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HomeMy WebLinkAbout1972-04-03 (Regular) Meeting Agenda Packet• 0 - City Counci1 Meeting Apri1 3 , 1972 • • • - • • REGULAR MEETING: • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MA.BC H 20~ 1972 The Ci..ty Counci..1 of the Ci..ty of Eng1ew-ood, Arapahoe County . Co.l.orado, met in regu.l.ar sess~on on March 20 , 1972 , at 8:.1.5 P.M. Mayo r S nt~. pres1.ding, ca.l..l.ed the meeting to order . The invo catio n was given by the Reverend He.l.en Wa.l.ker o f the Eso teric Truth Center, Science of Mind. P.l.edge o f A.l..l.egiance was .l.ed by Pack No . sa. The Mayor asked f or r o1 1 ca11 . Upon the ca11 o f the r o .l..l., the fo.l..l.owing present: C o unci1 Members Brow-n, Ele.n.ni..ng , La..y , Schwab , Senti. Absent : Counci1 Members B1ess1.ng . O h o rity . The Mayor declared a quorum present . A1so present were: City Manager Dial Assistant City Manager McDivitt City Attorney B e razdini COUNCILMAN BROWN MOVED, COUNCILWOMAN HENNING SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 6 , .1.972 , BE APPROVED AS READ. Upon the c a.l..l. o f the ro11. the v o te resu.l.ted as fo.l..l.ows: Ayes: C ounci1 Members Brown, He.nning . Schwab, Senti. Nays: None Absta.i...ni..ng: Counc1..1. Member Lay. Absent: Counci1 Members B.l.e ssinq~ D h ority. The Mayor dec.l.ared the motion carried. Mayor Senti recognized Mr . and Mrs. Lawrence Montoya , 3145 South E.l.ati Street . Precinct No. 2 , from the 1ist of Specia1 Citiz en Program Invitees . Mr. Montoya stated that h e wou.l.d .l.ike the traffic is.l.and at E.l.ati and F1oyd retained. Mayor S enti then recognized Mr. Stephen L. o •Kane, 3146 South V .:i~ne Stree t, Prec~ct No. 7 , who stated he would .l.ike to see the .l.eash .l.aw enfo rced as much as possib1e . Mr. J . G . Robb~ns. 4268 South De~awar e Street . Precinct No. 10, e xpressed p.l.easure w ith the efforts o f the Counci .l. and wished that it recogn i zed more often by the pub1ic. Mayor Senti a.l.so recognized the f o11owing persons from the .l.ist o f Specia1 Citizen Program Invitees: Mr . and Mrs . V~ctor Ott. 4565 South Fox Street , Precinct No. 12; Mr . N o rman G. Marcotte, 4315 South Ka.l.amath Street, Precinct No . 12; Mr . and Mr s. Dewey F. Mi11er , 4730 South Logan Street, Precinct No . 16; Mr . Frank S. Reffa.l.t , 4 610 South King Street, Precinct No. 13 . Mr. and Mrs . Wa.l.ter Lostroh. 3435 South Emerson, appeared before C ouncil . Mr . Lostroh had received a 1etter notifying him that there wa s an ordinance which wou.l.d de.l.ete the 3400 b1ock o f South Emerson Street from Paving Di.stri.ct No . 21 and said he was h opefu.l. that the ordirul.nce wou.l.d be passed on f i..na1 reading. • • - - - - - 2 - Mr. Chr~s Crosby of Trout Unlimited, 4260 East Evans Avenue , appeared before C ouncil to present a p~oposa1 for developing the S o uth Platte River into an O pen Space are a as an alternative to channelization as proposed by the U n i t ed States C orps o f Enginee r s . Hr. Crosby, who is Chair~an o£ Trout Unl i mite d. note d that the d e v e lopment of an Open Space pro j ect as defined by the N i xon administrat i on wou1d be in c o ncert wiLh what the City o f Littleton was proposing to do. While the Bureau of Outdoor Recreatio n and the Department o f Hous ing and Urban Deve lopme nt mig h t contribute towards the pro ject, the c ruc~al condition , he staLe d , was 1oca1 support. I£ the City were to strongly e ndorse the idea and tak e steps towards implementing a p1an to develo p this alte rnative to channe1izat1on, th~n the United States Corps of Engineers wou~d take the project serious~y . Mr . Robert w aver, a1so of Trout Un1imited , stepped forward to show a map of the proposed pro j ect . He n o t e d that Eng1ewood and Litt1eton were just a sma11 section of the Greenbe1t netwo rk . An additio na1 use of the property might be as an urban transit corridor . Mr. Weaver stated that they had esti- mated that the 1and acquisition costs o f the pro3ec t from where the Litt1eton proposa1 1eaves off to West Oxford Avenue wou1d be betw een 2 .5 and 3.5 mi11io n do11ars . H e stated that without reauthorization the Corps o f Engineers c o u1d use their share o f money which was reserved for channe1ization f o r £1ood p1ain deve1opment. Mr. W aver emphasized that the above costs inc1uded such items ~& re1ocat~on and d pree1at~n - Counci1man Schwab asked what Denver •s reaction to the project was . Mr. Weaver exp1ained that there was some possibi1ity of an exchange of 1and thro ughout the Auraria pro Ject which wou1d 1end itse1f t o a min~um amount of Open Space deve1opment by the rai1road yards , but that for the most part the river through Denver was a1ready channe1ed . Mr . Dia1 stated that much of the river 1and through Eng1ewood w as a1ready in a state of destructio n un1ike the property further south in Litt1eton. C o nsequently, the property in Eng1e~ood needed t o be purchased and then beauti- fied as opposed to m re1y beLng acquired f o r preservation . He inquired o f Mr. Weaver i£ this additio na1 c o st o f ~provLng the property in addition t o acquiring it had been pro ject d in their figures . Mr. W eaver stated that it had not . Counci1woman Henning asked Mr . Weaver exactly what he and Hr. Crosby were rcquest1ng of the C o uncil ~ and Hr. Weaver stated that he wou1d 1ike for the City to ~vestigate this Open Space proposa1 as an a1ternative t o channe1iz a - tion. Cha.nne1izati.o n he felt would not o n1y ruin 1..-.h vegetation and the fish habitat, but 1t would enco urage more po11ution and destroy the stream f or recreational uses. He did state that this proposal wou~d also be presented to the Sheridan C~ty C ounci1 . Mr. M. M. Summers , 3140 South D elaware Street . appeared before Council. He said that since his appearance befo re the Council at the 1ast meeting opposing "X -rated movies" in the City . he had been ove rwhelmed w ith 1etters and ca11s from the citizens of the community . He further stated tha he had never spent s o much time study1ng a subjec 1n his 1ife and that he had even g o ne to the xtent o f contacting City Attorney Bera rdi.ni. ~~d District Attorney Ga11agher . The District Attorney. he said, fe1t that an ord1nance could be passed . Mr. Summers noted that his own attorney al s o felt that the City cou1d pass an ordinance o utlaw ing the showing of these f i1ms . Xt was Mr. Summers• eonc1usion that if the City Council exerc ised c o nsidera.b1e care ~n ado pting a.n ordinance ou t1awing the sho"W in.g of ••x -rated tnOvies" within the Ci.ty, such legislatio n wou1 d be upheld by the courts . He indica t e d that there was a comm i ~tee o f five in addition to his w ife and himself organize d to s e e k this 1egis1ati on. H e stated that what they wanted was an ordina.JlCe which wou1d shut down a t..heatre sh eyo..~ing movJ..es o f this nature and that to do so it might be necessary to impose a fine o f $300 each t~me such a mov1e were shown along -ith a t h r~e -month 3ai1 sentence for each show ing. A jai.1 sentence he fe1t was necessar y because a fin did n o t deter o perators bent on showing these types o f m ovies . Mx . Summers expressed di.sp1easure w ith the newspaper f o r opposing his stand edi.tor1a11y . • -- \ ! ;. 1'32 X - • • • -3 - Mr. Eddie Specht, Manager of the Gothic Theatre, 3263 South Bro adway , indicated that he had -orked for the present management f or near1y eighteen years . The owners of the movi...e cha:Ln began showi.ng ••x -rated'' fi...1m.s, he stated, because there were few good "G , •• ''PG," and ''R'' features avai.l..a.bl..e. He congratu- l..ated the Cinderel..l..a City Cinema for advertising so extensi...vel..y a11 fi...l..ms rated ''PG." On the who1e , he stated , only the fi...~s rated "R" c oul..d be considered a real.. drawing card . He expl..ai...ned that features rated ''R'' were open to al..l.. persons, even youngsters, and yet i...n hi...s o pinion they c o ntain just as much f o ul.. l..anguage as his pictures . His admission price --$3 .50 to $5 .50 --serves to keep out persons o f undesi...rabl..e character . As a matter o f fact, he noted that in the past two years it had been necessary to ca11 the Po1~ce o n o nly t wo o ccasio ns . He indicated that his establishment was do~ng a service to the c o mmunity of Englewood in that they refer people to ~ario us eating establishments within the c ommunity. Showing the type o f fi~~s his fixm specializes in is d o ne as a matter o f eco nomic necessity . Outside of Walt Disney productions, he fe1t O ""rler would sta..rve to death on ''G'' rated pictures_ He stated that the courts have uphe1d the showing of these fiLms pri..rn.a.ri1y because they c o u1d n o t define "pornography." Councilman Schwab asked Mr . §c ~e;;s 1£ he would be willing t o move his fi.Lms to the Webber Theatre , 119 South Bro adway, Denver. Mr. Specht indicated that he o nly d .o es as the management directs hi..m.. Mr. Schwab further inquired if he {Mr . Specht) had ever owned the Santa Fe Theatre . Mr. Specht stated he had not but that at o ne time for a period o f appro xLmate1y six months he had d o ne s ome part -time work on Fr idays , Saturdays and Sundays _ C o unciLman Bro wn asked why the age limit had been dropped fro m 21 t o 18 years f o r admittance t o these shows . Mr. Specht answered that he had merely received a directive from the managem ent t o allo w 18-year o lds t o attend. Mr. Bro'W'Tl asked if business had continued to i...ncrease during the past two years o r i£ it had reached a s table plain. Mr . Specht said there was n o c o ntinued increase , that it had reached a stab1e plain . C o unci1man Schwab expressed his fee1ing that the reason the judges have n ot upheld o rdinances prohibiting the shO"ttJ i..ng of ••x -rated •• movies is that they d o not have the ••guts •• to hand down a ru1i...ng opposing these fi.