BrunJage and White
Nays : No ne
* * * *
Isadore Bueno , city employee and hus b and of Kathy Bueno , indicated to
the Board that the City 's maternity leave policy does not coincide with
the EEOC regulations governing maternity leave and asked that the Board
review the policy . He stated that his wife , Kathy Bueno, was not
appealing the maternity leave policy for herself necessarily, but for
all women employed by the City who would be facing maternity leave.
COMMISSIONER TUffi~ER MOVED AND COMMISSIONER WHITE SECONDED THAT THE MATTER
ON THE MATERNITY LEAVE POLICY IS NOT A GRIEVABLE MATTER UNDER THE JURIS-
DICTION OF THE CAREER SERVICE BOARD , AS THE POLICY IS PART OF THE CITY
CODE AND SET BY ORDINANCES.
The motion carried .
Ayes: Hennin g , Turner , Brundage and White
Nays: None
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Ca ree r Ser vi ce Board Minut es
July 21 , 1977
Page 3
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Le ioma Koestner , President of the Employee's Assoc iation , discussed
her letter to the Career Service Board regarding vertical promotions
and the Association 's desire to retain the present policy .
Frank Dobbins requested the Board review the test ing procedure used
for the Junior Accountant position, claiming the use of the same
examination twice was unfair to some applicants.
The Career Service Board cited Section 5-3-4 of the Code which
pro vides applicants a ten-day period to appeal test results and
p rocedures. As the test results were posted June 20, 1977 and
Mr . Dobbins did not initiate his appeal until July 21 , the Board
ruled that it could no longer hear the appeal . It did feel , however,
that if~~. Dobbins insisted, he could file a grievance under the
City's grievance procedure.
I I I I
The Board discussed the conflicts that develop with the Employee
Relations Director and Secretary serving b oth the Career Service Board
and the City Manager . There is some question as to the ability of th e
Directo r to maintain neutrality before the Board in policy or employe e
dispute s.
Chai rperson Henning suggested the Board review this further , includin g
a discussion with City Manager , Andy Mccown .
* * * *
CO MMISSIONER BRUNDAGE MOVED AND COMMISSIONER WHITE SECONDED THAT THE
FOLLOWING ELIGIBILITY LISTS BE APPROVED:
The mot ion carried.
1. Building Inspect or (Rehab ilitat ion Tec hnician)
2 . Maintenanceworker (Streets)
3. Maintenanceworker (Traffic)
4 . Inspector/Troubleshooter (Utilities)
5. Jr. Accountant (Finance)
Ayes:
Nays:
Henning , Turner , Brundage and White
None
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Ca ree r Servi c e Bo ard Minute s
Ju l y 2 1 , 1 977
Page 4
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COMMISSIONER TURNER MOVED AND COMMISSIONER WHITE SECONDED THAT THE
FOLLOWING POSITIONS BE DECLARED VACANT:
Th e motion carried .
1. Maintenanceworker (Parks)
2 . Apprentice Plant Operator (Wastewater)
3. Code Enforcement Officer (Building)
4. Intermediate Clerk Typist (Building)
Ayes: Henning, Turner , Brundage and White
Nays : None
* * * *
CO MMISSIO NER BRUNDAGE MOVED AND COMMISSIO i>JER TURNER SECO NDED TO
APPR OVE TH E FOLLOWING PERSONNEL ACTIONS WITH THE EXCEPTION OF THE
Ai~N IVER SARY I CREASE OF GEORGE EGRI WHICH WILL BE CONSIDERED AT THE
NEXT MEETi i G.
The mo tion carried .
ANNIVERSARY INCREASES
Karen Kelley
Craig F. Siegel
Roo ald D. Fo ster
Ellis Sl ater
Corrine Laufert
Janes Libberton
Jarres Hoffbauer
George Egri
Ayes: Henning, Turner, Brundage, White
ays: None
Library -8A to 8B (Children's Librarian)
Effective 8/1/77
Streets -2C to 2D (Ma.intenanceworker)
Effective 7 /1/77
Streets -2A to 2B (M3.intenanceworker)
Effective 7/16/77
Streets -2C to 2D (Ma.intenanceworker)
Effective 8/1/77
Library -2B to 2C (Library Aide)
Effective 6/16/77
Code Enforcerrent -9B to 9C (Environrrental
Specialist)-Effective 6/1/77
Parks -2C to 2D (Ma.intenanceworker)
Effective 6/1/77
Police -Officer 3rd Class to 2nd Class
Effective 6/1/77
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Ca reer Service Board Mi nut es
Ju ly 21 , 1977
Page 5
NEW EMPIDYEES
John E. Fisher
Ben jamin Zwibecker
ffiSIGNATIONS
Jczy Babb
Dan Houston
Edward Leone
Charles Johnson
flbnte Edwardson
William Christian
Larry S1npson
PROMJTIONS
lbnald L. Cunming;5
Patrice Patrone
lbbert E. Shank
'IEMPORARY POSITIONS
Ke ith Lockwood
03.vid F . Barasel
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Utilities -Wastewater (Chief Operator -7A)
Effective 7/1/77
Utilities (Inspector TroUbleshooter 2A)
Effective 7/1/77
Utilities -Wastewat e r (Apprentice Opera tor)
Effective 7/5/77
Finance -Acc ounting (Conputer Ope rator)
Effective 7/8/77
Code Enforcerrent (Building Inspector)
Effective 7/29/77
Parks (Maintenanceworker)
Effective 6/21/77
Utilities -Wastewater (Chief Mechanic)
Effective 6/14/77
Utilities -Wastewater (Apprentice Plant Operator )
Effective 6/5/77
Police -(Offi cer 1st Class)
Effective 7/4/77
Utilities -Wastewater
Electro/Mechanical Technician to Chief Mechanic
6A to 7A -Effe ctive 6/16/77
Police -Law Enforcerrent Aide to Errergen cy
Cornrunicator 3A to 4A
Effective 6/16/77
Utilities -Chemical Lab Technician
to Conputer Prograrmer Analyst 6C to 7C
Effective 5/16/77
Fire (Firefighter 1st Class to Acting D/0/E )
Effective 6/7/77
Utilities -Wastewater (Apprentice Operator
to "Acting'' Water Plant Operat or
Effective 4/15/77
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Ca reer Service Board Minutes
July 21 , 1977
Page 6
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COMMISSIO ER WHITE MOVED Aim COMMISSIONER BRUNDAGE SECONDED THE
APPRO VA L OF THE FOLLOWING PERSONNEL ACTIONS WITH THE EXCEPTI ON OF
THE PERSONNEL ACTIO PLACING MAR GARET GRIER FROM TEMPOR ARY TO
PROBATIONARY STATUS IN THE POSITION IN THE POSITION OF J UNIOR ACCO UNTAN T .
Ayes :
ays: Turn er , Brundage , White
Henning
The motion carri ed .
Commissioner Br unda ge stat ed that the transfer was not approved
due t o the que sti ons about the testin g procedure raised by Mr. Dob bins.
POOBATICNARY TO PERMANENI' STAWS
Edw1n Barton , Jr . Parks & Recreation -Maintenanceworker
2A to 28 -Effe ctive 8/16/77
POOBATIONARY TO PERMANENT STATUS IEHED
Dan Ho us ton Finance -Corrputer operator
Effective 5/22/77 (2-month extension recorrrne nded)
'IEMPORARY TO NEW POOBATICNARY EMPLOYEE
Jl'argaret Grier
DISABIUTY RETIREMENT
Ronald E. Peters
PR)GffiSS REPORTS :
Raym:md Sc hneider
John D. Curtice
William McCormick
Violet Gardner
Arlene R. Smith
Gerald Milner
Finance -Jr. Accountant 5A
Effective 5/9/77
Police -Officer 1st Class
Effe ctive 6/21/77
Fire
Utilities
Utilities
Parks and Recreation
Library
Street
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Career Servi ce Bo ard Min u t e s
J ly 21 , 19 77
Page 7
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* * * *
Th ere being no further business ....
COM MI SSIONER BRUNDAGE MOVED AND COMMISSIONER WHITE SECONDED THAT THE
ME ETI NG BE ADJOURNED .
Th e mo tio n carried .
Ayes : Hen nin g , Turner , Brundage , Wh i te
Nays : None
* * • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Re sp ectfully submitted ,
Karen M. Vandapool , Recordin g Secretary
CAREER SERVICE BOARD
rlY~~~~~~~~~~~~~~~~~-Judith B . Henning , Cha irperson
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l:. GLEWOO D PA RKS & REC RE AT l O COMM l SlO N
Minutes of Augu s t 11 , 1977
T he r egular monthly meeting of th e E nglewood Park s & Re cre ation Commissio n
wa s c alle d t o order by Ruth Alle n , chairman, at 7:30 p. m. in the Parks & Recreation
Offic e .
Members present: Mann, Poole, Howard, Alle n, Brown and Romans, ex officio
Members absent: Hewitt and Cush in g
Also present: Jerry Royther, As st . Director, Parks & Recreation
Gary Havener, As st. Director, Parks & Recre ation
The minutes of th e June 9, 1977 mee ting were approved on motion made by Poole
and s e conded by Howard . (no meeting in July)
The financ,ial reports for May, June and July 1977 were presented for information
and r e view. Mr. Royther said we are 5 8% through the year and it look s a s if the budge t
( balance will be very close at the e nd of th e year.
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Mr. Roman s reported that agreement had been reache d with Winslow on th e
a cqui s ition of th e ir property which is included in Pha s e ll of the River Re development
Prog r a m and we are now waiting for City Council to ·appro ve t he a g r eement and the trans-
fe r o f r e ve nue fund s to cover th e acquisition c os t.
Mr . Roman s reviewed the program for th e golf c our se dedication which will be
ugus t 13.
T he C ity Council approve d the oak -framed plaque s for the E l s ie Malley Centennial
Ce nt e r as r e comme nded by the Commission . T he s e have been ordered and the architect
r e ports that the plaques s hould be ready for the opening of th e Center.
The issue o f permitting beer consumption in the city parks has been tabled in-
definite ly by the City C ouncil.
Lette r s we r e mailed to each contributor to the Elsie Malley Centennial Center
asking them for th e e xact wording th e y wished to have on the plaque and als o asked if
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Parks e ' Hc creation Commission
,\1inute of August 11, 197
Page -2-
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th ey would like t o comple te their pledge so the plaque could be made before the opening.
fhe quest ion as to whe t her or not the total pledge should be comple ted hefore the plaque
i s made was discussed . Howard moved, Poole seconded, that at lea st J 56. 00 of t he pledge
be paid befor e t he p l aque is made . Mo t ion c arried .
Mr. Royther reported that bids were recei ved for partial fu r nishing of th.: l:l ilc
Malley Ce nte r and t hey were within th e budge t ed figure. These wi ll be presented to
C ity Co uncil for t he ir approval at the next Council meeting . This bi d does not include
s uch fur ni shi ngs as audio eq uipme nt , kitchen and food service, e tc.
The c on s truction of a ba t h ho use a t Sinclair Pool was again d i s cu ssed. Mr. Romans
again s tated that t he s chool official s and th e de partme nt a r e ver y a nxiou s t o have t his
facilit y cons tructed so that th e deve lo pm e nt of the Sinclair area can be completed and thu s
remove t he un s ig htly are a. Al s o , the c o ns truction of t he ba t hhouse wou ld eliminate the
use of th e school re s troom s which are inadequate and ha s prese nt ed a pr ob lem for bo t h
the c ity a nd chool. School officials are looki ng at the bu dge t ro see if some financ ia l
he l p could be offe red for this proje ct . The Commission feel s t he f irs t s t ep i s t o get a n
up-to -d ate site plan a nd cos t es timate s and Po ole moved , Howard s ec o nded, t hat r e com-
mendation be made t o C it ou ncil t o appropriate a s u m no t t o e xceed $1, 500 t o obtain a
prelimi nary s ite pla n a nd cost est imates for the bathhouse a t incla ir Sw im Pool. ,\'1ot 10n
carried .
The fas t-g r owi ng s kate bo a r d s port was d i s cu ssed and Mr. Ro yth e r sa id t h
departme nt has had some r e quest s for thi s t ype of facility . I-l e s t a ted that eve n t hough
it i s a very po pul a r sport now t here i s no way t o d e t e rmine j u s t how long it will r emain
so and t hese facilities a r e ve r y cos tly . T he Comm ission asked that more informatio n
regard ing c o s t s , location , e tc . be pre pare d for t he ne xt mee ting .
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Minutes of Augu s t 11 , 1977
Page -3-
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In answer to a question from the Commission concerning the inadequate service
from the concession stands this summer, Mr. Romans reported that Manley, Inc. has
operated the three stands but not very satisfactorily. He will contact Manley to see if
the service can be improved.
As requested by the City Manager, a letter was addressed to him giving the
cost of a guard fence between the two ball fields at Miller Field. The cost of this fenc e
is $14,000.
Mr. Mann reported that City Council has challenged Channel 9 softball team to
a benefit game on September 17. This money will be used for Simon Center furnishings.