~ms and h e further stated that he did not approve o f what Mr. Specht was d o ing. Mr. Specht countered that Mr. Schwab entitled to his o pinion and that he respected that right . The minutes o f t h e Pub1ic Library Board meet ing of March 14, 1972 , received f o r the reco rd . The minutes o f the Planning and Zoning Comrni.ss:i.on m.eet i.ng of February 23, 1 9 72, were received for the record. The minutes of the Workab1e Pro gram Citiz ens • Committee meeting o f March 2, 1972 , were received for the record . The minutes o f the Board of Adjustment and Appeals meeting o f February 9 , 1972, were received f o r the record. T h e minutes o f the Parks and Recre ati o n Commission meeting of March a , 1972, w ere received for the record. . ,. ', I '!" II • • I' 32X I • • • • -4 - The £inancia1 report for the month of February, 1972, was received for the record. Mr. Stanley H. Dial, City Manager, presented a request to vacate a 16 foot easement on the north side of the property at 4005 South Jason Street , known as the A1dretti property~ in order that a garage could be constructed w~th a driveway utilizing the land n ow restricted by the easement . The easement in question is bounded by Kalamath on the west and Jason on the east . being the north 16 feet of Lot 11, oxford Heights . Second Fi1Lng . Mr. Dial s tated that in order to grant the easement . he would recom- mend that the north 30 feet of the a foot casement across the west 1Lne of the property be dedicated to the City. This would give the necessary rjght-of-way which would permit the alley to be paved t o comp1ete extensio n o f the a11ey ~est to South Ka1amath Street through approximate1y the center o f the right -of - way for West Nassau Avenue. CX>UN"C.I:LMAN SCHW'AB MOVED, COUNCILMAN LAY SECONDED, THAT THE CXTY ATTORNEY BE DIRECTED TO PREPA.RE A BILL FOR AN ORDINANCE VACATING THE EASEMENT IN T .HE NORTH 16 FEET OF LOT 11, OXFORD HE.IGHTS , SECOND FILING , SUBJECT TO THE DEDICATl:ON OF THE NORTH 30 FEET OF THE 8 F0<Yr UT:I:LXT¥ EASEMENT ON THE ALDRETTI PROPERTY . Upon he ca11 of the ro11, the vote resu1ted as fo11ows: Ayes: Counci1 Members Brown , HennLng, Lay , Schwab , Senti. Nays: None Absent: Counci1 M embers B1ess~ng, Dhor ity . The Mayor dec1ared the motion carried . Mr . D~a1 presen ed a memorandum fro m the P1anning and ZonLng C~ission requesting that an easement be vacated in the n o rth 16 feet of Lot 12 , Oxford Heights, Second Fi1ing. The purpose of the vacation is to per~t the owners, Mr. and Mrs. C o n-ay B1evLns , to construct a garage o n their property. They have not been ab1e to d o so previo us1y because o f this 16 f oot easement. Mr. D1 a1 noted that the difference between this and the above c ons idered request is that there was n o a11ey invo 1ved. COUNCIL~ LAY MOVED, COUNCILMAN SCHWAB SECONDED , THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE A BILL FOR AN ORDINANCE WHICH WOULD VACATE THE 16 FC>OT EASEMENT OF LOT 12, OXFORD HEIGHTS , SECOND FILING. Upon the cal.1 o f the ro11 , the v o te resu1ted as f o1l.ows: Ayes: C ounc11 Members Bra-n, Henning , Lay , Schwab , S enti . Nays: N o ne Absent: Counc11 Members B1essing , Dhority. The Mayor dec1a r ed the motion c arried. Mr. D1a1 presented co1ored p1ctures o f the canvas awning encroach ing on City pro perty at 3460 South Bro adw ay , the H1 F1 Fo Fum Music Company . He indicated that this was sLmil.ar to other requests which had been previous1y presented except that in this case the awning w ith attending po1es encro aching on City property had a1ready been insta11ed without prior know1edge or approva1 o f the City . Upon the advice o f the D epartment of Community Deve1o pment, certain structural. changes had been made to the awning and, therefore, the Board o £ Adjustment and Appea1s was requesting that the Counci1 grant this request ex _post facto. Counci1man Lay questioned whether a sign such as the one painted on the awning was permissilbl.e under the Municipa1 Code . City Manager Dia1 suggested that the encroachment coul.d be approved with the provision that the sign on the a-ni.ng be removed . • \ r ~ • • r 32 x - - - - - -5 - CX>UNC1LM.AN LAY MOVED ~ COU1:&CILM.AN SCHWAB SECONDED, THAT THE ENCROACHMENT OVER CrrY PROPERTY AT 3460 SOt.rrH BROADWAY • HX FX FO FUM MUSIC COMPANY , FOR AN AWNING BE GRANTED PROVXDING TKAT SAID ENCROACHMENT COM PLY WITH ALL STANDA..R.DS OF THE BUILDING DXV1SION AND THAT NO ADVERTISING BE AL.LCJIW'ED ON SAID AWNING. Upon the ca11 of the ro11 , the vote resulted as fo11o-s: Ayes: Council Members Brown, Henning , Lay , Schwab , Senti. Nays: None Absent: Council Mambers B1essLng, Dhority. The Mayor declared the mot1on carr1cd. Councilman Lay stated tnat he would like the City Attorney to advise the Council whether these signs could be permitted on an awning encro aching over City rights-of -way. City Manager Dia1 presented a memorandum from the Board o£ Career Service Commissioners in which the Board asked to b relieved o f responsLbi1ity to recommend to Council. by May 1 of each year a pay pl.an . Mr . Dial. indicated that this ord.1.nance was ~i.tt.en in 1.958 before negotiat~g with C~ty emp1oyee groups was a real..1.ty . Under the process today it is v~rtua11y Lmposs~l.e for th~ Board to pl.uy an active rol.e in eval.uating a pay p1an because accurate sal.ary s at~stics cannot be ga~hered and presented Ln a meaningful. form pr~or to the May 1. deadl.i..ne. In additio n , for the Board to enter activel.y Lnto the negotiating practice via a review of the pay pl.an l.o nger real..1.stic. Counc1l.man Schwab f l.t that it might be appropriate to review the entire Charter and the Municipal. Code in order to el.iminate al.l. simil.ar pro vi - sio ns which were o ut of date . Counci.l.ma.n Lay said that an ordinance a..mendi..ng the Board • s re.sponsi- bil.ity was necessary because they were no l.o nger i..n a position to pl.ay a meaningful. rol.e in the negoti.atLng process. COUNCILM.AN BRI:JWN MOVED , COUNCILWOMAN HEN!-IING SECONDED , THAT THE CITY ATTORNEY" BE DIRECTED TO DRAW UP A BILL FOR AN ORDINANCE WHICH WOULD DELETE SECTION 5 -2 -3 OF THE MUNIC IPAL CODE . Upon the ca11 o f the rol.l., the vote resul.ted as fol.l.ows: Ayes: C ouncil. M.e.mbers Bro wn . Henning, Lay , Senti . Nays: Council. Member Schwab . Absent: Council. Members Bl.essi..ng, Dhor ity . The Mayor decl.ared the mo i on carried. Counc11awa.n Lay the•-1 suggested that the Board of Career Service Commissioners rev1ew th Counci1 "s action to recommend a provis.1.on to take the p1ace of the.1.r pr sent rol.e as spel.1ed out in Section S-2-3 of the Code . City Manag r Dia1 said that i£ at a11 possLb1e, he woul.d prefer to meet with the Boa ~d to see what kind of a rol.e they sho ul.d pl.ay, that perhaps it was appropriate for them to be appe11ate or fact -finding board. City Manager Dial. stated hat he woul.d 1ike to depart fro m the agenda. He indicated that the County Road and Bridge Fund monies avail.ab1e for the City amounted to $49,000. In the past the City has used this money a1most entire1y for seal. c oating streets the second year after they were ~ed through a paving district~ and ~o overl.ay other streets w hich w ere much o1der . The seal. coating this year as proposed by the Public Works Director woul.d amount to $1.6 ;000 whil.e the o ver1ay wou1d amount to $1.5 ~400 for a t ota1 pro~ect o f $31 ,400 . • \ ! 'f -- - - - - - -6 - City Manager D~a1 presented a memorandum f rom the Public Works Director proposing replacement of certain concrete on East Eastman Avenue _ When the street was constructed in the ear1y 1950"s the curb walk that was insta11ed was a non -c onforming type which had a 4 inch drop from the gutter lip to the flow line instead of the standard 2 1nches . This excessive drop prohLbits installa- tion o £ curb cuts or the overlay ing of the street as automobiles drag their bumpers or bounce unusua11y hard o v~r this gutter section. It was the recommenda - tion o f the Public Works Directo r tnat since the entire amount o f curb work was non-conforming~ that it be r~moved and replaced w ith the property owner paying only for that portion which required replacement due to condition or settlement ~ and that the City pay for the re~aLnder o f the ~mpr o vement through the County Road and Bridge Fund. Mr. Dia1 indicated hat he was not ready to recommend this proposa1 but would 1ike the Council to give it consideration for action at a 1ater date . COUNCILMAN LAY MOVED~ COUNCILMAN SCffi'llAB SECX>NDED ~ THAT THE PR:>POSED PRI:>G.RAM OF SEAL COAT AND OVERLAY AS SET FORTH IN THE ME..HORANDUM FROM THE DIRECTOR OF PUBLIC WORKS TO THE CITY MANAGER DATED MARCH 3 1 1972~ BE PERFORMED AT A TOTAL COST OF $31,400. Upon the call o f the roll, the vote resulted follows: Ayes: Council Members Brown , Henning . Lay . Schwab, Senti . Nays : N o ne Absent: Council Members Blessing , Dhority . The Mayor dec~ared the motion carried . BY At.r.I"R:>.R..ITY ORDINANCE NO . , SERIES OF 1972 AN ORDINANCE VACATING THAT ALLEY LOCATED ENTIRELY WITHIN BLOCK 6 ~ PREMIER ADDITION , CITY OF ENG-LEWOOD, ARAPAHOE COUNTY , CX>LOR.AIX:>, AND RESERVING THEREIN THE RIGHT TO INSTALL , MAINTAIN, OPERATE , REPA:r..R AND REPLACE THE SEWER AND WATER MAIN AND OTHER t.r.I"ILITIES NOW LOCATED IN SAID PUBLIC ALLEY. City Attorney BerardLni recalled that the Counci1 had d1rected that Mr. ChaLmerse Parker and Offices , Ltd ., sign an agreement f or the use of the a11ey should the South Lincoln Street/South Sherman Street alley south o f East Girard Avenue be vacated . Such an agreement has been signed he stated_ COUNCILWOMAN HENNING MC>VED , COUNCI.LMAN B.ROWN SECONDED ~ THA.T THE SOUTH LINCOLN STREET/SOUTH SHERMAN STREET ALLEY SOUTH OF EAST GI.RA..RD AVENUE BE VACATED . Upon the call o f the ro11, the v o te resulted as f o11ows; Ayes: C ouncil Members Brown~ Henning, Senti . Nays: C o unci1 Members Lay, Sch-ab . Absent: Council Members Blessing, Dhority. The Mayor declared the mo tion carried , but the ordLnance faL1ed . In response t o a questio n from C o unci1-oman Henn1ng in which she stated that anyo ne voting Ln favor o f the motion cou1d reintroduce the motion again. Counci1man Brown indicated that he definitely wanted the measure c o n - sidered agai-n_ BY AtrrHOR.ITY O RDINANCE NO . 9 , SERIES OF 1972 AN ORDINANCE AMENDING ORDINANCE NO _ 7 , SERIES OF 197 2, TO DELETE THE 3400 BLOCK OF SOUTH EMERSON STREET FA:>M PAVING DIST RICT NQ _ 21. ·• -- r 32xl - - - - - -7 - (Copied in fu11 in the officia~ Ordinance Book.) CX>UNCILMAN SCHWAB MOVED , COUNC:U:~AN LAY SECONDED , THAT ORDINAI>.~E NO. 9 , SERIES OF 1972 , BE PASSED ON FINAL READING AND PUBLISHED BY TITLE rN THE ENGLEWOC>D liERALD SENTINEL. Upon the call of the ro11, the vote resu1ted follows: Ayes: Council Members Brown , Henning , Lay, Schwab, Senti. Nays: None Absent: C ouncil Members B1essing, Dhority. The Mayor dec1ared the m o tion carried. Councilman Schwab noted that the next item o n the agenda, a Bill for an Ordinance popu1ar1y known as the AnLmal Control.. Ordinance , had been tabled at the meeting o f January 17 , 1972 , and suggested that it wou1d perhaps be best if Council would defer action unti1 it could meet with the Animal.. Control.. C o mmittee_ He also indicated that an o rdinance o f this nature wa s too controversial to c onsider when two members of the Council were absent _ Councilman Lay agreed, noting that the Hobby Breeders licensing pro vision should be given considerable study it would undo ubtedly be difficult pro vision to enforce . By common agreement, Council moved t o the next item on the agenda. Introduced as a Bi11 by C oun ci~man Lay , A BILL FOR AN ORDIN.ANCE AMENDING TITLE XV •G9 E .M.C., BY ADDING DEFINITIONS, INCREASING THE APPOINTED MEMBERSHIP TO THE WATER AND SEWER BOARD , ESTABLISHING DATES E"'R THE DELINQUENCY OF WATER BILLS , MAKING PROVISION FOR NOTICE OF SHUT-QFF AFTER D ELINQUENCY; ABOLISHING ''VACANCY I SPECTION'' CHA.RGES o INCREASING CHARGES FOR WATER TURN-oFF O R TURN-QN SERVICES ; At.rrl-DR.I.ZING Ct.rr~FF FROM MAIN TO BE PERFORMED EITHER BY A STATE LICENSED AND BONDED PLUMBER OR C ITY WATER DIVISION PERSONNEL; REQUIRING SERVICE PIPE TO CONFORM TO THE UNIFORM BUILDING CODE SPECIFICATIONS AND STANDA-RDS; DISCONTINU~G THE SALES OF CERTAIN MATE.R.IALS BY THE WATER Dl:V l:Sl:ON; REQUIRING ALL CONNJX:- Tl:ONS WITH THE Cl:TY WATER SYSTEM TO BE MADE BY STA TE LICENSED AND BONDED PLUMBERS AND REPEALING ALL O RDINANCES OR PARTS OF O RD INANC ES IN CONFLICT HERE\'1/ITH . City At torrey Berardini. briefly rev:i.e-ed the Bi..11. f o r an Ordinance Revising XV of the Ci.ty Code relating to the water o peratio n . City Manager Dia1 n o ted that this was primar~1y a house-c1eaning type o f o rdinance a1thouqh there were two p r ovisions he would 1ike t o especia11y draw t o the Counci1 "s ~-entio n . First, this ordinance wou1d eventua11y e1Lminate the City practice of keeping an invento ry of p1umbing items needed to make water and se-er installations from the main to the h o use . Whi1e the City wou1.d c o ntinue to maintain an invento ry of meters, he felt it was n o longer necessary f o r us to carry an invento ry of these other items . Sec o nd ~ this o rdinance would raise the de1inquent charge ~here it was necessary to turn o ff custo mers • water and then later resto re service from $1 .00 t o $5.00 . This he stated ""'ou1d be in c onformance ""'i..th th requirements o f the surrounding cities . COUNCI ~ LAY l-tOVED, COUNC ILMAN SCHWAB SECONDED , THAT THE BILL FOR AN ORDINANCE REVISING TITLE XV OF THE CITY CODE RELATING TO THE WATE R OPERA - TION BE PASSED ON FIRST READING AND PUBLISHED IN FULL IN THE ENGL.EW'OOD HERALD SENTINEL. Upon the ca11 o f the r o1 1 , the vote resulted as f o 11ows: •• -- I' 32X I - • • • • -a - Ayes: Council Members Brown, Henning , Lay, Schwab , Senti . Nays: None Absent: Council Members Blessing , Ohority. The Mayor declared the motion carried . City Manager Dial introduced Mr . Carl Zeno n, an intern working with the City under a pro gram sponso red by the Internat~onal City Management Association in conjunction with the Denver Regional Council o f Governments . Mr. Zeno n , he stated, is studying f or a Master •s D egree at the University of Denver in Public Administration and his w o rk with the City wi11 serve as the practical applicatio n of his studies . RESOLUTION NO . 15 , SERIES OF 1972 A RESOLUTION REQUESTING THE I-DUSING AND HOME FINANCE ADMINISTRATOR TO RELIEVE THE CX:TY OF ENGLEWCX>D OF ALL LIABILITY UNDER AGREEMENT PREVIOUSLY ENTERED INTO • (Copied in full in the official Resolutio n Boo k .) City Manager Dial discussed the reso lution which would relieve the City o f a11 liability under a $20 ,000 planning l o an granted to the City in 1962 by the Housing and Home Finance Administration . This planning advance of $20 .000 is for the s o-ca11ed Hoskin s Storm D rai..nage Study. Since very 1itt1e o f thei.r proposal had been c o nstructed and because a new sto rm drainage plan had been prepared. the 1Lke1ihood o f the City c o ntinuing under the Hoskins proposals wa s remote . This resolution would relieve the C~ty o f any 1i.abi1ity f o r the payment o f this $20 ,000 except f o r $89 .55 which represented the proportionate amo unt of the advance related t o the public work c o nstructio n in acco rdance with the plans prepared with the loan. COUNCILMAN SCHWAB MOVED, COUNCILMAN LAY SECONDED , THAT RESOLtrriON NO . 15 , SERIES OF 1972 , BE A PPROVED AND ADOPTED . Upon the ca11 o f the r o11, the v o te resulted as f o 11ow s : Ayes: Cou.nci.1 Members Brown , Henning , Lay , Schwab , Senti . Nays: N one Absent ~ Counci.1 Members Blessing , Dhori.ty . The Mayo r declared the motion carried . City Manager Di.a1 discussed a memorandum fro m the Assistant City Manager relating to the proposed program f o r the enforcement o f the ordinance pro hibitLng private refuse receptacles fro m being placed o n public thorough - fares . He further explained that a n o tice advising a11 pro perty o wners o f the reasons f o r Council ado pting thi.s o rdinance and the method f o r enfo rcing same would b~ sent in the near future . RESOLUTION NO. 16 , SE RIES O F 1972 RESOLtrriON AUTHORIZING THE FILING OF THE APPLICATION FOR A GRANT TO ACQUIRE AND D EVELOP OPEN SPACE F O R A ''G REENBELT -P ARK'' (WES T HARVARD G ULCH) WITHIN THE CITY OF ENGLEWCX>D, COLORADO . (Copied in fu11 ~n offi.ci.a1 Reso1ut~on Book.> • !. • \! r 32X ____ _. __________________ ~------ • - - - - - -9 - C~ty Manager Dia~ discussed the reso1ution authorizing the filing of the application for a grant to develop the Greenbelt area in Northwest Englewood. He noted that at the 1ast Counci1 meeting a s~1ar resolution was approved in the amount of $206 ~000 p1us $50 ,000 for relocating a11 persons displaced in the proJect. According to the Department of Housing and Urban Development, Mr_ Dia1 stated that it now appears that $66 ,000 shou1d be reserved for re1ocation . The proposed resolut ion wou1d a1so include $7 ,800 for bicyc1e and hiking paths to be constructed throughout the proposed Greenbelt. He noted that we wou1d need approximately $50 ,000 more than the $90 ,000 budgeted ~ the Pub1ic Improve- ment Fund £or the Gr· ~~1t program and that if the reso1ution were approved~ a supplemental approp~~ L~on would have to be approved by the Counc~1 at a later date. There was s ome dLscussion as to whether or not bicycle paths necessary . Mr . Dia1 suggested that the Counci1 vote first on whether or not to inc1ude bicyc1e-hiking paths and then vot on the rest of the reso1ution . This he stated wou1d not place the entire reso 1u ion in ~eopardy. COUNCZLWOMAN HENNING MOVED~ COUNC:I:LMAN BROWN SEC:Of.\o"DED ~ THAT BICYCLE- HI.K...ING PATHS BE INCLUDED IN THE GREENBELT PROJECT. Upon the ca11 of the ro11 ~ the vote resulted as f ollows : Ayes: Council Members Brown ~ Henning ~ Lay ~ Senti . Nay&: Council Member Schwab . Absent: Council Members B1essing ~ Dhority. T h e Mayor declared the mot~on carried . COUNCILWOMAN HENNING MOVE D~ C OUNCILMAN BROWN SECOt~DED , THAT RESOLUTION NO . 16 ~ SERIES OF 1972 ~ BE APPROVED AND ADOPTED. Upon the ca11 o f the ro11 ~ the vote resulted as f o 1 1ows: Ayes : Cou.nci.1 Members Bra-n ~ Henning, Lay~ Schwab . Senti. Nays: None Absent: C ouncil M embers B1essing , Dh o rity . T h e Mayor declared the motion carried . City Manager D ia1 presented a reso lutio n which would grant a utility easement to the Pub1 i c Service C ompany f o r rero uting a gas 1~ne t o the p1ant . RESOLUTION NO . 17 , SERIES OF 1972 RESOLt.rriON At.rrHOR..IZING GRANT OF UTILITY EASEMENT REQU:I:RED BY PUBLIC SERVICE COMPANY OF COLORADO FOR GAS LINE TO THE CITY • S SEWER PLANT_ (Copied in fu11 in the official Resolution Book .) COUNCILMAN SCHWAB MOVED~ COUNCILMAN LA)( SECONDED, THAT RESO Lt.TriON NO. 17 , SERIES OF 1972 , BE APPROVED AND ADOPTED_ Upon the ca11 o f the ro11 , the vote resu1ted as f o 11ows: Ayes: C ounci1 Members Brown , Henning~ Lay , Schwab, Senti . Nays: None Absent; Counci1 Members Blessing ~ Dhority. The Mayor dec1ared the ~otLon carried . • -.. - • • • • -10 - City Attorney BerardinL noted that before the Greenbel..t project cou.l.d receive favorab.l.e action by the Department of HousLng and Urban Deve1opment, Council.. ~ou1d have to set forth its l..and acquisition po1icy and present an appropriate reso1ution which Ln effect woul..d show the City •s wi11Lngness to make a reasonab1e effort to acquire the property before instituting negotiation proceedings. RESOLUTION NO . 18, SERZES OF 1972 RESOLUTION STATING THE LAND ACQUISITION POLICY IN NORTHWEST ENGLEWOOD FOR A GREEN -BELT PARK (WEST HARVARD GULCH) IN NORrHWEST ENGLEWOOD , COLORADO. {Copied in fu11 in the official.. Resol..ution Book .) COUNCILWOMAN HENNING MOVED, COUNCILMAN SCHW'AB SECONDED, THAT RESO- LUTION NO. 1..8, SERIES OF .1.972 , BE APPROVED AND ADOPTED . Upon the cal..l.. of the ro11, the vote resul..ted as f ol..l..ows: Ayes: Counci1 Members Brown~ Henning~ Lay ~ Schwab. Senti. Nays: None Absent: Counc11 Members B1essLng ~ Dho rity. T h e Mayor dec1ar ed the mo tio n carried. City Manager Dia1 noted that the re1ocation requirements in the Greenbe1t area were extensive compared with some of the other projects the City had conducted in the past . X£ at a11 possible~ he fe1t it wou1d be he1pfu1 to draw upon the experience of the Denver Urban Renewa1 Authority which had been thro ugh this pro cess o n a number o f occasions. Therefore, he advised the Counci1 that he might attempt t o secure an agreement with DURA for their assistance in the pro ject . Counci~n Lay asked the City Attorney to research whether or not chi1dren p1ayLng on the streets cou1d be issued a citation . He noted that because there was a lack of parks in his district , it was not uncommon t o find chi1dren p1aying in the streets and that they had been told by the Po1ice Department to discontLnue such activities . City Attorney Berardini stated he would investigate the matter . Counci1man Lay asked the City Attorney to research the pro blem o f placing signs on marquees and awnings placed over the public right of way. The City Attorney stated he wou1d do Councilwoman Henning said she would like the Council to consider the South P1atte Open Space proposal as presented by Trout Unlimited at a coming study session . She stated that she was n o t interested in having a comp1ete study of the situation made at this tLme but merely f or the Counci1 to discuss the question to see if it interested in pursuing it any further . Councilwoman HennLng asked the City Manager to verify whether the City o f L1tt1eton has instituted a po1icy of paying the entire paving district a.s.sessntents . Counci1woman H ennLng stated that in her research of Robert's Ru1es of Order , motion to table 1asts o nly until the next nteetLng and that if the item is not taken up at that meeting, it dies and can be reintroduced at that tLm _ City Attorney Berardini said h e wou1d research the question further _ ·• • • • • • -11 - Counci1man Bro-n suggested that the Planned Development District ordinance be removed from the table. Cou.nci.1ma.n Schwab expressed the fee1.i..ng that it shou.1d be de1ayed unti.1 the Council had time to discuss it in depth. It was not brought from the table . COUNC:r.LMAN SCHWAB MOVED, COUNCILMAN LAY SECONDED , THAT THE MEETJ:NG BE ADJOURNED. Upon the ca11 of the ro11, the vote resulted as fo11ows: Ayes: Cou.nci.1 Mem.bers BrOW"n, He.n.n.i.ng, Lay, Schwab, Senti. Nays: None Absent: Council Members Blessing, Dhority. The Mayor declared P.M . • • '32x lr - - - - - COUNCIL C HAMBERS c rry c~/; ~!LC fAD --· • T I?