Mr. Mann asked if the department had thought of using the basement of the Simon
Center for recreation programs and/or facilities. Mr. Royther said that this space could
( be a great asset to the recreation program but the rooms would need heat , ceilings, floor
and wall finish. Howard moved, Poole seconded, that the staff look into the possible uses
of this area for recreation activities and report back to the Commission. Motion carried.
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Linda Kotowski will be leaving the department to accept the position of Assistant
Professor at University of Northern Colorado. The Commission recommended that a letter
of commendation be presented to Linda from the Commission.
It wa s r ecommended that the next Commission meeting (September 9) start at
5:00 p. m. with a tour of the park areas and that City Council members be invited to join
the m. Mr. Romans s aid he would present this idea to the City Manager to see if it could
be arranged.
The meeting adjourfted at 9:15 p. m.
~ ~· ,;,,(' ,a('° -1f·y._4 .. ,r-,,::v
EithCn"omans, cording secretary
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MEMOR ANDUM T O TH E ENG L EWOOD CITY COUNCIL RE GARDlNG RECOM ME NDATION
O F TH E PARKS & R EC RE AT ION COM MIS SION
DATE: Augu s t 11, 1977
SU BJECT : SIN CL AIR POOL BATHHO USE
RE COMME NDATION:
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Th a t th e E ng le wocxl City Counc il appropriate a s um no t
t o e xc eed $1, 5 00 to o btain a pre liminary site plan a nd
c ost e s timates for a bathhou se at Si ncl a ir Swim Pool.
By order of t he E ng lewood Parks &
Recre ation Co mmission
~/~,-/
Recording Secretary
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M EMORANDUM TO THE ENGLEWOOD ClTY COUN lL REGARDING RECO M M E ND ATlO
OF THE PARKS & RECR ATlON COMM ISSION
DATE : August 11 , 1977
SU BJECT: SINCLAIR POOL BA TH HOUSE
RECOMMENDATION:
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That the Eng lew ocx:I City Council a ppr opriate a s u m no t
to e xceed $1, 5 00 to o btain a preli minary s ite pl an a nd
cos t estimates for a bathhou se a t Si ncla ir Swim Poo l.
By order o f the E ng lewocx:I Parks &
Recre ation Commis s ion
~L~~ Re cording Secretary
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En g l ewo od Water and Sewer Board
Regu lar Meeting
Au gust 23 , 1977
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4.,.
The meeting was call e d t o ord er at 5:35 pm by Chairman Schnackenberg.
Members present:
Members absent:
Also present:
Sovern, Gibson, Taylor, Schnackenb e rg, Best.
Ullery, Mann.
Dallas R. Stephens, Utilities Administrative Asst.
I. SUPPLEMENT #9 TO GREENBELT SANITATION DIS TRI CT
Th is supplement had already been approved by City Council upon requ e st
of the applicant.
Mr. Best moved;
Mr. Sovern seconded: That the Board ac knowl e dg e City Council's
approval of Supplement #9 to Greenbelt
Sanitation District.
The motion passed unan imously.
II. APPOINTMENT OF A BOARD MEMBER TO A REVIEW BOARD TO SELECT AN y
ENGINE ER FOR TH E WAT ER CAPITAL IMPROVEMENT PROGRAM
Mr. Stephen s informed the Board that the select i on process for the
des i gn engineer ~o uld i nvolve screen i ng ap~l i cations and participating
in oral inte rv iews.
Mr. Taylor moved;
Mr. Bes t seconded: That Thomas Gibson be chosen to represent
the Water Board on the r evi ew board to
select a desi gn engineer f or the Capital
Improvement Program.
The mot ion passed un an imo usly.
III. REPORT ABOUT SOME POTENTIAL WATER SALES TO GATES RUBBER COMPANY
Mr. Stephens in formed th e Board that Gates Rubber Company i s i nterested
i n buy i ng up to 3000 acre feet/year to supply a development on the
Southwest and North sides of McLellan reservoir. The water would be
treated by a water treatment plant wh i ch they plan to build on the
North side of the reservoir. They eventually expect to use the water
for 3000 resident i al units, with some industrial appl i cations over
near the ex is t i ng Ga tes plant.
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lll. (Cont.)
Mr. Schnackenberg state d f or the record that he would abstain fr om
any voting sin ce he is a ffi l ia t ed wi th Cates Rubb e r Company.
Any water sold to Cates for th is would be charg ed @ $120/acre foot.
The Board asked Mr. Stephens to tell Cates that they a re i nterested
i n talking a bout water sal es but aren't ready to make a cormt i ttment.
IV. OTHER CORRESPONDENCE ABOUT WATER SALES
Mr. Ste phen s read the Board a letter from Zo r ich -Erker Eng i ne e r i ng ,
our special counsel on water sales, indicati ng that seve ral parties
are i nterested i n water pruchas es , among th m Pu blic Service Company,
Willows Water Dis tr ic t and Columb i n e Country Club.
Mr. Mann arr ived at 5 :55 pm .
V. REPLACEMENT FOR HAROLD BABCOCK
Util i ties staff has r e ce i ved informat i on that Mr. Babc ock's health
won't allow him to cont i nu e h is service on the Board.
Mr. Sovern moved;
Mr. Taylor seconde d: That Harold Babcock's pos i tion on the
Water Board be decla r e d vacant.
The motion carr i ed unan imo usly.
VI. Other Items
Mr. S tephens informed the Board that the De partment has rece i v e d f rom
Holland &. Hart, attorneys for the Valley I-l ater Distr i ct, a propos e d
agreement for the disolut i on o f said district. Discussion ensued
about what would be beneficial to the City's i nterests in this matter.
The Board directed the secretary to extend their best wishes to Mr.
Bradshaw, Acting Ut i lit ies Director, for a spe e dy recovery from h is current illness.
The meeting adjourned at 6 :1 0 pm .
Respectfully subm itted ,
Recording Secretary
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DATE:
SUBJECT:
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:.tEMORANDlP.1 TO TH E EN GLE;WOD CITY COU NC IL RE GARD l NG ACTION
OR RECOMMEN DATION OF TH E ENGL EWOOD WATER AND SEWER BOARD
August 23, 1977
SUPPLEMENT #9 TO GREENBELT SANITATION DISTRICT
RECOMMENDATION: That the Board acknowledge City Counc i l's approval
of Supplement #9 to Gr eenbelt Sanitat i on District.
Respectfully submitted,
EN GL E\./OOD WATER AND SEWE R BOARD
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By: . ~
We rner Schnackenbe rg-Chairman
Attachment fl
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DATE:
SUBJECT:
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Mr.Mo r \NDl "l TO THE F.iGL E 'OflD CITY COut,CIL .I.C!\l:DlNG •CT I r"
0' RECOM:1'.:tlnATION C, TH :': EN GLEWO OD WAH:: A'.D '.>E'~ER i3 0Af\D
August 23 , 1977
APPOHIT:-:=:NT OF A !10 AR D NEM RF.I{ T fl A R•.vn:,~ BOA RD 'l'O
'Cf ' •'.T .,r; ""CTNEEP F(I,' TH F. \•A.TE I' C~PITAL IMPROVE II ENT
PROCi{AM
ilECOM!-:E NDATH''-1 : That Tho•a s Gi~son he c~oseo to r ep r es ent th e l~ter
lloard on .th e r e vi e11 hoard to se l e c t a d esign ene,i ne er
fo r the Capit~l I ~p r ovemcnt Pro &rnm.
"esriec tfully s ubrii ttcc,
F.NG LE\:OOD l.'AT i:,: AND SE HC:R BC'ARD
nv: O(
' i"7e~Sc:hnac kenberg-Chalrma~
Atl a chmr nt .c 2
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SUBJECT:
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:-lEMORA! DU ~: TO rHE ENGLE\WOD CITY CO UNCI L RE GARDIN G ACTi otl
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWE R BOARD
August 23, 1977
REPLACEMENT FOR HAROLD BABCOCK
RECOMMENDATION: That Harold Babcock's position on the Water Board
be declared vacant.
Respectfully submitted,
ENGLiWOOD WATER AND SEWER BOARD
By: ~
We rner Schnackenberg-Chairman[)
Attachment f!3 I • •
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR
RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION.
DATE: August 16, 1977
SUBJECT: Amendments to the Comprehensive Zoning Ordinance
RECOMMENDATION:
Tanguma moved:
Owens seconded: The Planning Commission recommend to City
Council the approval of the following amend-
ments to the Comprehensive Zoning Ordinance:
§22.4-13b(l) Manufacturing, Processing and/or Fabrication:
'ffte Manufacturing, processing and/or fabrication
as enumerated and limited herein, ef ftfif eel!llftedity
except the following:
METAL SHREDDING, AUTO SHREDDING AND SIMILAR
OPERATIONS (insert in alphabetical order following
"Metals, ingots, pigs, sheets, or bars, manufacture).
§22.4-14b(2) Manufacturing, processing, and/or fabrication:
§22.8
The manufacturing, processing, and/or fabrication
of any commodity, except the basic manufacture and
processing of animal by-products or any organic
type fertilizer; AND ANY METAL SHREDDING OR AUTO
SHREDDING OPERATION, OR SIMILAR USE.
Definitions. To be amended by adding thereto, in
alphabetical sequence, METAL SHREDDER, AUTO SHREDDER,
AND SIMILAR SHREDDING OPERATIONS. THE PROCESS IN-
VOLVING THE DESTRUCTION, DISINTEGRATION, OR TRANS-
FORMATION INTO RAW MATERIALS OF PREVIOUSLY MANUFACTURED
METAL PRODUCTS OR METAL ITEMS WHICH HAVE BECOME
WORN OUT, INOPERABLE AND USELESS SCRAP GOODS. SUCH
SIMILAR OPERATIONS SHALL BE THOSE THAT CREATE A
PHYSICAL HAZARD TO PERSONS OR PROPERTY BEYOND THE
PROPERTY LINE OF THE PREMISES IN QUESTION, BY THE
EMISSION OF EXCESSIVE SOUND, VIBRATION, HEAT, GLARE,
DUST AND FUMES OF A DEGREE AND TYPE NORMALLY ASSOCIATED
WITH AUTO SHREDDER OR SCRAP METAL SHREDDER OPERATIONS.
AYES: Lathrop, Owens, Parker, Pierson, Smith, Tanguma, Wade
NAYS: Nrne
ABSENT: Williams
The motion carried.
By order of the City Planning
and Zoning Commission.
~ertrude G.tJl(e ty
Recording Secretary
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MEMORANDUM
TO: Andy Mccown, City Manager
FROM : Richard Wan ush , Director of Co mmu nity Development
DATE: August 31, 1977
SUBJECT: Encroachment Agreement:Englewood Elks Lodge #2122
BACK GROUND
After having tried unsuccessfully for a number o f years
to f ind the alternate locat i on f or a new lodge hall on a
larger site, the members of the Englewood E lks Club have
deci ded to remodel the exist ing building at 3690 South Jason
Street. The present lodge hall was constructed in 1964 and
a small addition was a dd ed in 1970 . The membership has
outg rown the present building and , be cause the site is fairly
s mall, any addition to the building creates special problems .
On Novem ber 10, 1 976, the Board of Adjustment and Appeals
gr anted a var iance t o the Lodge to const r uc t a second f loor
on the present building, This addition was not made and the
me mbers have now decide d t hat t he addition will b e made at
g rou nd level on land now us e d for parking, Wi th t he a dd ition,
the amount o f requ ired parking has increased, however, t her e
is not sufficient addition al land availabl e to provide a ll of
th e require d parking and t he Lodge will be short 15 parking spaces.
This matter went to the Board of Ad justment and Appeals,
an d at the February 9, 1977 meeting, the Board granted a
varia nce to the Elks Lodge to construct th e proposed addition
on the parking area and to have less than the required p ark ing,
S D .
As a point of information, the Plannin Commission a pproved
a request in 1970 for the Elks to have joint us e of fhe
parking area at 3701 South Jason Street in order to supplement
their parking requirements.
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REQUEST
With the addition to the Elks Lodge, the old marquee
will be removed and will be replaced with one of a new design
which will not only protect the entrance, but will add design
qua lity to the building. The exist ing marquee encroaches into
the right-of-way for South Jason Street and the new marquee
will also encroach six (6) feet into the South Jason Street
r ight-of-way . It is the encroachmen t which is sought at
t his time.
South Jason Street was improved in Paving Dis trict No. 17
of 1968 and there are no plans to widen it further . As you
know, it does not extend south o f We st Ox f ord Avenue and at its
intersection with U.S. 285, turning movement mus t be restricted
beca use of its proximity t o the Sante Fe underpass. There
would appear, then, to be no problem with the requested
e ncroachment.
This matter has been referred to the Direc tor of
Engineering Services and he has no objection to the
encroachment.
md /DAR /RW
cc: Kells Waggoner, Director of Public Works
Gary Diede, Director of Engineering Services
Gary Pittman, Chief Building Inspecto
Enclosures
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Architects
lt1E fR O NlENAC 8U1LD1NG Of lA~IMER SOUAR f
SUI If JII • 4)) lA llMEI • OENVl:N.. COl~AD0 &0101 New address:
W ,UI AM !, SAYRE Al ...
•O• ,osve ~EG.t.l •1•
E nalewood C ity Counci l
c/o Dorothy Romans
':C:nqlew o od C ity Hall
3 400 So . E lati S t .
f-~n alew ood C O 80 110
Dea r Mrs . Romans ,
JO) )71 0789 27 40 E . Va5sa r Av • Den .
802 10
Subjec t : E lks Lod9e Marquee
For Citv Council A r,prov al
E ncl osed please find A r chite ct's draw i n as d e scrib inq the marquee pl anned
fo r the Addition and R e mode linq of E l ks Lodge 2 1 22 , 3690 So . Jason S t .,
E nglewood . Construction meets bui l dino code requi r eme nts for constructi on
and ma terial s. The marquee r eplaces an ex i s tinq marquee of different con-
fo r mat ion . It is r equi r ed t o protect the ent r ancGs a nd add desi9n quality.
An exist in<1 p lante r e n c roaching 4' into the rioht o f w ay is to be maintained and
wa s app r oved w hen constr ucted. The new marquee enc roa ches 6 1 into the
R .O.W. a does t h e o ld ma r quee .
U.B . C. reference: 4 1 4 and 4505 . also all sections pertaining to building
ty pe and occu pancy.
Thank the counci l fo r t heir considera t ion .
Ve cy t ru\~ y~
@/~Sayre, ~
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M E M O R A N D U M ----------
TO: Andy Mccown
FR OM : Richard Wanush
DATE: August 31, 1977
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SUBJECT: Encroachment Agreement: 2791 South Ogden Street
Mrs. Edna Tourtelot, the owner of the prop rty at
2791 South Ogden Street, has requested approv al of an
encroachment into the right-of-way of East Amherst Avenue
in order that she can install a wooden post and horizontal
rai l fence on the south side of her home.
When Mrs . Tourtelot and her fami ly purchased this
property in 1959, there was a chain link fence on the
west 30 feet of the south side of the yard which
encroached 7 1 /2+ feet into the right-of-way. This chain
link fence is still in place and the proposed wooden
fence would be in alignment with it.
The fe nce Mrs. Tourtelot proposes to build is the
same type that her neighbor has installed on the south
s id of East Am h erst Avenue. She has chosen to duplicate
this type of fence, because she feels it will be more
attractive to persons in the neighborhood if the fences
are alik e . The proposed fe nce will extend to within
approximately 34 feet of the front property line, again,
Mrs . Tourtelot chooses to conform with the s tback of
other fences in the area . A sketch of the location of
the proposed fe n ce is attached.
East Amherst Avenue deadends to the west of the
Tourtelot property because of th City Ditch. South
Emerson Street also deadends south of East Amherst Avenue,
so the effect between South Ogden Street and South Clarkso n
Str eet and East Bates Avenue and East Yale Avenue, is one
of a very secluded area . Because of the Ditch, it is
unlikely that Amherst will ever be opened up and improved
between Ogden and Clarkson ; indeed the people in this
area would undoubt e dly oppose any effort to do so. This
section of Amherst is not essential to the traffic circulatory
system in that area. The location of the proposed fence will
not interfere with any of the utilities which are installed
in this right-of-way.
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This matter has been referred to the Director of
Engineer i n g Services and he has no objection to this
e ncro achment.
md/DAR /RW
cc: Ke l ls Wag g oner , Director of Pu b lic Works
Gary Diede, Director of Engineering Services
Gary Pittman, Chief Building Inspector
Enclosures
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Li ,-.i~ F'=.t,JG.g
f rzo p.o~o
Fe.Jc.,e.
( 'f~" //IGH IN
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HIG 11 o.i 1?,E/1 1{,
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Fµcrzo~ct1MEWf ~Er<S;>UE;1cp::o c,~ -:5HoWI-..I
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City of Englewood
Plan,ning Office
3400 South Elati
Dear Ms , Roman s,
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2791 South Os den
Engle woo d, Colo rado
August 23, 1977
I wish to construc t a fence to complet e the e n-
closure of the back yard of my hom e, It would be de -
sirable to continue the so uths1~e fence in line with
a par tial fen c e th.i. 't was on the property whe n my fami-
ly move d here in 1959, Ho we ver , to do so would mea m
an encroacbnent o n ci'ty property, I wo uld appreciate
consideratio n of toe matter a n d, hopefully, permis-
sion to proceed. Attached is a sketch showing 'the .line
wher e I hope to build tne fence ,
Sincerely ,
~~ ,~s. ~ ... a A, Tourtelot
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M E M O R A N D U M
TO : Englewood City Council
FROM: Thomas J . Burns, Chairman, Englewood Housin g Authority~
DATE: August 31, 1977
SUBJECT: Housing Rehabilitation Loan Committee
As per the attached bylaws of the proposed Housing
Rehabilitation Committee of the Englewood Housing Authority,
t he membership of the committee should be composed as
f ollows:
3.0 Membership .
The Committee shall be composed of three members, chosen
by the Authority as follows:
3.1 A member of the Authority.
3.2 A representative o f the lending institu tions which
participa te in the program, nominated by the lead bank .
3.3 A re presentative o f the City of Englewood nominated by
City Council .
3.4 If the nominee of the City or the nominee of the lending
institutions is unacceptable to the Authority, it shall
ask for another nominee .
In view of the above , it would now seem appropriate for
the Englewood Housing Authority to request that City Counci l
consi d er a nominee to represe nt the city on the Committee.
Th e nominee need not be a member of City Council.
Also, as noted in the bylaws , th e Loan Committee will
me e t once every month. The r efore, whoever represents the
Bank will be called upon t o meet at leas t once a mon th .
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ENGLEWOOD JIOUS I NG A UTJIORl TY
HOUSIN G REllABJLI'fATION COMM ·ITT E E BYLAW S
Establi shme nt.
There is hereby es tabli s hed the Housing Re hab i litation
Comm ittee of the Engl e wo od Housing Authority.
2.0 Pur os e.
The purpos e of this Committee sha ll be:
2.1 To provide general d irect ion and ad vice to Hou si ng
Authority staff in the administration of the Hous i ng
Reha bilitation Program.
2.2 To review and approve, d e ny or approve with conditions,
property rehabilitation loan applications.
3.0 Membership.
The Committ ee s hall be composed of three member s, chosen
by: the Authority as follows:
3.1 A member of the Authority.
3.2 A r e pres ent ative of the lending institutions which parti-
cipate in the program, nominated by the l e ad bank.
3.3 A representative of the City of Englewood n o minated by
City Council.
3.4 If the nominee of the City or. the nominee of the l ending
i n s titutions is unacceptable to the Authority, it s hall
ask for another nominee. •
4.0 Offic er s, Qu orum, Rules.
4.1 A Chairpers on a nd such other officers and committees as
ma y be n ecessa ry or desirable shall be appointed by the
Authority a nd serve at its pl eas ure.
4.2 To cons titute a quorum for the transaction of business
there mus t be a t l eas t two members prese nt.
4.3 The rules contained in Roberts Rules of Order, Revi sed,
s hall govern the· Committ e e in all cases in which they
are applicable, and in which they are not inconsistent
with the Bylaws of the Committee as h e rei n stated.
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Englewood Hou s ing Author i ty
llou sjng neh a bilitation Co mmitt e e Byl aw s -2 •
5.0 Meetings.
6.0
7.0
The regular meetings of the Conun i ttee shall be held on
the third Thursd a y · of each mo nth at 3 :00
o'clock p.m. in a building own e d by the City o ~f ~E~n-g~l~e-,-vo~o d.
Special meetings may be held a s r equired. All me et ing s
shall be open to the public, e xcept that the Co mmitt e e~
by majority consent, may go into executive session for
consideration of appli catio ns for loans and related
material. No action con ce rning any aspect of s uch
applications shalkbe taken, however, except at a meeting
open to the public, as provided by law. The time, date
and place of meetings open to the public shall be notice d
ten days in advance by publication in a n e ws pape r of
general circulation, and, in addition, applicants shall
be notified of the meeting at which their appl ic ation
will be acted upon.
Action on Loan Applications.
All applications for loans and related material r,ece iv e d
by the Committee'shall be considered and treate d as
confidential information, as provided by law. No action
shall be taken unless it is consistent with the Housing
Rehabilitation Program Policies as adopted from time to
time by the Authority, Approval of applications shall
be by majority vote of the entire committee. In-the case
of any approval with conditions or denial of an applica-
tion, the vote and reasons for such conditions or d e nial
shall be communicated to the ,applicant in writing.
Amendment.
Tilese Bylaws may be amended at any
the Authority by a vote of members
Am endm ent is s ubmitted in writing.
effective upon approval.
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regular meeting of
present, provided the
Ame ndm ents become
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MORE THAN A
PLACE TO LIVE
Most of us feel a specia l attac hment to
our ho me s because th is private and personal
place is the setting for many memorable
moments in our lives . In add iti o n to these
emotional val ues, our homes have financial
value. In fact, if you are like most people ,
you r home and property are the larges t a nd
most impo rtant in ves tment you ha ve .
Most homes in the Den ver metropo litan
area appreciate in va lu e at a hi g her rate
than the interest rate of m ost savings
accounts. With the current inflation rate,
home o wnershi p is a good way to keep
up with the rising cost of living . Merely
owning a home, however, is not enough .
Homes apprecia te in value at varying rates,
dependi ng on the condition of the home,
the quality of the neighborhood and the
size of the home.
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GOOD CARE MAKES SENSE
The wise ho meowner protect s this sizeab le
investment by taking good ca re of the
house, correcting small defects before they
require extensive repairs a nd replacing
major items when necessary. In add iti on
to making your h o me m o re pleasant, ho me
improvements can add to the resale value.
The South Suburban Board of Rea ltors
reports that buyers are beginning to ask
homeo wners abo ut the utility b ill s, indica -
ting that insulation and other energy con-
servation meas ures can have lo ng-range as
well as immediate benefits .
The decision t o impro ve your home can
have a positive effect on your neighbors.
And if everyone on the block pull s to-
ge ther to make the neighborhood an
attractive pl ace, the va lue of each ho me
will be grea tl y enhanced. In addition to
the financial rewards, the e ffort can bring
a feeling of pri de a nd community spirit
t o the nei gh borhood .
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LOW -COST LOANS
The Englewood Ho using Auth o ri ty is
offering low-interest loa ns of up to
$12,000 fo r ho me repa ir s in Englewood .
Loan appli ca ti o ns will be co nsidered
according to th e fo ll o win g priorities :
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(1) repairs to bring the ho me up to stan-
da rds in th e city code, (2) energy con-
serva ti on improvements , (3) repai r s of
defec t s th at could eventuall y beco me
code violations , and ( 4) improvements
th a t add to a home 's li vab ility, such as a
room addition or kitchen modernization .
The loa ns are avai lable to investors as well
as ho meowne rs. Loan a pplicants may
qualify under one of sev eral criteri a : in-
come , location of the hom e or age of the
applic ant. For more in vo rmatio n , call the
Eng lewood Housing A ut hority , 761 -1140,
Ext. 257, or stop by the Ho usin g Author-
ity Office on th e second floor of City Ha ll ,
3400 S. Elat i Sr., Englewood, CO 80110.
ortg • Loan Tranaactlon Statement
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ME MORANDUM
TO: Andy Mccown,
FROM: Richard S. Wanu s
Department o f Co
DATE: September 1, 1977
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SUBJECT: Housing Rehabilitation Loan Program
As you are aware, the Housing Authority has been negotiating
with several local banks to generate private money for home
rehabilitation loans. In addition, the City was invited to ap ply
for a $150,000 grant from the Department of Hous ing and Urban
Development, Both of these act i ons are nearing fruition and
the Housing Authority will shortly have approximat e ly
$630,000 available for loan purposes.
This source of this money is as fo llows:
City of Englewood
State of Colorado
Loan from banks
Department of Housing &
Urban Development
-$90,000
-$40,000
-$350,000
-$150,000
Because of these additional resources, the Housing Authority
is gearing up for a big push to generate public interest in
rehabilitating r esidential properties in the City of Englewood,
Furthermore, the Housing Authority intends t o make the loans
available to a wider v ar i ety of people and to attempt to
concentrate loans in speci fi c areas of the City . In order to
accomplish this, as well as to provide a security deposit for
the $3 50,000 line of credit from local banks, the July 19 , 1976
agreement b etwee n the Housing Authority and the City should
be ame nded .
This was brought to the attention of the City Council on
two separate occasio ns when the Housing Authority and Council
met to review the proposed loan policy revision , At that
time, the Housing Authorit y indicated to Council that, at a
later date, they would be asking Council to amend their
existing agreement. This present request by the Housing
Authority implements the items discussed in these meetings ,
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ENGLEWOO D HOUSING AUTJJORl'fY
HOUSING REHABILITATION PROGRAM POLI<;::IE S
1.0 Use and Pur pose.
Loans are made avail ab le for the purpose of permanent
i mpro v e ments, additions , or other housin g rehabilitation
a nd ma y only be u se d for:
1.1 Repairs and improvem ents to mee t C it y Code Standards.
1.2 Energy conservation improv e me nts.
1.3 Elimination of incipient v io lat i ons of the City Code.
1.4· Other improvements not related to the above.