~cuM:E:N-w CIT¥ OF ENGLEWOOD ~ COLORADO MARCH 27 , ~972 -..! cou SPEC IAL MEETING: Crr--y OF" ei:.:GL._£-·c F'/L '.;. "'"Ooo. c o The City Council o f the City o f Englewood , Arapahoe County , C o lorado, met in special session Monday , March 27 , 1972 , at 8:00P .M., Ln the C o unci1 Chambers , City Ha11, Englewood, Colorado. The fo11owing was the Notice of Ca1~ for the meeting: NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, MARC H 27 , 1972 7:30 P .M. T he City Council of the City of Englewood , Arapahoe County , Colorado, is hereby c a11ed to a special meeting at the Englewood City Ha11, 3400 S o uth E1ati Street , to c o nsider the f o 11owing agenda: 1ic hearing t o c o nsider the assessments o £ Paving District No. 20 . (List of the streets and a11eys in the Paving D istrict and c o pies o f the letters o f pro test received trans~itted here- with .) /s/ STA NLEY H . DIAL City Manager SHD/ij ACXN"OWLE.DG.EMENT OF .RECEIPT O F NOTIC E The f o 11ow ing perso ns , a11 Council membe r s o f the City of Englewood, do hereby acknow ledge receipt o f notice o f the above special sessio n: /s / Elmer E . Schwab /S / Da11a s Dho rity /S / M ilton E . Senti /s/ Howard R . Brown /S / Pau1 Blessing /S/ Judith B . Henning /S/ John .:J . Lay Mayor Senti, presiding, ca1 1 ed t h e meeting t o o rder and a sked the City Clerk t o explain why the meeting wa s being held at 8:00 P .M. opposed to 7:30 P .M. Mr . Wi11iam L. McDivitt exp1ained that the letters to a11 affected pro perty own ers n o tifying them of the hearing had indica ted that the meeting would be at 8:00 P.M . On the other hand , the resolution (Reso lutio n No. 9 , Series o f 1972) ca11Lng f or the public hearing had set the t~e f o r 7:30 P .M. If the meeting were he1d at 7~30 , those persons re1y~g on the ~cet~g being he1d at 8:00 P .M. as set forth in their letters would run the risk o f not being present when their particu1ar ~pr o vement came up f or discussion . Therefore , it was the City Attorney 's feeling that the meeting sho uld be he1d at 8 :00 P .H. Mr . McDivitt indicated that at 7 :30 he made an anno uncement that those persons already in attendance should n o t lea ve before the Counc i l convened at 8:00 P~M- Mayor Senti then asked f o r roll ca11 . Upon the ca11 o f the ro1 1, the f o 11owing were present: C o uncil Members Blessing, Bro wn , Dhority, Henning , Schwab, Senti. Absent ; C ounci1 Member Lay. T he Mayor declared a qu o rum present . \ I '! -- I' 32 X I - • • Also present ~ere: • -2 - City Manager Dial Assistant City Manager McD1vitt City Attorney Berardini COU CILM.AN DIIORITY MOVED . COUNCl...LMAN SCHl!VAB SECONDED , THAT THE PUBLIC HEAR.J.NG TO CONSIDER THE A5SESSMENTS FOR PAVING DISTRICT NO . 20 BE OPENED. Upon the call of the r oll, the vote resulted as fo11ows: Senti . Nays: None Absent: Council Membe r Lay _ The Mayor declared the motion carried. and the public hearing opened at 8:05 P .M. (A tape recording o£ the public hearLng is on file with the off1c ial records .) Listed below ar~ tho se individuals who appeared before City Council and the letters of protest which ~ere rece1ved. City Manager Dia1 not~d that for thirteen years the City had c o nducted an annual paving .i...mpro vement program ~ith the except.io n of o ne summer. He noted that the staff prepares a preliminary list of streets and o ther Lmprove - ments to be included in the pro posed district and Lhat this report is f o r-arded t o him and then t o the C o uncil . The C o uncil in turn holds a hearing after appr o pria~e advertisement to hear a11 comments , either pro or c o n . about the district . F o 11o wLng the public hearinq , Counc11 adopts an ordinance creat1ng the d.Lstrict. Paving Distri ct No. 20 . he n oted. ~ould have $385.000 o f the costs paid by the pro perty o wners benefit~ng from the impro vements wh ile the City would pay $108,000 . The CLty 's share is to cover such items as intersectio n paving , di ch crossings , etc . The City Manager indicated that bids f or c o nstructio n are advertised and that a contract 1s let t o the ~o-est and best b~dder . In addition to the c o ntract c o st . other e~penses , inc~uding cngineer1ng assessment c o mputat1o n and interest durLng c o nstructio n . are included in the cosr of the district . He further e xplained that tho se perso ns paying part o~ a1~ o f their assessments on or befo re May 22 . 1972 , wou1d rece~ve a 5 perc ~ disco unt . Perso ns choosLng to do so c o uld pay the~r assessments o ver a ten -year period at an interest rate of 5 percent . At any rate . the first payment due on January 1 , 1973 . does n o t include interest . Pub11c t"'orks Directo r Kc11s Waggoner out1:Lned the metho d used in c o mputing assessmen costs . He n o ed that no assessments were made f o r curbs , gutters , and Sid -alks in place. ~hi.ch c o nforme-d 'W'ith the plans a...nd specifica - tio ns for the proposed ~provements and which were acceptable to the City Eng1necr. He also noted chat the c o s~o~ ~mpro ving street intersections throughout the Dis~r1ct and o f paving in excess of 300 f oot w1d chs and 1/B .Lnch th1cknesses on stre ts desLqnated a~ arter~a1 within residentia1 zoning as of January 4. 1~71, were t o be pa~d by the City_ Most o f the assessments in the d~stricts were of a fro nt -f oo t nature and cost S7.5I per fro nt f oot . He exp1a~ncd that the b~ds came in higher than expected . Hence , ~t wa s possible chat s o m owners received assessment higher than they had origina11y expected . Excavat1o n costs in part1cu1ar . he n oted , were c onsiderably higher than antic~pated . Mayor Senti then asked if any 1etters of protest had been received and /or if anyo ne present wi shed to speak o n the f o 11o-ing Lmprovements : 2000 Wcs Amherst Avenue (from South Tejo n Street to o ne -ha1f blo ck w est) The City Clerk ind~cated that no letters o f pro test had been received . ~o perso ns appeared in opposition. • . , . • • • r 32x - - - - - -3 - 400 East Amhe r st Avenue from S o uth Logan Street t o S o uth Pennsy1vania Street) The City C1~rk 1ndicated tha n o letters o f pro est had been received . No persons uppear d :Ln oppos_._ ~ i..on. 2000 West Baker A venue (bet:....,een S o uth Tejon Street and Sou.-h Zu.ni Street) M r . Ernest Bliss ~ 2060 W~st Baker , appeared an3 stated that a Ca1ifo rn.J..a t::ype curb had be .... n :i...nsta11ed on t.he s o uth sid of the street . Because th~s curb -a.s qenera11y ~ the shade, th~re was a tendency for ice to bu~ld up during h w~nt.er. H~ questio ned the advisab~lity o f p1ac~nq this type o f curO o n that side o f the sLree~. o n "t:.h Pub1.i.c Works Director Kells t~.a.ggoner noted tha't :l..Ce o ften bui1ds up uth s.i.de o.t-any s reet:: in Lhe Ci+-y . 21uo W-E::St. Ba..K-er Avenue (betweeJo. South Tej o n St:re~T-and S o uth Zuni Street) The City C1erJ-~ :t.nd~cocot"ed that ~lO 1e o f pr o ~est had been rece1ved . No perso ns appeared irt opposit" i on ~ 2200 West: Baker A venue (bet:~e~n Sou'th -~.,o n S'treet. and South Zun i Street:) The C1ty C1erk indicared that n o 1~~t~rs o f protest had been received . No perso ns appeared in o pp.os--.t ..... oc . 2300 We st Baker Avenue Cbe~-~ Sou~h T~ o~ SLrcet and South Zuni Street) The C1ty Clerk .1.nd~ca ed --hat n o 1et .. ers of protest had bee-n rece~ved . No persons appeared in o ~pos~L~on. 500 East Bates Ave nue (bet-een Sou h P~nnsy1van~a srreet and South Pear1 Street extended) The C~ty Clerk Lnd1catcd thaL n o 1etters o f protest had been r ece~ved. No perso ns appeared 1n oppo s~t:l..on . 600 East Bates Avenue <from eatit o f South Pearl S reet extended to Sout h Washington Street) The City C1 erk :1.n di.c a ted that: no letters o f protest had been rece.J..ved . No perso ns appe ared in oppoSLtio n . 700 ~ast Bates Avenu e (f rom Sourh WashLngto n Street to South C1arkso n StreeT) Th City C1erk :1.nd1cared t:ha n o 1 e ers o f protest had been rece~ved _ No persons appear· d 1.n o p_pos.i.t.i o n. _ 100 W est C orne 1 1 Avenu fr o m S o uth Acoma StreeL to South Banno ck Street) The C1~y C1~rk 1ndica~ed tha n o 1etters o f pro test had been rece~ved . N o perso ns appeared ~n opposit1o n.. 200 We st C o rne11 Avenue (from So~Th Banno ck Street t o S o uth Ch ero kee Street) The City C1 rk i.nd~cated ~hat n o 1etter s of protest had been received . No persons appeared ln oppo~:Lt~on . 30r West C orn e ~l Avcnu tro~ SouLh CheL o kee Street t o South De1aware S t r eet) The Ct.t:y Cl rk Uld_ca ed that: n o 1 etters of protest had been recei-ved. N o perso ns appeared ~n oppositio n . • II -- r 32xl - - - - - -4 - 400 West Corne11 Avenue (fro~ South De1awar Street t o South Elat1 Street) The City Clerk indicated that a ~ettcr had been received from Fern M. Cox , 2810 South Jay S~rcet , D nver, dated Ma r ch 22, 1~72 , and c opies transmitted C ouncil . No persons appeared in oppositio n . 500 West Corne11 Avenue (Crom Sou h E1ati... StrecL to South Fox Street) The City Clerk ind~cated that n o letters o f protest had been received. No persons appeared in o ppos~ti.on. 600 West C o rnc11 Avenue (from South Fox Street to South Ga1apago Street) The City Clerk indicated that a 1ettcr had been received Lr Benjamin P . NaLman , 4428 Sou h Ban~ock , dated March 21, 1972, and copies transmitted t o Council . No perso ns appeared i.n opposition . 800 East C orne11 Avenue (fro m South Clarkson Street to S outh Emerso n Street) Mr. Gary Patterso n , Attorney at Law , appeared o n behalf o£ Carolin e B . Weist , 835 East C ornell . Mr . Patterso n stated that Section 12-1 -8 of the Englewood Municipal Code specifically stated hat an owner must rec iv a benefit to his prop rty fro m an impro vement before he can be assessed for said improvement. This was not the case he felt with the Lmpro vement assessed t o the pro perty at 835 East Cornell . He r ferred to a letter dated Ma rch 2, 1~72 , addressed t o the City C1erk and wr~tten by John A. Criswe11, Attorney at Law . M r . Crisw e11 's 1ett r referred t o a c ourt case instituted by the City before the District Court against Caro1in B . Weis and Pau1 Wolf, Civil Actio n No . 