2.0 Eligibility.
2.1 Eligible Borrowers.
persons who own the
wil} be made.
Loans shall be made only to natural
property on which the improvements
2.2 Eligible Pro pe rties. Loans s hall be made only for resi-
dential proper tie s containing four dwelling units o~ l e~s
located in the City of Englewood.
3.0 Prioriti e s.
3.1 General Prioritie s. To be ap proved, an application must
meet all other appl ica ble po lici e s and represent priority
points, compu ted as follows (income is c omputed by using
then-cu rre nt HUD guidelines):
3.1.l "Moderate Income" or below
3.1.2 Owner-occupied re side nce
3.1.3 Priority neighborhood
3.1.4 Compliance with Paragraph 8.0
be low
3.1.5
Points
See
APP ENDI X
"A"
3.2 Priority Nei g h b orhoods. Following are the initial priority
neigh borhoods:·
3.2.l
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I ' Eng lewoo d l!ou s i 1,0 J\.u thori ty (
Housing Reha bil i taUon Program Po l i cies -2 •
3,2,2
3.2.3
3,2.4
3.2.5
3.3 ~hronological Priorit.}'._. Upon rec ei pt of an applicat io n
eligible for a loan pursuant to S ec tion 3.1, the sta f f
shall notify the Committ e e and the Committee shall ea r-
mark (but not appropriate) funds in the amount applied
for until the application is a ct e d upon or withdrawn,
All such applications which have b ee n reviewed by the
staff prior to the first of each month shall be acted
upon at that month's meeting,
4.0 Priorities for Use of Loan Funds.
Within each application further priorities are hereby
identified to determine the amount of the loan usable
for each purpose: first priority -funds required to
bring property to City Code Standards; second priority -
funds for e nergy conservation improvements; third )
priority -funds to cure incipient violations of the
Code;· fourth priority -other improvements.
5,0 Loan Limits.
5,1 Monetary Loan Limits. The following monetary limits
will apply:
5,1,1 $12,000.00 per dwellin~ unit.
5,1,2 $40,000.00 per borrower.
5 ,2 Limits Based on Appraisal. Notwithstand i ng the above,
a loan secured by a first deed of trust shall not exceed
90% of the appraisal value of the property as determ ine d
by an independent fee appraiser. If the loan is secured
by a sec ond de e d of trust, the total of the first loan
~n d the property rehabilitation loan s hall not exceed 90~
of the appraised value of the property as determ i ned by
~n independ e nt fee appraiser.
6,0 Li ens.
Loans will be secu red by a first or second d ee d of trust;
no third liens will be approved.
7.0 Credit Factors •
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F.nr;lcwood llou l 1g Authority (
!l o u s ing Re hab i litat io n Proeram Polici e s -3.
7.1 Ability to Pay. All cre dit deci s ions shall 'be based only
on the applicant's ability to repay the loan. Action on
loans shall no t be ba s ed on, or influenced by, the race,
creed, color, national o rigi n, marital status, sex o r
age of the applicant. ·
7.2 Normal Rate Loans. The normal interest rate shall be
the Auth ority 's current borrowing rate for funds for
property rehabilitation purpo s es, plus the loan service
fee for the lo a n, plus ~ per ce nt.
7.3 Less than Normal Rate Lo ans . If the appli ca nt i s a "low
income" or "ve ry low in c ome" person pursuant to Section
3.1, an d the appli cation meets all other p olici e s, and
in the opinion of the Committ e e the applicant could re-
pay the loan applied for but not the loan and the normal
interest, the Committee may approve the loan at less than
the normal interes t rate. Such loan s hall not be finally
appro v e d, however, unl es s and until the Authority appro-
priates funds s ufficient to pay the difference betwe e n
the interest rate approved by the Committee and the
normal interest rate. ·
8.0
9.0
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Loans for Rental Property .
Loans covering property where the0 o wn e r is not a ~~sident
of the property shall b e issued only upon satisfactory
showi ng tha t his or her app lica tion for a loan which is
substantia lly simi lar in terms of p ur p ose and principal
amount to t he property rehabilitation loan applied for
has been rejected by two qualified financial institutions
whi c h regular ly make improvement or r e al estate loans.
If the application is approved, the owner shall a gree to
enter into a contract with the Authority to k ee p rents
with i n the reach of low an d moderate income families, and/or
make the property eligibl e for F e deral Section 8 Housing
Assistance Payments. Loans for the purposes set forth in
Section 1.4 to absentee owners of r enta l property shall
be limited to 30 per ce nt of the total of the loan
approve d for the purpo s es se t .forth in S ec tions 1.1, 1.2,
and 1.3.
Co n s truction .
Work done with the pro c e e ds of the loans s hall be accom-
plished by either the owner or a licensed contractor.
1 0.0 ~mcnt.
Repaym e nt terms sha ll n ot excee d 20 years. Loans shall
be repayable in equal installment~principal and interest,
due on or before the fir s t of each month •
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APPENDlX "A"
HOUSING REHABILITATION PRIORITIES
3 .1 •To be a pprove d, an application mus t mee t · all oth er ap-
plic able policies an d repre se nt three (3) priority points ,
computed as follows. (See Par ~graph 11.0 for income d e fin itior
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
Points
Very low income 3
Low income 3
Priority neighborhood 3
Eligible investor(See Par.8.0) 1
Own e r occupied 1
.Eld e rly (S ee Par.11.0) 1
Paragraph 11.0 will be added to the e nd of .the Program
Poli.cies Statement and will be title d "Definitions ".
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ENGLEWOOD HOUSING AUT IIOR ITY
HOUSING REHABILITATIO N COJ.IMITTEE BYLAWS
1.0 Establishmen t.
There is hereby esta bli shed the Ho u sin g Re habilitat io n
Co mmi ttce of the Engl e wood Housing Authority.
2.0 Purpose.
The purpose of this Committ ee shall be:
2.1 To provide gen e ral di rectio n a nd advice to Housing
Authority s taff in the admi n istration of t he Housing
Rehabilitation Program.
2.2 To revi e w a nd approve, d e ny or approve with co ndit io ns,
property rehabilitation lo a n a ppl ications.
3.0 Membership.
The Committee shall be compo se d of three members, chosen
by: t he Authority as follows:
3.1 A me mber of t he Authority.
3.2 A r e pr esent ative of the lending institutions which pa rti-
cipate in t he program, n omina ted by the lead bank.
3.3 A representative of the City of E ng lewood nominated by
City Counci 1.
3.4 If the nominee of the City or .the nominee of the l endi ng
institutions is unaccept ab le to the Authority, it s hall
ask for anothe r nominee. '
4.0 Off icers , Quoru m, Rules.
4.1 A Chairperso n and such other offic e rs and committees as
ma y be necessar y or desirab le shall be appointed by the
Authority and serve at its pleasure.
4.2 To constitute a quorum for the transaction of business
there must be at least two members present .
4.3 The rules containe d in Roberts Rul es of Order, Revised,
sha ll g overn the· Committee in all cases in which they
ar e app l icable, and in which they are not inconsistent
with the Bylaws of the Committee as herein stated •.
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En g l ew ood !l o us in g /\ut ho rity
Ho us ing n e habilitation Co1run i l tee Bylaws -2.
5.0 Meetings.
6.0
The regular meetings of the Comrni t tee s hall be held on
the third Thursda~ · of each month at 3:00
o'clock p.m. in a building owned by the City o-f ~E-n-g~l -e_w_o_o_d.
Special meetings may be held as required. All meetings
sha ll be open to the public, except that the Committee~
by majority conse nt, may go into executive session for
consideration of applications for loans and related
material. No action concerning any aspect of such
applications shall be taken, however, except at a meeting
open to the public, as provided by law. The time, date
an d place of meetings open to the public shal l be noticed
ten days in advance by publication in a newspaper of
general cir culatio n, and, i n addition, applic ants shall
be notified of the meeting at which their application
will be acted Mpon.
Action on Loan Applications .
All applications for loa n s and related material r eceived
by the Comrnittee'shall be consider e d and treated as
confidential information, as provided by law. No action
shall be taken unless it is consistent with the Housing
Rehabilitation Program Policies as adopted from time to
time by the Autho rity. Approval of applications shall
be by majority vote of the entire committee. In. the case
of any approval with conditions or denial of an applica-
tion, the vote and reasons for such conditions or denial
shall be commu n icated to the ppplicant in writing.
7.0 Amendment.
These Bylaws may be amended at any
the Authority by a vote of members
Amendment is s ubmitte d in writing.
effective upon approval .
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pr e sent, provided the
Amendments become
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LOAN AGREEMEN T
THIS LOAN AGREEMENT , ma de t his day of
1977, by and b etween t h e CI T Y OF ENGLEWOOD HOUSING AUTHORITY
(hereinafter called "EHA") and the CONTINENTAL NATIONAL BANK
(hereinafter call e d the "Bank")
WITNESS ETH :
WHEREAS, EHA ,is a duly authorized Hou s ing Authority
e mpowered to execute this Ag r e em e nt, to bor row pursuant to
this Agreement, a nd to execute all documentation in c onnec-
tion with draws made hereunder; a nd
WHEREAS, the Bank is a duly authoriz ed National Banking
As sociation empowered to execute this Agr e ement a 11 d make the
loan set forth herein ; and
WHEREAS, EHA has requested the Bank to extend credit to
it up to a total amount of $350,000, and the Bank is willing
l!J / ,j U / 1 ·1
to lend such am ou nt to EHA upon the terms and c o nditions herein
set forth;
NOW, THEREFORE, it is agre ed betw e en the parties as
f o llows:
1. 0 Purpose.
EHA s h a ll use the procee ds of the l oa n ma d e hereunde r
for the purpose o f making property rehabi l itation loa n s o n
pro per t y lo cated in the Cit y o f Engl ewood, Colo r ado.
2.0 Terms o f Loan .
2.1 L ine o f Credit. The Bank shall make availabl e to
EHA a l ine of credi t su b jec t to the prov i sions o f t his
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Lon n Agr eeme nt -2.
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Agreement, to an· aggregate limit of $350,000, in s uch
amounts as EHA may from time to time draw.
2.2 ~-
The Bank's obligation to lend, and EHA's ability to
borrow, under this Agreement shall cease as to any
funds not drawn and owing hereunder on June 30, 1980.
2.3 Interest Rate.
The interest rate shall be six per cent per annum on all
draws except as adjusted below :
2.3.1 On June 1 and December 1 of each year,
beginning December 1, 1977 and ending on December 1,
1979, the interest rate for draws made on or after
t he rel.evant ia.t.e s hall be art.;:11st e d _ by one-'lal..t: Qf
the net change, if any, at the Bank's prime
commercial lending rate.
2.3.2 Subsection 2.3.l notwithstanding, the minimum
interest rate shall not be less than five per annum
and the maximum interest ~ate shall not exceed
eight per annum.
2.4 Repayment.
2,4,l Repayment of any draw shall be according to
the terms of the individual property rehabilitation
loan ma de by EHA with the proceeds of the · draw,
2,4,2 The month ly payment for each draw shall be
made on or before the tenth of each month,
2,4,3 EHA may at its option make repayments of
amounts drawn in excess of the repayments required
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Lo a n Agreeme nt -3.
3.0
3.1
abo v e , i n such amounts as it may d e em advisable,
without penalty.
Security.
All draws made by EHA under this Agreement shall
be secured by the pledge to the Bank of notes of trust
deeds resulting from the property rehabilitation loans
made by EHA with the proceeds of such dr aw s.
3. 2 Documentation for all such notes and trust deeds
shall be subject to the approval of the Bank's legal
counsel.
3.3 Interest or other charges paid on each property
rehabilitation loan in excess of interest due the Bank
pursuant to Subsection 2.3 shall be the property of EHA.
4.0 Delinquency Reserve Account.
4.1 Within thirty days EHA shall restrict funds in the
sum of $15,000. The balance in this restricted account
shall be known as the Delinquency Reserve Account.
4.2 On or after the twentieth of each month, the EHA will
draw from the Delinquency Reserve Account an amount equal
to the total of the interest due on their note and the
principa l repayment due them on their note. If EHA's
borrower(s) subsequentl y remits the same installment
payment to the EH A, such payment shall be deposited in
the Delinquency Reserve Account.
4.3 Interest earned on the Delinquency Reserve Account
shall be the unrestricted property of EHA •
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T~an Agree me nt -4 ,
4 ,4 Any bal a nce remaining in the De linquency Res erve
Account after June 30 , 1980, in e xc ess of three p e r cent
of the aggregate sum of the draws and accrued interest,
may be drawn by EHA.
5,0 Deficiency Res e rve Account.
5,1 Within thirty days EHA shall restrict funds in the
sum of $35,000. The balance in this r estricted account
shall be known as the Deficiency Re serve Account.
5.2 If EHA should foreclose any deed of trust securing
a property rehabilitation loan, and if the proceeds of
such foreclosure are insufficient to fully repay the
principal and interest on the draw with which the loan
was made, the EHA will charge the Deficiency Reserve
Account for the deficiency pursuant t o its security
i nterest set forth in Section 3 .1 and apply such sums to
the retirement of the loan balance due the Bank,
5,3 Interest earne d on the Deficiency Reserve Account
shall be the unrestricted prope~ty of EHA.
5,4 Any balance remaining in the Deficiency Reserve
Account after June 30, 1980, in excess o f seven per cent
of the aggregate s um of t he draws and accrued interest,
may be drawn by EHA.
6,0 Partic ipating Lenders .
6,1 EHA understands th at the Bank intends to participate
a portion of t he loan made hereunder with other lenders •
6.2 It is understood and agreed that such participation
in Section 6,1 s hall not modify or change this Agreeme nt
between EH A and the Bank,
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Lo n n Ag r ccm0 nt -5,
7.0 Audit,
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7.1 The Bank ·agre es to mak e the records and books of the
draws of property rehabilit ation loans available for
inspection by an auditor se lected by EHA.
7.2 EHA agrees to make its records and books of property
rehabilitation loans avail a ble for inspection by an
auditor selected by the Bank.
7.3 EHA agrees to make its records and books available
to agents of any duly constituted authority having
jurisdiction over the Bank or the participating lenders.
8.0 Amendments and Modifications.
Amendments and modifications to this Agreement shall
be mutually agreed to in writing by EHA and the Bank.
8.1 The Parties understand and agree that the Bank will
feel obligated to obtain the consent of the Participants
to any amendment or modification hereto,
DATED this date of
Attest:
Executive Director
Attest:
President
HOUSING AUTIIORITY OF
THE CITY OF ENGLEWOOD
By __ --:=---=---------Cha i rman
CONTINENTAL NATIONAL BANK
By_-=-,------,.--cc-:---:~-~ Chairman of the Board
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BY AimlORITY
SERIES OF 1977
AN ORDINAM:E AMENDlN, SUB-SECI'ICN (b) , SECI'ICN 32, CHAPI'ER 3, TITLE >N,
OF 'lllE 1969 ENGI»o:D IDNICIPAL CCDE BY IlCRFASIN, 'mE ClWG: FOR 'mE
ctm'ING OFF OF WA'IBR SERVICE.
mERFA5 the current charge for the cutting off of water service to
property oamected to the Englewood water suwly was established in 1972,
and
mERFA5 the existing charge is woolly insufficient to cover the ac-
tual oost of performing the labor involved in said cut-off, now therefore
be it ordained by the City Council of the City of Englewood, Coloraoo.
Sectioo 1.
'lllat Sub-Section (b) , Section 32, Chapter 3, Title >N, is hereby
anended to read as follows:
15-3-32: TAPPJN; AND ctJITlN, OFF Mr<INS
(b) The cutting off fran mains may be perfo:med by either a licen-
sed and bonded plUl!ber or by WateJ" Divisia, personnel. In
the event Water Division personnel perform the cutoff and the
tap is to be abandoned, a charge 6f SEVENI'Y-FIVE ($75.00) ool-
lars will be dtE and payable fran the ~licant.
Introduced, read in f ull and passed on first reading on the 15th
day of August, 1977.
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Published as a Bill for an Ordinance oo the 17th day of August, 1977.
Read by title and passed on final reading oo the ___ day of
September, 1977.
Published by title as ordinance No. ____ , Series of 1977, a,
the day of September, 1977.
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MAYOR
M'll:ST:
ex officio City Clerk-Treasurei
I, William D. Janes, oo here.by certify that the above and foregoing
is a true, accurate and CCl!l>lete copy of the Ordinance, passed on the
final reading and published by title as Ordinance No. , Series of 1977.
ex officio City Clerlc~asurer
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BY ALmlORITY
ORDINm:E 00. di ~ , SERIES OF 1 977
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.AN ORDINA?CE AMENDING SUB-~CN (bl , SECI'ICN 32, CHAPlER 3, TITLE 'X!v,
CE 'lHE 1969 ~ KJNICIPAL CCU: BY IOCRFASING fflE ClWG: FOR fflE
ClJITING OFF CF ~TER SERVICE.
~ the current charge for the cutting off of water service to
property oamected to the Engler.iood water suwly was established in 1972 ,
and
~ the existing charge is woolly insufficient to cx,ver the ac-
tual cost of perfonning the labor involved in said cut-off, llCM therefore
be it ordained by the City Council of the City of Engler.iood, Colorado.
Section 1.
'!hat Sub-Section (bl, Sectioo 32, Chapter 3, Title XV, is hereby
anended to read as follows:
15-3-32 : TAPPING AND etmING OFF M.,\INS
(bl The cutting off fran mains may be perforned by either a licen-
sed and bonded plunber or by Water Divisioo personnel. In
the event Water Division personnel perform the cutoff and the
tap is to be abandoned, a charge of SEVENI'Y-FIVE ($75.00l dol-
lars will be dl.E and payable fran the a,wlicant.
Introdured, rei'rl in full and passed on first reading on the 15th
day of August, 1977.
Pub lished as a Bill for an Ordinance oo the 17th day of August, 1977 .
Read by title and passed an f inal reading on the ___ day o f
Septaroer , 197 7 .
Published by title as ordinance No. ____ , Series of 1977 , oo
the day of September, 1977.
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Mr\YOR
A'l'IES'r :
ex officio City Clerk-Treasurer
I, William D. Janes, oo hereby certify that the aoove and foregoing
is a true, accurate and <Xllplete oopy of the Ord:i.nanoe, passed a, the
final reading and published by title as Ordinance No. , Series of 1977.
ex officio City Clerk-Treasurer
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SUIJICT,
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INTD-OfftCI
MIMOIANDUM
Jim Curnes, Assistant City Manager DATIi
Kells Waggoner
CHARGES FOR TURNING WATER OFF AND ON;
TAPP.ING AND CUTTING OFF MAINS
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August 29, 1977
The City water code provides for two wa ys of shutting off water services
to licensees depending upon whe ther it is a s hutoff using the ~urb stop
(temporary) or a cutoff using the corporation stop (permanen t).
The first method is entitled "Charges for Turning off and on Water"
(Water code SS 15-3-22) which is a $5 fee for turning the curb stop
valve off and back on. This curb stop valve has a box extending to the
surface and is on the water service line usually located between the
property line and the sidewalk or curb. One man can turn this valve,
and no street excavation is required.
The second method is entitled "Tapping and Cutting off Mains" (Water
code SS 15-3-32) which is presently a $25 fee and is being recommended
for increase to a $7 5 fee when the Water Division performs the work.
(See attached sheet for cost breakdown.) This second method involves
turning the corporation valve off and back on. It is located on the
water service line and actually makes the connection into the water main.
Since our water mains are usually in the street, we have to dig down to
this valve in .order to turn it .
Water services will be shut off by method number one whenever possible
to keep the citizens' costs as low as possible. The instances where
the sec ond method would be used are:
1. when permanently shutting off a water service to be abandoned
2. wh en the curb stop valve cannot be found, is inoperable or
inaccessible
3. when a licensee has violated the terms of license by either
ope rating the curb stop without authorization or by incapaci-
tating the curb stop
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Dire ctor o f Publi c Wo rks
GRD /ldo
Attach .
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!1EMORANDUM
TO:
FROM:
DATE:
H.S. Bradshaw, Acting Utilities Directo r
D.K. Steph ens, Administrative As si s tant .
July 14, 1977
SUBJE CT: Recommended Change in Water Cut -Off Charge
Paragraph 15 -3-32, TAPPING AND CUTTING OFF MAINS, sub paragraph (b) specified
the charge of $25 for cutting off the water service to a property. This
fee was set in 1972 and as we all agree does not now begin to cover the cos t o f per fo r:m ing the work.
A more realistic estimate of cost, would be:
Back Hoe:
Equipment Op:
Ma int. Worker:
Street Cut 8 Sq
2 hrs
2 hrs
2 hrs
ft.
@ $10.96/hr
@ 8.39/hr
@ 7.25/hr
@ 2.00
$21.92
16.78
14.50
16.00
Total $69.20
Recomme nd the fee be incre ased to $75.00 per cut-off, the next time the water ordinance fs revised.
Attachment U3a
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~ity of Englewood
From the Office of the Mayor
JAMES L. TAYLOR
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CITY COUNCIL
David B. Clayton . Mayor Pro Tem
Howard R. Brown
3400 South Elat i Street
Englewood .Colorado 80110
Phone (303) 761 -11 40 Vern Mann
Donald L.A. Smith
Douglas T. Sovern
Donald W. Wil Iiams
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P R O C L A M A T I O N
WHEREAS, the "Cookie Monster" of Sesame Streets
has been responsible for so much love and joy in the
hearts of the young people of our community for many years.
WHEREAS, the "Cookie Monster" will arrive at
Cinderella City parking lot by helicopter at 1:30
p.m., Saturday, September 17, 1977 as s pecial guest
of the "Second Annual Cookie Eating Contest"; contes-
tants being local radio and television personalities.
NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the
City of Englewood, Colorado, proclaim Saturday, Sept-
ember 17, 1977 as
COOKIE MONSTER DAY
and do hereby urge the citizens of this community,
young and not so young, to recognize the great contri-
butions of the "Cookie Monster" to the community of
Englewood, Colorado.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this
6th day of September, 1977.
JAMES L. TAYLOR, Mayor
City of Englewood, Colorado I • •
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~ity of Englewood
From the Office of the Mayor
JAMES L. TAYLOR
CITY COUNCIL
David B. Clayton , Mayor Pro Tern
Howard R. Brown
3400 South Elati Street
Englewood .Colorado 80110
Phone (303) 761 -1140 Vern Mann
Donald L.R. Smith
Douglas T. Sovern
Donald W. Wil Iiams
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P R O C L A M A T I O N
WHEREAS, the "Cookie Monster" of Sesame Stree ts
has been responsible for so much love and joy in the
hearts of the young people of our community for many years.
WHEREAS, the "Cookie Monster" will arrive at
Cinderella City parking lot by helicopter at 1:30
p.m., Saturday, September 17, 1977 as special guest
of the "Second Annual Cookie Eating Contest"; contes-
tants being loca l radio and television personalities.
NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the
City of Englewood, Colorado, proclaim Saturday, Sept-
ember 17, 1977 as
COOKIE MONSTER DAY
and do hereby urge the citizens of this community,
young and not so young, to rec ognize the great con tri-
butions of the "Cookie Mons te r " to the community of
Englewood, Colorado.
GIVEN UNDER MY HAND AND OFFICIAL SEAL th i s
6th day of September, 1977.
JAMES L. TAYLOR, Mayor
City of Englewood, Colorado
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~ity of Englewood
From the Office of the Mayor
JAMES L. TAYLOR
CITY COUNCIL
David B. Clayton . Mayor Pro Tem
Howard A. Brown
3400 South Elat i Street
Englewood .Colorado 80110
Phone (303 ) 76 1-1140 Vern Mann
Donald L.A. Smith
Douglas T. Sovern
Donald W. Wil Iiams
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P R O C L A M A T I O N
WHEREAS, the "Cookie Monster" of Sesame Streets
has been responsible for so much love and joy in the
hearts of the young people of our community for many years.
WHEREAS, the "Cookie Monster" wil l arrive at
Cinderella City parking lot by helicopter at 1:30
p.m., Saturday, September 17, 1977 as special guest
of the "Second Annual Cookie Eating Contest"; contes-
tants being local radio and television personal i ties.
NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of t he
City of Englewood, Colorado, proclaim Saturday, Sept-
ember 17, 1977 as
COOKIE MONSTER DAY
and do hereby urge the citizens of this community,
young and not so young, to recognize the great contri-
butions of the "Cook ie Monster" to the community of
Englewood, Colorado .
GIVEN UNDER MY HAND AND OFFICIAL SEAL this
6th day of September, 1977.
JAMES L. TAYLOR, Mayor
City of Englewood, Colorado
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( ~ity of Englewood
From the Office of the Mayor
JAMES L. TAYLOR
--C-IJ_v_c_ou_N_C_IL ··--------------------
David B. Clayton . Mayor Pro Tem
Howard R. Brown
3400 South Elati Street
Englewood .Colorado 80110
Phone (303) 761-1140 Vern Mann
Donald L.A. Smith
Douglas T. Sovern
Donald W. Wit Iiams
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P R O C L A M A T I O N
WHEREAS, the "Cookie Monster" of Sesame Streets
has been responsible for so much love and joy in the
hearts of the young people of our community for many
years.
WHEREAS, the "Cookie Monster" will arrive at
Cinderella City parking lot by helicopter at 1:30
p.m., Saturday, September 17, 1977 as special guest
of the "Second Annual Cookie Eating Contest"; contes-
tants being local radio and television personalities.
NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the
City of Englewood, Colorado, proclaim Saturday, Sept-
ember 17, 1977 as
COOKIE MONSTER DAY
and do hereby urge the citizens of this community,
young and not so young, to recognize the great contri-
butions of the "Cookie Monster" to the community of
Englewood, Colorado.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this
6th day of September, 1977.
JAMES L. TAYLOR, Mayor
City of Englewood, Colorado
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TO: Mayor and City Council
FR:M: Bernard V. Berardini
DI\TE: August 29, 1977
SUBJECl': Denver Metals Co. vs. Arapahoe Collllty
On Friday, August 26, while I was out of the office, Mr. Gerri Von Frellick
hand delivered the attached letter with a ccpy to Mayor Taylor.
The letter is self-explanatory in that Mr. Von Frellick feels that it is ab-
solutely i.nperative that an original proceeding be a::mrenced in the State
Suprerre Court to set aside Judge Pyle's Order dismissing the city as a party
in Denver Metals vs. Araparoe Cotmty.
By ooing so, it Wl'.X.lld appear that the Suprene Court cx,uld vacate all orders
entered by the trial jl.ld3e and stay proceedings tmtil the cities' position
CXJUld be heard.
I am proceeding to a::mrence an Original Action in the Coloraoo State Suprerre
Court with a view tc,,,,ard vacating and holding for naught Jooge Pyle's Order
in the Denver Metals case denying our right to intervene. Alth:,ugh the Supreme
Court may not take original jurisdictim in this matter, I feel that under the
circunstances the action should be taken at onoe.
Should the majority of cx:,uncil feel that the action I contes1t>late is ill
advised, then a special rreeting srould be called to direct this office to
proceed no further at this tirre.
!Espectfully,
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-.:..'f'-1-·);(Ct.-"t d t . cz.:2:yf2 .tQ.lO<K.(
Bernard V. Berardini
City Attorney
cc: City Manager
Mr. B. James
Mr. R. DeWitt
BVB:ptc
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'r;== lrn/t;\ l!/!!Efi!f!!S]!lt\. !!!!!&if/ I I/ ls l!=-~~=!JJ~/\v/1£?~!7/L=-5////~\lJ±~:~f lL='_!l '§1
THERE IS GENERAL AGREEMENT
P.O Box 1875
Eng lewood .Colorado 80150
(303) 761-6809 August 26, 1977
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Bernard V. Berardini, Esq.
Englewood City Attorney
3400 South Elati
Englewood, Colorado 80110 .
Dear Bernie:
Since I was unable to reach you by phone and must be in Toronto tomorrow,
I am writing to express our appreciation of your leadership in proceeding with
the appeal against Denver Metals Co mpany. I would have preferred to be able to
visit with you in person about this.
It now appears we have sufficient information and evidence to demonstrate
the 1961 map, as to which Don Paul testified, cannot possibly be the official
Arapahoe County zoning map. Since Paul's surprise testimony was the reason
Judge Pile ruled against us in this c a se, we know your affidavit that this was
a surprise to you will compel Judge Pile to grant us a new trial in this zon-
ing case. You know better than I do that our success on appeal requires we es-
tablish the best possible record in District Court. With the information we
now have as part of the record, the facts which the Court of Appeals will con-
sider will be most p e rsuasive. Since you called Don Paul as a witness for the
City, it is inconceivable his devastating and incorrect testimony was not a
surprise to you. I see very little chance that Judge Pile will grant us a new
trial in the zoning case without your affidavit that Paul's testimony came as
a surprise to you.
Judge Pile's denial of a new trial for your Solid Waste case can be a
l e sser disaster if you are willing to proceed with the opportunity his arbi-
trary action gives you. There is considerable weight of precedent to believe
the State Supreme Court would immediately grant a Writ of Prohibition against
Denver Metals' operations if you will ask them to do so. There appears to be
no question that Judge Pile denied the City of Englewood due process when he
refused the City the right to intervene. This would assure us of a new trial
in which to build a defensible record before the Court of Appeals. And, you
will win for the City, its citizens and property owners.
We must proc eed direc tly to the Supreme Court before the end of August if
this r em edy is to be av ail a ble to us. If you are not willing to do this with-
out prior authorization of Co unc il, we are willing to explain this opportunity
to Council members individually. Howe ver, the City Charter vests you with the I • •
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Bernard V. Berardini, Esq.
August 26, 1977 ·
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authority to take all legal action necessary to accomplish the City's objec-
tives as previously authorized by action of City Council.
Bernie, there has to be some way to convince you that you do have a lot
of friends who want to help you, the City and themselves. Everyone understands
and respects your position as City Attorney and knows you will always continue
to successfully represent the City's legal interests.
Because your legal advice to Council is the single most decisive factor
wh1.ch determines much of the future of our City, to the extent appropriate,
we urgently want to help you every way possible in your most difficult and re-
sponsible position. We certainly respect your right and obligation to disagree
with us when it is for the best interests of the City.
GVF:jc
cc: Mayor James L. Taylor
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RESOWrIOO NO. .·, r
-~;:'--/~---' SERIES OF 1977
A RESOIDrIOO TERMINATING 'lliE LEASE AGREEMENI' OF JANUARY 1, 1972,
BElWEEN THE CITY OF ENGLEW:X)[) AND MACIEE RADIO, INO)RPORATED.
WHERFAS, on January 1, 1972, the City of Engle\o.UOCl, Colorado
(City) entered into a written lease Agreenent with Maclee Radio,
Inc. (Macl.ee), for a term of ten (10) years, as nore fully set
out in said lease, for the use by Macl.ee as a Radio Transmitter
Building and Tower Antenna and for general radio staticri operations,
and,
WHERFAS, said lease will by its tent1S expire en the 31st day
of December, 1981, except as otherwise provided therein; and,
WHERFAS, the City has adopted a plan of Recreaticri and River
Developrent of properties within its o..mership which involve the
aO!filsition of land sufficient in area to aco::m:tlate an eighteen
hole golf course, a river park, and active and passive recreation
areas, which include the area OCM leased to and occupied by Mac-
Iee; and
WHERFAS, it will be necessary to include said land area in-
volved in said lease as part of the over-all recreaticri facility.
NM, 'lHEREFORE, BE IT RESOLVED BY 'lliE CITY CCXN::IL OF 'lliE CITY OF
:ENGLE.WJOD, OOIDRAOO, as follows:
Section 1.
The area of land, now occupied by Maclee Radio, Inc. pursuant
to and described in the certain lease and accaipanying exhibits
dated January 1, 1972, is found and detennined by the City Council
to be ne eded for public recreational uses pursuant to a plan of
recreation as previously approved and adopted by the City Council
to provide active and passive recreational facilities.
Section 2.
The City Council finds and detennines that the public neces-
sity and convenience required that the lease hold interest of Mac-
lee Radio, Inc., should be and it is hereby tenninated pursuant to
the provisions contained in paragraph Ten (10) of said lease.
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Section 3.
'O!at said tenancy pursuant to said paragraph Ten (10) shall
tenninate according to it's terms, in Twenty-Four (24) nonths fran date hereof.
Section 4.
'llle City Manager is hereby directed to serve upon the MacLee
Radio, Inc., as Leasee, a certified cx:ipy of the within Resolution
by delivering the sane personally, or by depositing sane in the
United States mail, postage pre-paid, return receipt requested,
addressed to the I.easee at 701 Wc!st Hanpden Avenue, Englewood, Co-loracb, 80110.
APPOOVED AND AOOPrED this 6th day of Septertier, 1977.
ex officio dtyelerk-Treasurer
I, William D. Janes, ex officio City Clerk-'l'reasurer of the
City of Englewood, Coloraoo, do hereby certify that ~T is
a true, accurate, and cniplete copy of Resolution No. J .
ex officio erfycierk-'I'reasurer
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FROM:
DATE :
SUBJECT:
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Andy Mccown, City Manager
Wm. A. Hamilton, Fire Chief
September 6, 1977
1977 Overtime Expenditure s
Please find attached a comprehensive breakdown of overtime
expenditures for the Fire Department from January 1 through
August 31, 1977. It might be well to note that if our over-
time continues at the present rate, it will be necessary to
have an additional appropriation of approximately $13,000.00
in our overtime account to maintain t he mandatory manning
level. We sincerely hope the $13,000.00 will be sufficient
to cover this expenditure.
Also find attached three (3) letters from the Englewood Fire-
fighters Association, which is a result of a meeting with th e
president of the Englewood Local 1736, Mr. Richard Edison,
and five (5) of the official members of the Association.
These l e tters reflect a sincere and genuine c oncern for the
overtime d ilenuna we are presently facing and indicates some
action on their part in a continuing effort to reduce sick
leave. Also, a policy in regard to issuing press releases
is set forth. One o f the l etters is a l e tter t o Council
expressing apology f or s o me misin form nt ion l 0 t to the press
some weeks ago.
WAH /ms
enc . (4)
S 111c:,~1:·71';:, .,)
m-,:.~~;r;;;;/~
1 t on
Fire Ch i e f
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TO: Andy Mccown, City Manag er
FROM: Wm. A. Hamilton, Fire Chief
DATE: September 6, 1977
SUBJECT: 1977 OVERTIME EXPENDITURES
An analysis of the overtime expenditures of the Englewood Fire
Department for the period January 1 to August 31, 1977 revealed the following:
A total of $24,953.72 has been charged to the overtime
accounts of Fire Suppression and Administration (02-46-1220)
and Fire Rescue (02-45-1220).
Of this total,
this account.
$21,096.29 has
categories:
$3,857.43 has been improperly charged to
After deducting this amount, a balance of
been accounted for under the following
a. On-the-job Injuries
Richard Petau $ 1,277.82 Michael Smith 829.44 Wallace Gough 776.64 Delwood Locke 167.04 Roy O'Steen 167. 04 Stephen Trunck 69.60 Billy Crouch 2,206.50 (continuing)
$ 5,494.08
b. Fire Investigations $ 1,192.90
c. Prolonged Sickness and Injuries Not Job Related Raymond Schneider $ 722.64 Daniel Wegener 388.32
$ 1,110.96
d. Pension Actions
Darold Foreman $ 929.75 Durrel Bates 3,168.00
$ 4,097.75
e. CPR Classes $ 305.58
f. Office Overtime $ 295.25
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Page 2
g . Testing (new hires)
h. Courts (testify)
i. Mutual Aid
j. Miscellaneous
TOTAL
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$
$
$
335.51
30.10
22.57
461.19
$13,345.89
This leaves a balance of $7,750.40 directly attributable to
sick leave.
From January 1 to August 31 there were 74 shifts with no sickness.
Of the 169 days when firefighters called in sick, an average of
1.47 men were off sick each of these 24-hour periods (249 inci-
dents). Of the 249 sick incidents, 38 of these resulted in over-
time expenditure. In other words, 151 of sickness has caused
$7,750.40 of overtime expenditur~s.
In light of the facts born out of the study, a review of the
budget appears to be warranted for 1978. It is not known, nor
can it be predicted with pinpoint accuracy, how many on-the~
job injuries or prolonged illnesses will occur in the ensuing
year. It is a known fact, however, that the activities of the
fire department are increasing annually and emergency responses
are on the rise --whic1'will contribute to on-the-job injuries. -~
Although we think this is a minor factor, we have made an attempt
to cut down 6n sick leave abuse. We will continue to do research
regarding sick leave abuse, accumulation, etc. and work jointly
with the Employee Relations Department, Firefighters Association
and Fire Administration in an effort to reduce negative incen-
tives now present in the system.
As a result of this overtime study in the various categories,
and with the assistance of Mr. Bill James, Finance Director,
we gave re-evaluated our budget for 1978. By assigning the
various categories to their proper budget area, we feel that
$22,000 .00 will be sufficient for the required overtime for
1978. We must recognize, however, that if we experience high
costs in items a, c and d, as we have in 1977, the $22,000.00
will be i nsufficient.
WAH/ms
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Englewood Firefighters Association
LOCAL 1736 • A.F.L. • C.1.0.
Englewood, Colorado 80110
President Richard Edison
Address 9?02 W, Stetson
city L1 ttleton, Colorado
To, Ch1ef Donald Braunre1ter
Secreury Ke1 th Lockwood
Address ?195 S, Sherman
city Littleton, Colorado
September 5, 19?7
From, Richard Edison, President Local 1?J6
Subject, Leave T1me
S1r,
Following the meeting of September 1, 1977 the F1ref1ghters
Assoc1at1on took the following action. We have established a
committee to monitor the use of s1ck leave. We feel the study
done by your office was substant1aly correct and demonstrated
a proper and even conservative use of s1ck .leave, We would
appreciate, therefore, the opportunity to regulate our member-
ship's use of a1ck leave, rather than expending Department Head'•
valuable t1me 1nvest1gat1ng 1nd1v1dual c~sea, We further recommend
that a change be made 1n the a1ck leave accumulation formula
that w111 adequately compensate those who do not use all aval1able
s1ck leave, wh1le prov1d1ng the protection s1ck leave 1• intended
for, The Executive Board of Local 1?J6 w111 also make 1taelf
aval1able to any further 1deas or auggest1ona from any level
1n the C1ty admin1atrat1on along proper channels.