2 9255 . In this case the City had c ondemned 10 teet o f property for roadway purposes and it w as th contention of the defendants that they sho uld be c o mpensated f o r a11eged accrued benefits now depr~ved them by 1oss o f th ~r property. City Attorney Berardini reca11ed the case and stated that th matter of bene£1ts wa s n o t at issue . He reca11ed that i• argu~ng the cas he had maintained that (1) because right -of-way on1y ha.l bc..:.eon requi...red and the C.Lty had not impro ved said right-of-way, no benefits could be assigned to the abutting property, and (2) that the remaining pro perty wh ile Ln the then proposed paving district had n ot y et been improved; therefore , the question of benefit accruing to the abutting pro perty was moo t ~ Mr . Berardini cited Mr . Criswe11 's 1etter o £ March 2, cspecia11y paragraph 2, wh i~h stated in p•rt: The proposed assessment is n o t based upon the benefits accrui.ng from th improvemen ts to the property i.nvo1ved and, indeed, it is the undcrs1gned 's understandina that ne~ther he administrative staff o f the City , no r City C o uncil , has, or w i11 , take any evidence o r inf ormat~on upon the increased va1ue o f this realty resu1t1ng from the c o nstructio n o f the impro vements invo1ved . Mr. Berardini inquired o f Mr . Patter s o n i...f he , Mr. Criswe11 , or eheir client had submitted t o Council any evidence w hich the Counci.1 had refused to hear . M r . Patterson indicated that no evidence had been presented. Mr. Bcrardini asked if he (Mr . Patterson) could sho w an Lncrease in th va1ue o f the property. Mr . Patterso n said he did n o t understand . Mr. Berardini referred again to the 1etcer saying that it was his interpret •r~o n that Mr . Criswell was implying that the C o unci1 refused t o hear any ev1dence as t o whether or not the va1ue o f the pro perty i...n questio n had been affected by the impro vement . Mr. Patterso n said that he (Mr . Crisw e11) o nly meant t o imply that the City 's method o f assessing pro perty o wners in the d1strict was based upon a mathemati.ca1 f o rmu1a and n o t benefit. He di...d n o t mean to imp1y that th Council ~as unwilling to hear test~ny relating to the pro perty va~ue . • \ '!' -- r 32xl - • • • -5 - C~ty Attorney Berardini then referred to paragraph 3 o£ Mr. Cr~s-e1L 's 1etter and cited the fo1~owLng 1n part: In any event . 1n that recent 1itigation 1nstituted by the City be~ore the Distr1ct Court in and for Lhe County of Arapahoe and State of Co1orado , entitl.ed "City of Engl..ewood .. Co1orado v. Caro1ine B . Weist and PauL Wo1f .. C1vi1 Action No. 29255." the spec.i.fi.c issue o f whether the property here i.nvo1ved wou1d be benefited at a11 by the insta11ati.on of these improvements was taken under consideration . with the resu1t that the court made a specific and unequi.vocab1e finding . based upon the evidence hen submitted . that the improvement invoLved conferred no benefits whatsoever upon this property. Mr . Berardi.n~ sa1d that the issue was whether or not the City was under an obligation to show evidence of benerits accruing to the property. The Court ruled; according to Mr . Berardini ~ that the City was not obligated to introduce evidence of ber.efit in order to set-off any award to Mrs. Weist. Mr. Patterson saJ.. that J..t was his interpretation that the Commi.ssi.oners had said that there was no value. Mr. Berardi.nJ.. stated that Judge Foo te had ruled that the C~ty was not requ1red to show whether there was any value . He said that the CJ..ty had the option o£ presenting evidence of an increase in the va1ue of the property as a result of the improvements but that it chose not to do so since the improvements had not been made at the time . Mr _ Berardini again asked Mr. Patterson if he had any vidence bearing on the qu stion of value accruing to the Weist property ; saying that if the client feels that the assess - ment is Lmproper, then the City should know the reasons why. Mr . Patterson stated that he did not know if there was any (benef1t) at a~l -He felt that it was quite possUble that there might be benef~ts accruing to property in general through such improvement d1stricts but that there wa s inequity to this particu~ar property owner . Mr. Berard~n~ asked M r . Patterson if he c ould show thJ..s. Mr. Patterson stated that he cou1d not. Mayor Senti interJected; saying that un1ess there were further po:Lnts to be made by either attorney~ 1t would be 1n the best interests of those attending the hearing to move on to the nex improve~ent on the agenda . Mr _ McDivitt announced that in addition ~o the letter from Mr _ Criswell a letter from Mr . John c. Ho1oubek; 3046 South Clarkson Street; dated March 20 ; 1972 , had been received~ and that copies o f both 1ct~ers had been trans~itted to C ouncil . 900 East Cornell Avenue (from South Emerson Street t o South Ogden Street) The City Clerk indicated that a letter had been rece1ved from Donald Weakland dated Ma rch 21 , 1972; and copies transmitted to Council . T he c~ty Clerk 1nd1cated that a letter had been receJ..ved from Elmco , Xnc .; 5050 South Emporia Street , dated Mar ch 17; 1972; and copies transmitted to Council . Mr. Donald Weakland appeared before Council and sa1d that if Emerson Street went through, he could see some benefit accru1ng to his property as a resu1t of the improvement . Because he did not front on the property . he said he could not see that he had received any benefJ..t from the improvement_ Public Works D1recto r Ke11s Waggoner ind~cated that Mr . Weakland had received a rear zone assessment and stated that the total ownersh:Lp of Mr . Weak1and"s property does have access. Mr. Weakland again stated that his property did not have access to pub.l1c street . Counci1ma.n. Schw a.]:) asked M :r. Weak.l.and if he c ou ld ge·t a driveway into his property and Mr. Weakland stated that he c ou1d not _ M r . Weakland then stated that approximate.l.y 98 percent o f the property owntrs aLong that particular street had been o p posed to the improve~ent in the first p1ace. How ~ he asked ; could the C ouncil go a .gainst the major1ty. ~,-----.. --------------------------..... ,. ............ ~~ ...... ~~ ...... ~ .. ~-.. '6~,..~ • • T 32 X I( - • • • • -6 - Mayor Senti.. said he appreciated Mr . Weak1a.nd appearing before the Counci~. Mr. Weak1and asked what he shou1d do next. Mayor Senti indicated the Counci.1 wou1d study the matter and make decision 1ater . 4700 South Decatur Street (from West Union Avenue to West Layton Avenue} The City C1erk indicated that a 1etter had been received from Windsor B . Wade, Jr ., 2903 W . Layton Avenue, dated March 17, 1972, and c op1es transmitted to Counci..1. Mr. Wade appeared and stated that apparent1y the machine operator had accidenta11y pu11 ed approximate1y ten feet of sidewa1k 1oose when he was doing the work and that he wa s , therefore, being bi11ed for an extra ten feet of sidewa1k i...mprove.ment. •• X should be b.i...11ed f o r 30 feet and n o t 40 feet ," he said. Mrs . May Ferguson, 2740 west un~on, appeared before Counci1 and asked why the City made a distinction bet-een front foot and side foot assessments and said that the only advantage she could see from the Lmprove- ment was that there -as a 1itt1e 1ess dust t o c ontend with than before . 4800 South Decatur Street (from West Layto n Avenue to Wes t Chenango Avenue) The City Clerk indicated that n o 1etters of protest had been received . No persons appeared in o ppositio n. 3300 South Lafay ette Street (fro m East Floyd Avenue to East Girard Avenue) The City C1erk indicated that n o 1etters of protest had been received. N o persons appeared in o pposition . 3400 South Lafay ette Street (from East Girard Avenue to East Hampden Avenue) The City Clerk indicated that n o 1etters of protest had been received. No perso ns appeared 1n o pposition. 000 West Lehigh Avenue (fro m S o uth Broadw ay t o South Acoma Street) The City C1erk ind icated that a 1etter had been received fro m s_ R . Andrews , Divisio n Real Estate Representative , C o ntinental Oil Company , 1755 Glenarm Place , Denver , dated March 2 1 , 1972 , and copies transmitted to Counci1 . No persons appeared in oppositio n. 100 West Lehigh Avenue (from South Aco ma Street to South Bannock Street) The City Clerk indicated that no letters of protest had been received . No persons appeared in opposition. 200 West L e hig h Avenue (from South Banno ck Street t o South Cherokee Street) The City C1erk indicated that n o letters of pro test had been received . N o perso ns appeared in o ppositio n. 300 West Lehigh Avenue (fro m South Chero kee Street t o S o uth D elaware Street) The City C1erk indicated that n o 1etters o f pro test had been received . N o persons appe a red i n o p positio n . 4600 South Linco ln Street (fro m East Tu£ts Avenue t o East Union A venue) The City Clerk indicated that n o 1etters o f protest had been received . . , . • • I' 32X I • • • -7 - No persons appeared in opposition. 000 West Ma.nsfi.el~d Avenue (from South Broadway to South Acoma Street) The City Clerk indicated that a letter had been received from Howard and Eve1yn Phi11~ps , 1031 PaLmer Road , Rockledge. Florida, dated March 1G, 1972, and copies transmitted to Council. No persons appeared in opposition. 100 West Mansfie1d Avenue (from South Acoma Street to South Bannock Street) 200 West Mansfie1d Avenue (from South Bannock Street to South Chero kee Street) 300 West Mansfie1d Avenue (from South Cherokee Street to South De1aware Street) 400 West Mansfield Avenue (from South De1aware Street to South E1ati Street) 500 West Mansfield Avenue (from South E1ati Street to South Fox Street) 3100 South Marion Street (from East Dartmouth Avenue to East Eastman Avenue) 2700 South Pennsy 1vania Street (from East Ya1e Avenue t o East Amherst Avenue) 3500 South Pennsy1van ia Street (from East Hampden Avenue to U .S . 285) 300 West Princeton Avenue (from S o uth Cherokee Street to South De1aware Street) 400 West Princeton Avenue (from South Delaware Street t o South E1ati Street) 500 West Princeton Avenue (from South Elati Street to South Fox Street) GOO West Princeto n Avenue (from South Fox Street to South Ga1apago Street) 700 West Princeton Avenue (from South Ga1apago Street to South Huron Street) 500 East Union Avenue (from South Pennsyl-vania Street t o South Pear1 Street) 600 East Union Avenue (from South Pear1 Street t o South Washington Street) 700 East unio n Avenue (fro m South washington Street t o S outh Cl-arkso n Street) GOO East Ya1e P1ace (from South Pear1 Street to about 125 feet east) A11ey bet-een S outh Broadway and South Lincoln Street -2700 block s o uth -East Yale Avenue t o East Amherst Avenue A11ey betwe en South Broadway and South Lincoln Street -2800 b1ock south -East Amherst Avenue A11ey betw een South Bro adway and S o uth Linco1n Street -2900 b1ock south -East Bates Avenue t o East Cornell.. Avenue A11ey between South Broadway and South LincoLn Street -4300 b1ock s o uth -East Quincy Avenue to East Radcliff Avenue A11ey between South Broadway and S outh Linco1n Street -4400 b1ock south -East Radc1iff Avenue to East Stanford Avenue The City C1erk indicated that no letters o f protest had been received on any of the above 1isted streets (c ommenc~ng with 100 West Man sfield Avenue) • No persons appeared in opposition re1ative to any o f the above mentioned streets. A11ey between South Acoma Street and South Broadw ay -4400 b1ock s ou th -East Radc1iff Avenue to West Stanford Avenue The City Clerk indicated that a letter had been received fro m J o hn w . Geiger , Jr •• C ounci1 f o r Agnes Mary Kinney. own er of property at 44 55 South Broadway , dated March 17 , 1972 , and c o pies transmitted to Cou.nci1. • • • 1'32X 1 - • • • -a - City Manager Dial. inquired of the City C1erk about a letter he (the Clerk) had distr1buted to Council prior to the meotLng. The 1cttcr according to the City Clerk was from an Effie McGuire, 1103 West Mathias, Roswell , New Mexico 88201, dated March 23, 1972. From her letter it was not apparent whether she was protesting a..n. i..mprovement in Paving District No. 20 or the proposed Paving District No. 21. City Attorney Berardini. said that the letter should be referred to the Engineering Department to determine which district it pertained to . Counci.1.ma.n Dhori.ty said that al.l. of the letters o f protest sho uld be referred to the Engineering Di.vi.si.on so that the specific protests c ould be studied. An unidentified woman from the audience asked Lf the Public Works Director could go over aga1n the costs o f sidewa1k improvements. Pub11c Works Director Ke11s Waggoner did so. COUNCILMAN SCHWAB MOVED, COUNCILMAN BROWN SECONDED , THAT THE PUBLIC HEARING BE CLOSED. Upon the ca11 o f the ro11. the vote resu1ted as f o~1o~s: Ayes: Counci1 Members B1essing, Brown, Dho.rity, Henning , Schwab, Senti.. Nays: None Absent: Counci.1 Member Lay. The Mayor dec1ared the motion carried, and the pub1i.c hearing closed at 9:15 P.M . COUNCILMAN SCHWAB MOVED , COUNCILMAN B.ROWN SECONDED, THAT THE MEETX.NG BE ADJOURNED. Upon the ca11 of the ro11, the vote resu1ted as f o11ows: Ayes: Counci.1 Members B1essLng, Brown, Dbority, Henn1ng, Schwab, Senti . Nays: None Absent: Counci.1 Member Lay. The Mayor declared the motion carried, and the meeting adjourned at 9:15P .M. • • • 1 - - - - INTRODUCED AS A BILL BY COL~C ILHA .. 'l LAY BY AUTHORITY :>RDINANCE NO. SERIES OF 1972 AN ORDINA.'ICE A!-::ENDING TITLE XV '69 E.N.C. > BY ADDING DEFINITIONS, INCREASI~G THE APPOINTED ME~lliERSHIP TO THE WATER AND SEWER BOARD, ESTABLISHING DATES FOR THE DELINQUE N CY OF WATER BILLS, MAKING PROVISION FOR NOTICE OF SHUT-OFF AFTER DELINQUENCY; ABOLISHING "VACANCY INSPECTION" CHARGES; INCREASING CHARGES FOR \..lATER TURN-OFF OR TURN-ON SERVICES; AUTHORIZING CUT-OFF FRON MAIN TO BE PERFORNED EITHER BY A STATE LICENSED AND BONDED PLUMBER OR CITY \..lATER DIVISION PERSONNEL; REQUIRING SERVICE PIPE TO CONFORM TO THE UNIFORM BUILDI NG CODE SPECIFICATIONS AND STANDARDS; DISCONTil\TUING THE SALES OF CERTAIN MATERIALS BY THE WATER DIVISION; REQUIRING ALL CONNECTIONS WI'IR THE CITY WATER SYSTEM TO BE MADE BY STATE LICENSED AND BONDED PLUMBERS AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGIEWOOD, COLORADO, as fo11o"'s: Sect~on 1. That Sect~on 15-1-1 of the C~ty Code entf..t1ed ''Oefi..n1..t:ions'' i.s hereby .a:Inended t:o read as fo11ows: 15.-1-1: DEFINITIONS As used ~ this t~t1e, the fo11owing words and phrases sha11 hav-e the fo11owing mean~gs: (a) C~ty: The C~ty of Eng1ewood, Co1orado, act~ng by and through its C~ty Counc~1 under the Home Ru.1e Charter Statutes and Ordi...nances of said CLty of Eng1ewood. (b) CLty Man~ger: Ch~ef admin~strat~ve off~cer of the C~ty of Eng1ewood .. (c) DLrector of Ut~1~t~es: The du1y des~gnated C~ty Off~c~a1 through whom the C~ty Counc~1 and the C~ty Manager may exercise their powers. (d) Water D~~sion: The sect~on of the Ut~1~t~es Department under and through which the municipa1 ~ater works system is operated under the direction of the C~ty Counci1, City Manager and Director of Uti1ities. -1- -- - - - - (e) - Wa~er System: A11 p1ant faci1ities and dis- tribution mains owned and operated by the City of Eng 1ewood. (£) Bonded P1umber: A person 1icensed as a Master P1umber under the 1aws of the State of Co1orado and under bond to the City as provided herein. (g) License: Sha11 mean the permission to use ~ater for the purpose specified in the autho~ty to use. (h) ~censee: Any person. corporation~ governmenta1 authority or agency authorized to use water under a 1icense. (~) Service P~pe: A11 p~ping 1awfu11y insta11ed between the water main (or an extension thereof) and the 1icensee's property 1ines. (j) Premises: A tract of 1&Dd wdth .bui1dings thereon. Sect~on 2. That Sect~on 15-2-1 of the C~ty Code enti.t1ed ••Board Esta.b1ished'' is hereby amended to read a..s fo11ows: 15-2-1: BOARD ESTABLISHED There is hereby est:ab1ished a Water and Sewer Board c:.onsi.-sting of the Mayor of the City, tw-o CounciLmen se1ected by the City Counci1, and six members appointed by the Counci1 from qua1ified taxpaying e1ectors, serving sLx over-1apping terms o£ six years_ A representat~ve from the City ~nLstratLon sha11 be appo~nted by the C~ty Manager to serve as an ex-officio, non-voting meD>ber. One """mber of the Board sha11 be appointed by the Counci1 to serve unti1 February 1, 1960; two members of the Board sha11 be appoLnted by the Counc~1 to serve unt~ 1 February 1. 1964 _ Thereafter, members of the said Board sha11 be appointed by the Counci1 for te~s of sLx years_ Counci1 members of said Board sha11 serve during their tenure. as such Cou.nci1men_ A11 ute.tnbers of the Water and Sewer Board sha11 be subject to remova1 by the Counc~1-The Counc~1 sha11 make appointments to fi11 vacancies for the unexpired terms . (Charter. §61; 1962 Code. §8.1) -2- • -- '32x - • • • • Sect~on 3. That Sect~on 15-3-17 of the City Code entitled .. De1i.nquent:: Water Bi.11s'' is hereby amended t:o rea.d. as fo11o-w-s: 15-3-17: DELINQUENT WATER BILLS Water b~11s on metered rates and schedu1ed f1at rates become de1i.nquent: thirty days after the date of the bi11ing_ Schedu1ed f1at: rates become delin- quent thirty days after the beginning of the quarter for ~hich they are rendered. Water is subject to turn-off without: notice whenever a bi11 therefor has become delinquent ; provided that the Water Division sha11 give a five day ~tten notice before act::~a11y turning off water for non-payment . Such notice sha11 be ~fect:ed by regular m~1 to the owner or occupant of the premises for which the charge is due. The obligation to pay promptly for water service is not in any way affected by fai1ure of the owner or occupant of the premises served to receive a bi11 for the service. ('1.962 Code •. ~8.6-6) Section 4. That Section 15-3-18 of the City Code entf..t1ed ''Refund of Charges•• is hereby amended to read as fo11ows: 15-3-18: REFUND OF CHARGES Refunds of schedu1ed charges wi11 be made for any portion of a property which sha11 have been vacant» provided such vacancy sha11 have been reported to the Water Division in WTiting and the vacancy inspection sha11 have been made. Refunds aha11 date from receipt of notice. Refunds sha11 a1so be a11owed in cases where services are turned off by the Water Division and proper charge for such turn-of£ sha1 ,_ have been paid. No credit: or refund aha11 be given for excessive consumption or use of water due to broken service 1ines or 1eaking fixtures beyond the meter when a meter is required. (a) In the event of excessive consumption caused by underground service 1ines broken beyond the meter, up to 507. credit for 1oss of water over norma1 consumption is recorded for s~1ar prior periods wi11 be given if a p1umber is under a contract to make repairs within 72 hours after discovery of such break. (1962 Code. 58.6-7) -3- • \ ! -r • • - - - - - S e c tion 5 . Th a t S e ct ion ~5-3-2 2 of t he City C o d e en t it:1e d "Cha r g es f or Tu rni ng O ff and On Water" is h e r e by amende d to r e ad as fo11ows: 15-3-22: CHARGES FOR TUR...'l"I N G OFF AND ON WATER In case a 1icense sha11 be revoked for cause, and for that reason the water sha11 have been turned off, a charge of $5.00 sha11 be made. If water turned off at the curb box by the Water Division is un1aw£u11y turned on, or caused to be turned on, by the ~ser. or if the waterway contro11ing the service is not readi1y accessib1e, the service may be cut off at the main by the Water Division. and before the water wi11 be turned on again the user desiring same on said premises sha11 pay the cost and expense of turning off and on inc1uding digging Ln the street and permit for cutting pave~ent . When a request is made by the 1icensee to have the water turned off. a charge of $5.00 sha11 be made for each such turn-off. (1962 Code •. §8.6-11) Section 6. That Section 15-3-32 of the City Code en.tit1ed "Tapping of Mai..ns" is hereby amended t:o read as fo11o-s : 15-3-32: TAPPING AND CUTTING OFF MAINS (a) The tapping of any =ain for the purpose of ~aking a connection sha11 be done on1y by the Water D~vis~on and at the expense of the app1icant. The corporation va1ve inserted ~n the ~ain and the service pipe to be 1aid must be of the sLze specified in the permit. ( 1963 Code • §4-2) (b) The cutting off fro= =ains =ay be performed by e~ther a 1ice~sed and bonded p1umber or by Water D~~sion personne1. In the event Wat~r Division personne1 perform the cut off and the t:ap is to be abandoned a charge of $25.00 wi11 be due from the app1icant. Section 7. That Section 15-3-33 of the City Code entit1ed ''Specifications for Service Pipe'' is hereby amended to read as fo11o-s: 15-3-33: SPECIFICATIONS FOR SERVICE PIPE Each service pipe =ust be of the fo11owing specifi- cations: (a) Copper pipe. A11 service pipe from the main to the property 1ine sha11 be not: 1ess than Type ''K'' soft copper tubing conforming to standard specifications. -4- • -- 1'32X • - - - (b) Cast iron pipe. Cast iron pipe sha11 be C1ass 150 c e ncr~fu g a11y cast. (c) Ga1vanized pipe. Ga1vanized pipe insta11ations are permissib1e fro m the property 1ine into and through premises. (d) The use of b1ack p 1pe 1n 1nsta11at1ons 1s proh1bited. (e) Service pipes sha11 extend into the premises or riser as specified. and in no case sha11 be SU1S.11er than 3/4'' dian:aeter. A11 si11cocks . fa~cets or hydrants used for irrigation pur- poses sha11 be fed through a 3/4,. pipe or 1arger. (1962 Code. §8.4-4) (f) Other ~ateria1s may be used on1y upon the expressed approva1 of the City Engineer or Director of Uti1ities. Section 8. That Section 15-3-34 of the C1ty Code ent:f..t1ed "Ma.t:eria1s to be Purchased From City'' is hereby amended to read as fo11o~: ~-3-34: MATERIALS TO BE PURCHASED FROM CITY In the case of perinan.ent::: con.nect::f..ons to the ~ns of the City water system~ the app1icant sha11 purchase from the Water Division the fo11owirig JDateria.1s: (a.) The corporation stop by which connection is made to the ~ain. (b) Water meter when requ1red. Section 9. That Section ~-3-52 of the C1ty Code ent:it1ed ''Work to be Done by Bonded P1UJDber'' is hereby amended to read as fo11ows: ~-3-52: WORK TO BE DONE BY STATE LICENSED AND BONDED PLUMBER A11 WC»rk in connect::ion wit.h water pipes or fLxtures connected to or to be connected to the water syste~ sha11 be done by a state 1icensed p1umber under bond to the City . (1962 Code. §8.4-3) Section 10. That a11 Ordinances and parts of Ordinances in conf1 i ct here~th are hereby express1y repea1ed • -5- • T 32X ----------~ .............................. ~------------~-------- • • • • • Introduced. read in fu 1 1 and passed on fina1 read~ng o n the 20th day of March, 1972. Pub1ished as a Bi11 for an Ordinance on the 23rd day of March. 