) / ~l
R~spe~f··c;, ~ / l 1X/d:Y~--
R1chard Edhon
President Local 17)6
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Englewood Firefighters Association
LOCAL 1736 · A.F.L. · C.1.0 .
Englewood, Colorado 80110
President Richard Edison
Address 9702 W. Stetson Place
city Littleton, Colorado
Tot All Members Local 17J6
Subject, Presa Releases
Gentlemen,
SecretaryKe1 th Lockwood
Addreu 719.5 S.Sherman
city Littleton, Colorado
September .5,1977
Please be adT1aed of the Association'• new policy regarding
press releases. Any member wishing to release a news item to
the media must first clear it through the ExecutiTe Board.
Any member or members who feel a pressing need 1n the resolution
of a problem with the City can get a prompt response through
your shift Vice-president or an ExecutiTe Board meaber. Using
proper channels, City management and City Council haTe reaffirmed
their open door pol1c7.
) r.-··±ly,
Rlc~rd Edison
President Local 17J6
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Englewood Firefighters Association
LOCAL 1736 · A.F .L. · C.1.0 .
Englewood, Colorado 80110
President Richard Edison
Address 9702 W, Stetson
City Littleton, Colorado
An open letter to all City Council member•
Gentlemen,
Secretary Keith Lockwood
Address 7195 S, Sherman
c11y Littleton, Colorado
September 2, 1977
At this time, on behalf of my•elf and my member•hip, I
would like to exprea• our regrets regarding the new• relea•e
concerning the reduction in manning, I have ordered a committee
be formed to investigate this matter, Thu• far they have been
engaged in fact finding,
I believe thi• Cit7 enjoy• one or the finest working
relationships between itself and it• emplo7ees in the •tate.
We would •incerel7 regret thi• exemplary raport being jeopardized
b7 the action• of another part7,
Attached 7ou will find a memo to my membership regarding
news relea•es, Hopefull7, thi• will help correct and prevent
a similar incident •
1736
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TO: Andy Mccown, City Manager
FROM: Wm. A. Hamilton, Fire Chief
DAT E: Septer.lber 1, 1977
SUBJ ECT: 1956 Ford 500 GPM Fire Pumper
(Contract for Assigning to Red Rocks Campus
of the Community College of Denver)
The Fire Department h a s four (4) first-line pumpers. Each is
a 1250 Gl'M pumper, with one assign ed t o each of the four (4)
fire stations . We also have three (3) r e serve pumpers. Each
is a 750 GPM pumper, with one (1) assigned to each of Stations
1, 2 and 4. In addition, we have one (1) surplus pumper -a
1956 Ford 500 GPM pumper. This surp lus pumper is presently
sitting outside at the ServiCenter.
We h a ve determined there is a great need for a fire pumper in
the training and teaching in the Fire S c i e nce Technology Program
at the Red Rocks Campus of the Communit y College of Denver. Dur-
ing the past several months we have be e n negotiating the p rob-
ability of donating the surplus 1956 Ford pumper to the Red Rocks
Campus (contract is attached). This 19 56 Ford pumper is in need
of maintenance. The Red Rocks Campus h as a shop and the exper-
tise to provide this maintenanc e and put this pumper in first
class condi t ion for th e p urpose of training students in the Fire
Science Pro<Jram.
Con s i stent with your l etter of August 8 , Red R9cks Cam p us has
agreed to p rovide some in-house college level training to our
peo ple in the fire service. In addition to that, we may also
i nv ite e mployee s from other d epar t ments in the city to partici-
pate in this tr ai ning .
The !led no J,:s Campus is p re pared to r•l nc <~ a plaq u e on t his pump-
er , indicating it h ,s bee n don ated t u thdm by the ci ty of Engle-
wood . They will also set up a press r e l e ase and h ope tha t your-
sel f , th mayor and other officials mig ht be present at a time
wh en this pumper c an be transferred to the Red Rocks Campus of
the Community Coll ege of Denver.
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Page 2
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We are most enthusiastic in the Fire Department in regard to
this program. We urge your approval, along with the approval
of City Council, to proceed in this matter. I personally feel
it is a great opportunity for us, at no expense to the city,
to do something for the Red Rocks Campus Fire Science Technology
Program, which is doing such a great job in training future and
present firemen for the fire service.
Since~ely,
WAH/ms
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P.S. All contracts and necessary transfer papers seem to be
in order •
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Community
-College of
Denver
a
Red Rocks
Campus
G Owen Sm ith
\/tee President
July 7, 1977
l\"illiam Hamilton, Chief
Fnglewood Fire Department
,615 So. Elati St.
Englewood, CO 80110
Dear Bill
Here is a rough copy of the contract between the Conmmity
College and the City of Englewood.
Would you please acid your connents and any corrections or
additions that you feel are necessary before we type the
final contract.
If I can be of any help, please contact me at 988-6160, Ext. 295.
Yours truly i
( _~~AA
Lewand, tcaa Tit!;fi tor
1 F re Sc~?~Y ograrn
JL: srrvn
Enclosure
12600 W 6th Ave
Golden. Col o rad o 804 01
<)88 6 1f 0
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CONTRACT·
THIS COllTRACT, made this day of 197 , by
and bctwl!cn th.: Community Co llc ;_;c of Denve r f o r th e u s !! ruid b e ne fito f t he
De:r,artment of (~·l )'pire Science Techno)oi)' Pr~gr~OJ.S.O.E. J6 6021). Service 0cc. Red
h e reinafter n :fl!IT(:ti ~o ::ic; t he Co lle,:e, aml~iEogJewaod Eire Department Rocks Ca111>us
h e r c in::i f tc r rcfe:r r c d t on~ the cont ractor,
'WI-IERE.4.S, r er;u ire d 11 pp ro·,al, c l e:i rance 11nd c o ord ina t ion has bee n nccompl i i;hed
fr o:n and wi~h ap p r oJ,ri.,L c s u p e 1 .. 1isors; and
WHEREAS, ( *3 )
The Fire Science Technology Program has a need for a basic Fire Apparatus
pllllper for use in its curriculllll of instruction.
WHEREAS, ft6~
The Englewood Fire Departnent has on hand a~ Ptln1>er
Model Seria~~~~ ~ -------------
NOW 'IHEREFO RE, it is h e r e by a Breed that
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The Englewood Fire Departnent will donate to the college said fire apparatus
for use in the Fi re Science Program Lllder the following conditions.
1. Title of vehicle will be transferred to the college so the college can
insure said vehicle.
2. If at a f uture date the Fi re Science Program would be discontinued at
Colll11Ullity Colle ge of Denver said punper and title would be transferred back to
the Englewood Fire Department.
3. An inventory list wilJ be transferred with the apparatus and all equipment
donated with said vehi c le will be returned to the Englewood Fire Departnent if
the Fire Science Program i s discontinued at a later date.
Pae,l! J o f pn r .~~
•{Sec i 11:~L n 1<.:Li u11~lt1 !ll p:.i ,:c .)
Co n t 1·.1 c~ Fu rr.1 //1
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SPECIAL l'H OVTS rONS
F'Ul !ll J\V/1.IL.'\l.lILIT'(
1. Fimi.ncial obli i;ation3 of t he Collec;e payabl e after the current fi scal
year are cont i:l;ent upon fun ds for t hat purpo s e b eine; appropriatep , b ud ;et-
ed and otherwise mad e a ·ra ilablc.
DISCR~·iINA TIO:l P..:!D fl.FFIR!,eA TI VE ACTION
2. The c ont r actor agrees to c omply with t he letter and spirit of the Colo-
rado An tidiscrL-n bation Act of 19 57, as amended, and other applicable l a w
respecting discrimination a nrt unfair employmtnt practices (2434 -301 , CRS
1973, as ame:1ded), and as r equired b y E>tecuti ve Order, Equa l Oppor tunity
and Affirrnat.i·ve Ac tion, dated Ap ril 16 , 1975 , Punu:i.nt t h e r e to , t h e follow-
ing provis ions shall be contained in all State con t racts or sub-contracts.
During the perfo rmance o f t his con t ~a ct, t h e contractor agrees ss follows:
(1) The c ontra ctor will not discr iiuinate a gainst any errp l oyee o r appli-
cant f o r e~ployment b e c a us e of race , creed, col o r, national ori~i n, sex,
marital s~atu s , r el igi on, a nce3try , me n tal or physical handle~~. or age.
The contractor will take a ffirruat ive ac t ion to insure that applicc.n ts
are emp loyed, and t hat e~ployees are t reated d uring employmen t, without
regard t o the above w.en tioned charac ter i stics . Suc h action shall -in-
c lude, but not be limi ted to t h e followin g : e:np loymen t, upgreding, de:!!o-
tion , or t r ansfer, recrui t me nt or re c ru itment 11dve rtisini:;s ; lay-o ffs e r
terminations; rates o f pay or othe r f o r ms of comp e!1sat ion; a nd s e lect ion
f o r tre i ni.!'€;, includinc; upµrentic esili.p . Th e cont ractor agrees ~o p.:i st
in conspi cuo us plnc es, a ·:a ilable to ernpl o yc <"r: and appli c .. n ts f o r e:~:,-loy-
menl , not ices l o he provide d by t h e con r oct i 11r, o fficer Gettin c f o r t h
provision:, o f t his non -dis c ri.minatio:1 c l a u se .
(2) The contractor , will, in all solicitations or ad·rcrtiser.ients fe r
em ployees placed by or on behalf of the contractor, state that all
qualifi ed applicant s will receive considera tion for employment ~~th out
regar d t o r ace , creed, c o lor, na tiono..l origi n, sex, marital stacus,
reli gion , a n ce stry, men lal or physica l h andicap, or a ge .
(3) The c ontractor will send to each labor un i o n or
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rep1·esenta t ive o f
workers wi th whi ch he has collective bargaining egree.'llen t o r o:l:er co:1-
trac t o r unders t a nd in g, notice to be provide d by t h e con rac t i:i[ o !'fi.cer,
advi sing t h e labor union or wo rkers ', r epr esentat ive of the c or.:roctor 's
co11rn iltment under the Executive Orde r, Equ al Oppo r tunit~, and J\.ffirn:ali·,e
Ac tion, d ated /lpri.l 16, 197 5 , Md of lhe ru.l C's, t·egu]ations , u:1d rele-
vant Order :; o f lh(! Goye rnor .
(4) Th e c o ntrac t o r and labor union s will furnish all in f o nna':.i o n an d
r eports rcquire<t ~y Ex cc u t.ive Orde r, E,;uaJ Opportunity a:1J Affir:~aliv1:
Ac ion o f April l , l '.?7 "J , and by th e rule:;, n•i:,ulP.tions n:1d Or~,:,r::; c-f
the Go v crn :::>r, 0 1· pur::u::tn I th ereto, and will p c rrni t a c cesr. t.o !1is book!;,
records, .:?:.d nccount3 hy l he contrac tin c "t~·-'nc-y :vid thc office o f Lh e
Governo r o r hi r. dcs i (l nec fo r purpos('::; of in 1c::tic;ation t:.o ascer '_ai n
c ompliru1ce w-i th such rule s , rec ulations and orders.
Pac;c of
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SPECIAL l'ROV1SIC lf_:;, Con t.; nue d
defense or othenn:;e . P.ny pro vision r end e red null and void b y the o. e ration
of this pr:J ·r~sion wlll :1 0 L in·ralidate th e r c::w.inJer o f thi::; co n t rac L t o Lhe
extent that t h e contr&ct is capable of execut i on.
4. The sign atories here o a '/e r t hat t hey are f Pu"ll i liar with 18 -8-301, et
seq., (Brib e rJ and C:J rrupt Influences) and 18-8-401, e t seq ., (Abus e o f
Public Offi ce ), C.R .S . 1 )73, as amended, and tha L no violation of s1kh p r o -
visions is prese n t
5. The si(?'latories z.v e r that to their knowl e dce , n o state e.'llpl o:,,e e h~.s x 1y
personal 0 r bene ficial intere st whatsoever in Lhe s e rvice or proper ty tle s-
cribed here i n .
Ill WITITES S \·/HEREOF , t he p a rt ies hereto have e xecu t ed t his Ag r eemen t on the
day first above wri t t en .
(*5 )
Contractor ---------------By ________________ _
Divi s i o n Dire c tor Date
Position ----------------By _________________ _
Dean Date
Social Security )i uraber or Er.-.ploJer ID
APPROVAL
By ________________ _
Bu siness lt.annc;e r Date
Pace which is the last o f Paces
*(S ec instructions on last. par,e.)
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*INSTHUCTI0:1::;
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(1) Insert official Depnrtne nt desi&nn tion , e.g., Campus Divi si on, Studen t
GoveJ rune nt , e tc . as appropri a te.
(i)" Set f orth compan y (i es) o r individual(s) nruuc(s ) and address(~s).