1.972. Read by tit1e and passed on fina1 re a ding on the day of O e L.<.•"/ • 1.972. Publ.~shed by t ~tl.e as Ordinance N o . Seri e s of 1 9 72 o n the day o f 1.9 72 . Attes t: ex off~c~o C~ty Cl.erk I: • -=-~~---:-----:,...---....,..------• do hereby certify that the above and foregoing is a. true, accurate and com..p1ete copy of an. Ordin ance, pas sed on fi:na1 re ad.ing an.d pub1ished by t~t:1e as Ord~ance N o. -----• Ser~es of 1972. ex off~c~o C~ty C1erk -6- • \ ! ~ • • I' 32 X I -1. • • • A...."l ORor::.=. _ _:.:c=: .=...PP~o· .. :z:.:G ':":-;::=: :-.-::.:::-~=:: c os-:-c: ':"!-:::: I:-:..PROVE:-:.z::'::'s :-:.=-. .:JE r:: p,.:.._ .. _·z::G ==s72.IC -=' ::o . 21J ~ IN THE c=~·=-· c= E::G~.;:::-;2 c :::, CC=.C :\....;~0; .=.-..??~.C':!:XG AND C OXFI?...:-:I::G ":':i:E A??0~7IC:::.:z::".:" OF s.;=:::) C C ST TO EACH L07 OR T:r:t..;CT OF ~-;:-:=:') I~ snrn =>IS7RICT; ASSESSI :-:G ~ SE::..R.E OF s;;.zu CCST .:..GAI::s":" E..;;c;..: LOT OR TR;CT 0? LA~D I~ 7HE ~IST~I C T; ?~ESCRIB ­ XNG THE :-:.;::::ER FOR THE C C.!...LEC'TIO:-: n.X::> ?.n.Y:-:=:::T OF SAID ;;._ssESS:·lEXTS ; A....'-'0 DEC~XG A;; E:-:...ERGE~CY . WHEREAs, by Ordinance No. 7, Series 1971, fina11y passed and adopted on March 15, 1971, the City Counc i1 has created Paving D1strict No. 20, within the City of Englewood, for the purpose of constructing and insta11ing certain street and a11ey improvements therein; and WHEREAS. the improvements authorized by said Ordinance have been comp.l.eted and accepted by the City and the who.l.e cost of such ~provements has been determined; and WHEREAS, an assessment ro.l..l. has been prepared and a atate~ent showing the tota.l. cost of the Lmprovements has been du.l.y f~ed with the City Counci.l. and due notice ~as given that the City o0unci1 wou1d meet to hear and consider objections to the assess- ~t ro~.l. on Monday. March 27, .1.972, and that the owners of property named in said assessment ro11 might, on or before March 22, 1972, f~~e with the Director of Finance, in writing, his or their ob- jections to the assessments; and WHEREAS. the City Counci.l. has heard and considered a.l..l. ·objections to the assessment ro.l..l. and the fo.l..l.owLng changes and corrections were made: so - • • • • \ ! ;. r 32x -I • • • o--=:e r W .. J . Dri ve r Ad m . o~ V e~-A1~a~r s ~a shi n ~to~. D . C. 2 0 ~11 (2060 ~-B ake r Ave.) Ad a E . & A1 v a T. Su ~ers 5951 S. ~e v :~d a Litt1 et on . C o1orado 80120 W~11 ~am J . & D or o ~hv ~­ Brunne r & B en~amio P .. Na:f.ma o 4428 S .. Bannock Eng1ewo o d . Co 1 o .. 801 10 Caro~~n e B . Weist 835 E .. Cor oe11 Eag1ewood. Co1o. 80110 . Jobo C .. & Le na Ho1oubek -3046 S. C1arks on EDg1ewood. Co1o. 80110 A .. Har1an & L e ona R . Bo11 8500 W. Bow l.es A ve . L~ttl.eton ~ Co 1 o .. 8 0 123 .(3059 S . Ogden St.) -~adsor B. Jr .. & Mae Lenore Wade 2903 W. Layton Ave . Eng1ewood. Co1o .. 80110 llaye M .. Ferguson 2740 W. Union Eogl.ewood . Col.o .. 8011.0 Tb~rd Stoke 1 y Corp . c/o Contine ot31 O il. Co . Tax Dep t. 1755 G1 e n a r m Pl. .. Denver. Co1orado 80202 Howard & Eve1yn P b ~11~ps 1031 P a 1 me r Rd . Rock1 edge. F 1a . 3 2 955 (3900 S . Acom a St .) Agnes Mary K~nncy 706 S . ~ash~n g ton D e nve r. Co1 o r ad o 8 0209 (4455 S. B r oad w ay) • Lo:: E!cc;;. !3 -· -= ~ l.. •.· :.. :E :. C· -;. 13 3 S ou t.h l a · ... n G a rd ens -~nnex 23-3 S .G. Ra m 1ins 2 4 Ad d ition 1-2 2 Tay1ors Add . 3 2 Tay1ors Add. Beg . 16 • E o ~ SE cor o~ Lot 25 . Dobb ins R esu b ; th E 166~; th N 202.9~; tb w :1.66 •; th S 202.9• to beg_ 35-4-68 . .!.c;.l.o.-, D eni.cd Den i ed De n ied Denied Den i ed A tr . :l.o s wt o~ s wt o ~ NWl Den~ed o~ Sec. 35-4-68 D e sc. as comm . at a pt. on E 1 i ne o1 C1arkson St . 320.5• No~ E • W c e o . 1 i n e o~ sd . S e c . 35 ; tb E 143'; t h N 75'; tb W ~43•; tb S 75~ to pob being that part o~ b1k. 5 Evanston Bdwy Add . now vac. · N so• o~ S 100• o~ N 375• ~rom $100 o1 E 163• o~ B1k. 6 Evans-to $71 .43 too Bdwy A dd . no~ vacated ~a swt o1 ~~t ex. E 30' 35-4-68 18 28 Centennia1 Acres 4th F1g. Be~-190• W o1 NE cor o~ NW~ o1 SEt Sec. 8-5-68 ; tb. s 500.45'; tb w 286.4' tb N 7°32• E 508.7'; tb E 220• to beg. ex. sts. 8-5-68 25- 28 1-2 8 l. Ham. & K~11 ~e s Bdw y. Hts . Jacksons Bdwy. Hts . Deo~ed Den~ed 1 rom $3019.22 to $2658.96 Den~ed N 5• 16 Wo11enwebers Dcn~ed 37 & Bdwy Jlts . 38-42 2nd Add. • r · I \ ! ~ • • I' 32X - - - Cou:1.c i.1, i.t ~:::pca:::s t 2-.a ~ t:-.e w::ol.e coso::. o= sa.i.d i.:::pro· .. ·e:::e.:-:.ts is 1eav.i.r:.g .$384,338.85 c.o be assessed against the rea1 pro?erty in said District, said amount including costs of inspection, co11ecti.on and othe r i~cidenta~s and also i.nc1ud- Log interest as a11owed by law; and WHEREAS, froc said statement it a1so appears that the City COuncil has apportioned a share of the whole cost to each lot or tract of land in said District, in accordance with the benefits to be derived by said property and in the ·proportions and amounts aevera1~y set forth in a Resolution adopted by the City Council on the 22nd day of February, 1972, and in a public notice published ~ the Englewood Herald, which Resolution and Notice are by refer- ence made a p~ hereof; BE IT ORDAIXED BY THE CITY COUNCIL OF THE CITY OF ENGLE'I..rooo • COLORADO: section ~-That the whole cost and apportion ~en t or the aame, as set forth in said Reso~ution and Notice, and as amended herein, is hereby approved and confirmed, and said apportion~ent .i-a hereby dec.1a...red to be in acc ordance with the specia_.1 benefits ~ch the property in the District wi~1 receive by reason of the construction of said ~provements, and a share of said cost is here- by a .ssessed to and upon each .1ot or tract of 1a.nd within the Dis- trict in the proportions and amounts set forth in said Reso.1ut.ion aDd Notice, as amended. Section 2. That said assessments sha11 be due and pay- Ab1e at the office of the Director of Finance of the City of Eng1ewood, within thirty days after the f.ina.1 p~b1ication of this -82 -• \ ! -r • - I' 32X • • • • O rdinance, without der.:a:1.d; ::::ro· ..... -=e..:; t!":at a..!.1 suc h assess:::e:1:t:.s ~ay, at t he el..ect.i.on of the prope r ty O¥.t :'ler, be paid .i.n .i.!"lstaJ..1r:oe:-tts, with i n t erest as he r e.i.na~t e r p rovided . F ailure to p ay the whole asses sment s withi n said per i od of t h irty d a ys s ha 11 be con c1us .i.ve1Y. considere d and he1d an el..ect.i.on on the Part of a11 person s inte r- ested, w h eth er under d.i.sab.i.1.i.ty or otherwise , to pay .i.n such .i.n - sta11ments ... Such el.ect.i.on sha11 be conc J..us.i.veJ..y held and con- sidered a s a waiver of any r i ght to question the power or juris- diction of the C.i.ty of EngJ..ewood to construct the improvements, the qual..ity of t .he work, the regu1a..r.i.ty or suff:i.ci..ency of the proceedings, or the va1.i.d.i.ty or the correctness of the assessments, or the va1idity of the 1ien thereof. Zn the event of such e1ection to pay in insta11ments ~ the assessments sha11 be payab1e at the office of the County Treasurer of Arapahoe County, Colorado, i.n ten (10) equa1 an.nua1 i.nsta11ments of principal, the first of which insta11ments of pri.ncipa1 sha11 be due and payable on or before the 1st day of January, 1973, and tAe remainder of said installments sha11 be due and payab1e successively on or before the 1st day of January, ~ each year thereafter, unti1 paid Ln fu11, with interest on the unpaid principal at the rate of five per centum (5%) per annum, commencing on May 23, 1973, and payable each year at the time of paying insta11ments of pri.nci.pa1. Section 3. Failure to pay any i.nsta11ment, whether of principal or interest, when due sha11 cause the who1e of the un- paid principal to become due and payable immediately, and the who1e amount of the unpaid principal and accrued interest sha11 thereafter draw interest at the rate of one per centum (1%) per month, or 83 • • • • • • • by 1aw. At any ti~e pr~or to t ~e Cate o= t~e tax sa1e . t~e o~~er may pay t :r-.e a__-:-:ount of a.l..l. u:-:.pa.i.d instal..l.:nents wi.th .i.::terest at one p er cent~~ (1%) per month , or =raction of a ~onth , and a11 p enalties accrued and sha11 ther eupon be restored _ to the right therea f ter to · pay in i.nsta11cents i.n the same manner as i.f defau.l.t had not been suffered. The owner of any property not i.n defau.l.t as to any i.n - sta11ment or payment may. at any ti.me, pay the who1e of the unpaid principal. wi.th accrued interest to the date of the next assessment ~sta1Lment payment d ate . Section 4 . Payments may be made to the Director of Finance at any t~e wi.~hi.n thirty days af~er j the ·fi.na1 publ.icati.on of thi.s Ordinance, and an a.l.l.owance of fi.ve per centum (5 ~) wi.l.1 be ~ade on a.l..l. payments made during such period, but not thereafter. The discount of 5~ sha 11 ap?1Y to a11 such payments, whether the payment is the entire acount of assessment due, or a part of the a.ssessm.ent ... ~ediate1y after the expiration of such thirty day period, said assessments sha11 be certified to the County Treasurer 0£ Arapahoe County, Co1orado, for co11ection, as provided by 1aw. Section 5 ... That if any tract of rea1 property included within Paving District N~. 20 is hereafter divided or subdivided into two or more such tracts or parce1s, the Director of Finance, with the assistance of the Director of Pub1ic Works, is hereby authorized and directed to divide the assessment against such tract in the same proportion that the tract itse1£ is subdivided into two or more such parce1s, and to certify the revised assessments to the Treasurer of Arapahoe County, Co1orado. Sect ion 6 ... ~1 assessments 1evied against the rea1 prop- erty in Paving District No. 20, together with a11 interest thereon and pena lties f or d efault in payme nt thereof, and a11 costs in 84 • \ I ~ • • I' 32X - - - - co11ect~~g the s~~e, sha11 cons:itute, fro~ the date of the final pub1ication of this ordina~c e, a perpetua1 1ien in t~e severa1 amo~~ts assessed against each 1ot or tract o£ 1and. Such 1ien sha11 have priority o ver a11 other 1iens except genera1 tax 1iens, and sha11 be enforced in accordance with the 1aws of the State of Co1orado. Section 7 ... That if any one or more sections or parts of this Ordinance sha11 be adjudged unenforceab1e or .i.nva1id, such judgment s~a11 not affect, impair or .i.nva1.i.date the remaining pro- visions of this Ordinance, it being the intention that the various provisions hereof are severab1e. section 8. By reason of the fact that bonds of Paving District No. 20 are now outstanding and interest thereon w.i.11 •bo.rt1y become due and pa.ya.b1.e, funds must be made a.vai~ab1e from aa.essments at the ear1.iest possible date for payment of such in- terest, and for the ~ediate preservation of the pub1ic property, hea.1t.h, peace and safety, it is hereby dec1ared that an emergency exists and t .hat this Ordinance sha1.1 take effect upon its final passage ... section 9. A11 ordinances, or parts thereof, in conf1ict herewith are hereby repealed. This Ordinance, after its fina.1 pass- age, sha~1 be recorded .in a book kept for that purpose, sha11 be authenticated by the signatures of the Mayor and Director of Finance, and sha11 be pub1ished in the Eng1ewood Hera1d, a newspaper of gen- era1 circulation published in said City, within seven days after -85 v----------------------~------~~~~--~~.