(~Insert a brief statement i ndicatin ; reason f or contract e.(;., "Th e con-
tractor having spe cial knowledGe, exp e r tise and skHl in analy::i nG a)1d e ·ralu-
ating co1m1uni ty needs." Use as many "Wh e reas ' s" a s required. If addi ti0n1l
space is r e qu i r E:d con t inue to above wo rds "l'IOW, Tl [EHE FORE;" (lJ1d state "c:.,n-
tinued on paGe 2". On p age 2, state "1-fnerc as con tinued from paee l" i f r e -
quired.
(4) Specify clearly the goods or services contra cted for, the considera t ion
moving fr om one party to the other, the ti.me within which the c ontract is to
be executed, limitat ions on assig!ll!lents , if any, and special prov is ions de-
sired, or r e quired. Contact the Office of the Business Me.na ,;e r when in doubt.
Separate e ach principal item and m.unber consecuti ve ly using as many pag es a s
necessary.
(5) Autographic, as dis tinguished fro~ s tampe d, s iV1atures should, e s a
mini.mUJU, be arfixed to the original, which will be fi l ed in the Accoun t s
Payable Department at Central Administra t ion, a nd t wo counterparts, one o f
which shall be transmi tted to t he contractor. If there is more t han one
contrac tor a copy s o signed will be sen t t o each, t hus requiring additional
auto{;raph i c signatures.
All contra cts are to be accompanied by a requi siti on encU111berin g the funds.
When ser·.r ices are completed, send the invoi ce along with a receiving report
to Accoun t s Payable, Central Administration •
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TO, And r e w J. Mcco wn, City Manager
INTER.OFFICE
MEMORANDUM
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DATI: S e p tember 1, 1977
FROM: Ke lls Wag g o ner , Dire ctor of Public Works
SUBJECT, Little Dry Cre e k
Attached is a l etter fro m L. Scott Tucker, Exe c utive Di rec tor of t h e Urba n
Drainage and Flood Control District, transmitting to us the Di s trict's pro-
pos e d 5-year Capitol Improvemen t Program. As you will note the District has
pro j ec t e d, for Little Dry Creek, an expe nditure of $1,000,000 in 1978 and
$628 ,800 in 1980. One half of these amounts is Distri c t pa r ticipa tio n a nd
the other half is local share.
We have also attached hereto a c opy of the r e sults of the survey o n Little
Dry Creek. We received 138 replies from the 108 9 que stionnaires s e nt out ,
for a 12.7% return. The tabulatio n see ms to indicate the following:
1. 88% favor more flo od co ntrol me a s ures
2. 52% find alte rnate #1 unac ceptable
3. 66% favor gras s-line d ,:':hanne ls
4. 53% find alternate ff2 the best
5. 49% find alte rna te #3 unacceptable
6. 56% find alte rnate #4 unacceptable
If o ne assigns numerical values to the ratings in questio n #7 we find that the
alternatives rank as follows:
1. Alternate #2
2. Alternate #3
3. Alternate #1
4. Alternate #4
In view of the above survey results, meetings with the Flood Control District
and meeti ngs with the Eng l ewood School Board a possible solution that Counci l
might consider would be as follows:
1. From the South Platte River to South Santa Fe Drive install a grass-
lined channe l as proposed in all of the alternates except #1. Also
proposed in the study prepared by McCall & Ellingson.
2. From the A.T.&S.F. Railroad bridge to the conduit e xit install a con-
cre te box conduit .
3. From the conduit entran ce to just south of Hampden Ave. install a
box c onduit including an entrance structure . If this can fulfill the
hydraulic needs we could possibly save the buildings on the e ast side
of Bannock (3400 block). ~ I • •
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4. From just s outh of Hampden Ave. to Clarkson Street ins tall a grass -
line d c h anne l of sufficien t capaci ty to fill the concrete box condui t.
5. Insta ll a detention pond on the Englewood High Sc hool practice field
south of Jeffe r s on Drive . The dete ntion p o nd would be sized to hold
the additional s torm wate r run-of f that t h e channe l can not carry,
and would a l so b e s i zed con s ide ring that the Pre ntice and Berry
Dams would be install e d i n Greenwood Village.
Wi t h the Prentice a nd Be rry Da ms we s hould be able t o r e duce the dep th
of the d etention pond to a point wh ere it wo uld be much l ess objec-
tionable to the S chool Board.
It is my understanding that there is a meeting with the S c hool Board on
Septembe r 22 , and I have asked Tom Young of t h e firm o f Sellands & Grigg to
do some quick calculations in order t o determine the effect of Pre ntice a nd
Be rry Dams o n the dete ntio n pond.
Sincerely,
£~--
Kells Waggoner P .E .
Director of Public Works
KW/db
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E,.ccu live Committee :
James J. Richey
Crty of Lakewood
Wally Toevs N
Boulder County ~
Catny Reynolds 8
City ot Den't'ef ~
Vi June g
City of Westmins1er 8
John J . Nicholl ci
Arapahoe County ~
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Membefw : o
Hal Anderson w
Jefferson County i_
James Covey ~
Adams County <
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David A. Day io
EnginNf N
W. G . Duncan ~
Douglas County ~ ..
Fred H. Hood N
City of Aurora .
Ken neth M Ma clnto.h m
Cty of Denver c,
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William~ ~f~= ~
Allen E. Panon ~
Eng ineer
M L. "Sam .. Sandm
c,ry ot Denver
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Walter P Spader
City ol Broomhe'd
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August 24, 1977
Mr. Kells Waggoner
Director of Public Works
City of Englewood
3400 South Elati
Englewood, Colorado 80110
Dear Kells:
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RECEI VED
DATE .K~~~:::..2.7_
BY .. _'il... ........ ~---,
Thank you for your letter of June 6, 1977 regarding the
District's 5-Year Capital llJl)rovement Program. The Board will
consider adoption of the 5-Year Program at their next Board meeting
on September 15, 1977. A summary of the 5-Year Plan that the Board
will consider for adoption is enclosed.
Funds for improvements to little Dry Creek in Englewood remain
in the 5-Year Plan for 1978 and 1980. Final design for these improve-
ments should be initiated in 1978. Final design by necessity will
have to follow the selection of an alternative solution to the
flooding problems by the City of Englewood.
Your endorsement of the recommended 5-Year Plan is appreciated.
If you have any additional questions or comments, please do not hesi-
tate to contact me.
LST/bac
Enclosure
Sincerely,
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L. Scott Tucker,
Executive Director
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Summary of Proposed
5-YEAR CAPITAL IMPROVEMENT PROGRAM
( 1977 -1981)
August, 1977
Total
Funds District
Year Project Ava i1 ab 1 e Parti ci eat ion Benefiting Entities
1977 Sanderson Gulch $382,200 $191,100 Denver, Lakewood
Globeville 58,000 29,000 Denver
Lower S 1 cans 403,700 201,900 Denver
Beul der Creek -75th Street 253,000 78,800 Beul der County
Lower Niver -II 100,000 50,000 Adams County
Lena -Wheat Ridge Design 220,000 110,000 Wheat Ridge
Weir -Lakewood Ill 755,000 328,200 Lakewood
Weir -Denver I II 1,600,100 724,400 Denver
Westerly Design 349,600 174,800 Denver, Aurora
Westerly -Early Warning 20,000 10,000 Denver, Aurora
Westerly -I 1,103,000 464,000 Denver, Aurora
Van Bibber 1 ,ODO ,000 500,000 Arvada
Hidden Lake 100,000 46,800 Adams County
Boulder Creek-Early Warning 150,000 75,000 Boulder, Boulder County
Lakewood Gulch 220.000 so.ooo Denver
1977 Total: 6,714,600 3,034,000
1978 SJCD 6200 (No. Tributary) 100,200 50,100 Jefferson County
SJCD 387,200 193,600 Arapahoe County
Hidden Lake 762,000 356,300 Adams County
Douglas County 100,000 50,000 Douglas County
Little Ori Creek 1 .000,000 soo.ooo Englewood
Sanderson -Denver Recon. 50,000 25,000 Denver
Boulder Creek 600,000 300,000 Boulder, Boulder County • • Westerly -II 676,800 250,300 Aurora, Denver
Sloans Lake 1 .000.000 soo.ooo Lakewood, Edgewater
1978 Total: 4,676,200 2,225,300
1979 Lee & Little Creeks 1,400,000 700,000 Littleton, Arapahoe County
Weir -Denver V 576,000 288,000 Denver
Dutch Creek 400,000 200,000 Colurrbine Vall~
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Proposed 5-Year Capital Ill1)rovement Program (Contd)
Total
1979
1980
1981
Project
Lena Gulch -I
Big Dry -Lehow
Westerly
Radar -Denver Metro Area
1979 Total:
Douglas County
Basin 3207
H~rl an Drainage
Brighton Drainage
Little Dry Creek
Lena Gulch -I I
Weir -Denver IV
Westerly
Lakewood Gulch
1980 Total:
Basin 3207
Weir -Denver I
Big Dry
Lena Gulch -III
Soul der Creek
Westerly
MGR -Replacement Fund
1981 Total:
(SYrs.)
Funds .
Ava i1 able
300,000
136,200
950,800
300 ,ooo
4,063,000
50,000
140,000
403,400
200,000
628,800
700,000
786,600
1,000,000
150,000
4,058,800
491,200
2,100,000
368,200
600,000
500,000
549,200
27,000
4,635,600
$24,148,200
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District
Participation
150,000
68,100
475,400
300,000
2,181,500
25,000
70,000
201,700
100,000
314,400
350,000
393,300
500,000
75,000
2,029,400
245,600
1,050,000
184,100
300,000
250,000
274,600
13 ,soo
2,317,800
$11,788,000
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Benefiting Entities
Wheat Ridge
Englewood, Littleton
Denver
All entities in District (34)
Douglas County
Broomfield, Boulder County
Mountain View, \·Jheat Ridge
Brighton
Englewood
Wheat Ridge
Denver
Denver
Lakewood
Broomfield, Boulder County
Denver
Arapahoe County
Wheat Ridge
Soul der
Denver
Lakewood, Jefferson County, Wheat Ri _dge
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DRAIN A GE
Q ·u EST IONS &
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SUR VEY
RESULT S
1. Economic l oss within Engle wood fro m the hundred-y e ar storm cou ld
amo unt to over $13 million. Economic loss from l esser storms would, o f
co ur s e, be l e ss than the $13 million. Should the City atte mpt to reduc e this
poten ti al e conomic los s by implementing additional flood control me asures ?
_!_!_!_ Ye s
15 No
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2. Alte rna t ive #1 o f f e rs the l eas t c hange from the present situation but
also the least protection arrong the alte rnati v es agai n s t the hundr e d-year
floo d. Is Alte rnative #1
~ The b es t alternative
~ Acceptable but not the b es t
~ Not acce ptable 52\
3. Alte rnatives #2, #3, and #4 of f e r e i t h e r a grass-lined c h an n e l or a
con c r e te-lined channel. The cost for e ach type c hannel is app roximate ly the
same. Do you pre fer
73 Grass-line d channels 66\
3 8 Concrete-l ined channe ls
4. Arrong the alternatives providi ng additional flood protection, Alte r-
nati ve #2 offers the lowest cost a nd the l e ast physical disruption. The dis-
ruptions primarily inc lude the ef f ec t o n the high sch oo l property and some re-
l ocation of homes. Is Alte rnative #2
-2!3__ The best a l ternative 53\
30 Acceptable but not the best
~ Not acceptable
5. Alte rnative #3 carri es flood water underground and require s e xten-
s ive constru ction a nd moderate relocation of homes. Is Alternative #3
18 The b es t a lte rnative
~ Accep table but not the b es t
~ Not acceptable 49\
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6 . Altern ati v e #4 provides maximum protection among the alte rnati v e s
agains t f l ooding, provides open park s pace , has the h ighes t cos t and requi r es
the mos t re l ocat ion o f home s . Is Alte rnative #4
2 1
3 1
6 5
The b es t a lternativ e
Acceptable b ut n o t the bes t
No t accep t able 56 \
7. Please rate the al terna t i ve s , u sing numbers one through fo ur , with
the n u mbe r o ne i nd icating the b es t s o lution.
RATI NG OF ALT ERN ATIVES
1 2 3 I 4
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Al tern a ti v e #1 1 9 23 1 7 i 49
Al tern a t i v e #2 6 1 1 6 1 7 ! 7
Al tern a tive #3 15 48 2 9 ! 4
Al tern ative #4 20 9 26 I 3 7
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September 6 , 1 977
Stai,ement t o City Cowicil :
I have r e ceived manC telephone c alls from Englewood citizens asking
me to rwi again · s City owicilman from Distri ct 2 . These Pj!Ople fee l
t hat rrry experi ence is ne eded t o serve again the citizens of '\ielewood .
I had annowiced several mon ths ago t hat I ,:ou d not rwi a gain. Now
I ha ve given s eri ous thought to this matter and I have discussed it with
rrry wife and daue,'iter . We all a gree t hat I shoulcl rwi again for this
offi ce. I am offi cially ann owicing topight that I am a candida te for
city councilman in district 2 in t he coming election . Two go od terms
deserve s another good tennl
Thank you ,
~-vzt~;(J. ~lJn,
Hovard R. Brown
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