~~ • -- ~'32x - - - i..ts ~i.:-.a~ p:.assa.-:2, a:-:=. s:-:.a..:.l ~ a:-:.C =.-.::-a..:.:-: .irre;:-ea.l~b.:e 'l.,;:-:-::..i1 ~:-.e assess ~er.t s hereby rr.aCe sha11 be pa.id .in =~11. IXTR~::>UCED ~"::D ? . .:.:s:.s~D C!': FI?S-:" ~.=: . .:..::>:z:::G t t:!.s 3rc! Cay o:.- Apr:!.~. l 972 . Pub~1.sh ed as a b.:111 r or an ord1.!"la:-.ce on t:he 61:-.h d ay of' Apr:!.~, ~972. X, W:!.~~:!.a m L. McD~v:!.tt, do hereby cert:!.ry that the above and rorego~g ~s a true, accurate. and co~p1ete copy or a b.:1~1 ror an ord.:1nance .:intro duced , read .:in ru11, and publ.:ished ~n ru11 on the 6th day or Apr:!.~. ~972. 86 - -..:.. • \ 'f - - r 3 2x - - • - INTRODUCED AS A BILL BY COUNCILMAN ~. A BILL FOR AN ORDINANCE APPROVING T 'RE WHOLE COST OF THE IMPROVEMENTS HADE IN PAVING DISTRICT NO . 20, IN THE CITY OF ENGLE\~000, COLORADO; APPROVING AND CONFIRMI NG THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSI NG A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIB- ING THE 1'-l.A.NNER FOR THE COLLECTION AND PAYMENT OF SA..XD ASSESSMENTS; AND DEC.L.A..RING AN ~tERGENCY .. WHEREAS, by Ord~ance No .. 7, series 1971, fina11y passed and adopted on March 15, 1971, the City Counci1 has created Paving District No .. 20, within the City of Eng1ewood, for the purpose of constructing and inst.a11i-ng certain street and a..11ey improvements therein; and WHEREAS, the improvements authorized by said Ordinance have been comp1eted and accepted by the City and the who1e cost of such Lmprovements has been determined: and WHEREAS, an assess~ent ro11 has been prepared and a statement showing the tota1 cost of the ~provements has been du1y fi1ed with the City Counci1 and due notice was given that the City Counci1 wou1d meet to hear and consider objections to the assess- ment ro11 on Monday, March 27, 1972, and that the owners of property named in said assessment ro11 might, on or before March 22, 1972, fi1e with the Director of Finance, in writing, his or their ob- jections to the assessments: and WHEREAS, the City Counci1 has heard and considered a11 objections to the assessme.nt ro11 and the fo11owing changes and corrections were made: 80 - • • - T 32X • • • <>v.·ne :r W. J ~ D river Adm . o £ Vet. ri££airs Was hington. D. C . 204 11 (2060 W~ Bake r Ave .) Ada E ~ & A1v a T. S umme r s 5951 S . Ne v a d a L1tt1 e ton . Co1orado 801 2 0 W1111a m J . & Dorothy ~­ Brunner & B e n~amin P. Naiman 4428 s . B a n n ock Eng1ewood 7 Co1o. 80110 Caro1ine B. Weist 835 E. Corn e 11 Eng1ewood. Co1o. 80110 John C. & Lena Bo1oubek 3046 S. C1arkson Eag1ewood 7 Co1o. 80110 A. Har1an & Leona R. Bo11 8500 W. Bow1es Ave. L~tt1eton . Co1o. 80123 (3059 S. Ogden St.) W~ndsor B. Jr. ~ Kae Lenore Wade 2903 W. Layton Ave . Eng1ewood. Co1o. 80110 Maye M. Ferguson 2740 W. Union Eng1ewood. Co1o. 80110 Third Stoke 1y Corp. c/o Coot i n e n ~a 1 01..1 Co ~ Tax Dept . 1755 G1 e narm P1 . Denver. Co1orado 80202 Howard & Eve1yn Phi11ips 1031 Pa1mer Rd . Rock1edg e y F1a. 32955 (3900 S . Acoma St .) Agnes Mary Kinney 706 S. Washin g ~on Denver. Co1orado 80209 (4455 S. Broadway) • L o ~ B1ock Subdivision Ac~ion 1 3 3 S o u t:h 1 aw n D enied G ar d e n s An n ex 23-3 S.G . Ha m 1i ns D e ni e d 24 Addition 1-2 2 Tay1ors Add. 3 2 Tay1ors Add. Beg . 16• E o1 SE cor o1 Lot 25 . Dobbins Resub ; th E 166•; t:b N 202.9•; tb W 166•; t:h S 202.9 9 to beg. 35-4-68 Deni.od Denied Denied A tr. 1n SW~ o~ SWi o~ NWt Den1ed o~ Sec. 35-4-68 Desc. as comm. at a pt. on E 1ioe o1 C1arkson St:. 320.5' N o1 E • W ceo. 1ine o1 sd. Sec. 35; thE 143•; th N 75 9 ; t:h W 143 9 ; th S 75• to pob being that part: o1 b1k. 5 Evanston Bdwy Add. now vac. N so• o1 S 100' o1 N 375' 1rom $100 o1 E 163' o1 B1k . 6 Evans-to $71.43 ton Bdwy Add . now vacated 1o SWt o~ ~~t ex. E 30' 35-4-68 18 28 Centennia1 Acres 4th F'l.g. Denied Be¥. 190• W o~ NE cor o~ Denied NW~ o~ SEt Sec. B-5-68; tb. s 500.45'; th w 286.4' tb N 7°32' E 508.7'; thE 220• to beg. ex. sts. 8-5-68 25-8 Ham. & Ki11ies 28 Bdwy. Hts. 1-2 1 Jacksons Bdwy. Hts. N 5' 16 Wo11enwebers 37 & Bdwy Hts. 38-42 2nd Add. • 1rom $3019 .22 to $2658.96 Denied Denied ' ! 'f • • • • • • h~rtEAS, =ro~ t~e s:ate~ent ~~de and fi1ed with the City Cou~ci~, it ap?ears t~a: t~e whole cost of s aid i~provements is t he s ~~ of S493 ,148.95 , o~ whic h ~~ou nt t he C ity o f Englewood w~11 p ay $108,810 .10 1 eav i ng $3 B4,33B .BS to be assessed again st the real prope rty in sa i d D istrict, said amount including costs of inspe ction, co11ection and other incidentals and a1so inc1ud- ~ng inte r e st as a11owed by 1aw; and WHEREAS, f rom said statement it a1so appears that the City Council has apportioned a share of the who1e cost to each 1ot or tract of 1and in said District, in accordance with the benefits to be derived by said property and in the proportions and amounts aevera11y set forth in a Resolution adopted by the City Council on the 22nd day of February. 1972, and in a pub1ic notice pub1ished in the Eng1ewood Hera1dr which Reso1ution and Notice are by refer- ence made a p~t hereof; BE IT ORDAI~ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1-That the who1e cost and apportionment of the same. as set forth in said Reso1ution and Notice. and as amended herein, is hereby approved and confirmed, and said apportionment ~-hereby dec1ared to be in accordance with the specia1 benefits which the property in the District wi11 receive by reason of the construction of said improveme.nts, and a share of said cost is here- by assessed to and upon each 1ot or tract of 1and within the Dis- trict in the proportions and amounts set forth in said Reso1ution and Notice, as amended- Section 2-That said assessments sha11 be due and pay- ab1e at the office of the Director of Finance of the City of Eng1ewood, within thirty days after the fina1 pub1ication of this -82 • • • - - - Ord~nance, without demand; provided that a~1 such assessments may, at the e1ection of the property owner, be paid in insta11ments, with interest as hereinafter provided .. Fai1ure to pay the who1e assessments within said period of thirty days sha11 be conc1usive1~ considered and he1d an e1ection on the Part of a11 persons inter- ested, whether under disabi1ity or otherwise, to pay in such in- sta11.ments .. such e1ection sha11 be conc1usive1y he1d and con- sidered as a waiver of any right to question the power or juris- diction of the City of Eng1.ewood to construct the ~provements, the qua1ity of the work, the regu1arity or sufficiency of the proceedings, or the va1.idity or the correctness of the assessments, or the va1idity of the 1ien thereof- In the event of such e1ection to pay in insta11ments, the assessments sha11 be payab1e at the office of the County Treasurer o£ Arapahoe County, Co1orado, in ten (10) equa1 annua1 insta1~ents of principa1, the first of which Lnsta1~ents of principa1 sha11 be due and payab1e on or before the 1st day of January, 1973, and the rema~nder of said insta11ments sha11 be due and payab1e successive1y on or before the 1st day of January, in each year thereafter, u.nt.i..1 paid i..n fu.11, with interest on t .he unpaid pri.ncipa1 at the rate of five per centum (5%) per annum, commencing on May 23, 1973, and payab1e each year at the t~e of payinq insta1~ents of principa1- Section 3-Fai1ure to pay any insta1~ent, whether of principa1 or interest, when due sha11 cause the who1e of the un- paid principa1 to become due and payab1e ~ediate1y, and the who1e amount of the unpaid principa1 and accrued interest sha11 thereafter draw interest at the rate of one per centum (1%) per month, or 83 ---~---~----------------------~---------.--.---~~----~.~ .. -- T 32X • • • fractio n of a month, unti1 the date of tax sa1e, as provided by 1aw. At any t ime prior to the date of the tax sa1e, the owner may pay the amount of a11 unpaid ~nsta11ments with interest at one per centum (1 %) per month, or fraction of a month, and a11 pena1ties accrued and sha11 thereupon be restored _ to the right thereafter to · pay in insta11ments in the same manner as if de£au1t had not been suffered. The owner of any property not in defau1t as to any in- sta11ment or payment may, at any tLme, pay the who1e o£ the unpaid principa~ with accrued interest to the date of the next assessment Lnsta11ment payment date. Section 4-Payments may be made to the Director of Finance at any t~e within thirty days a~terthe ·fina1 pub1ication o f this Ordinance, and an a11owance of five per centum (5%) wi11 be made on a~1 payments made during such period, but not thereafter. The discount of S% sha11 app1y to a11 such payments, whether the p ayment is the entire amount of assessment due, or a part of the assessment . I~ediate1y after the expiration of such thirty day period, said assess~ents sha11 be certified to the County Treasurer of Arapahoe County, Co1orado, for co11ection, as provided by 1aw- Section S. That if any tract of rea1 property inc1uded within Paving District N~. 20 is hereafter divided or subdivided into two or ~ore such tracts or parce1s, the Director of Finance, with the assistance of the Director of Pub1ic Works, is hereby authorized and directed to divide the assessment against such tract in the sa~e proportion that the tract itse1£ is subdivided into two or more such parce1s, and to certify the revised assessments to the Treasurer of Arapahoe County, Co1orado. Section 6. A11 assessments 1evied against the rea1 prop- erty in Paving District No. 20, together with a11 interest thereon and pena1ties for defau1t in payment thereof, and a11 costs in 84 • • • • • • • co11ecting t h e same, sha11 constitute, from the date of the fina1 pub1ication of this ordLnance, a perpetua1 1ien in the severa1 amounts assessed agaLnst each 1ot or tract of 1and. Such 1ien sha11 have priority over a11 other 1iens except general.. tax 1iens, and sha11 be enforced in accordance with the 1aws of the State of Col..orado .. Section 7. That if any one or more sections or parts of this Ordinance sha11 be adjudged unenforceab1e or inva1id, such judqm.ent s h.a11. not affect, impair or i.nva.l..i.date the reutai.ni.ng pro- visions of this Ordinance, it being t h e intention that the various provisions hereof are severab1e. Section 8 .. By reason of the fact that bonds of Paving District No .. 20 are now outstanding and interest thereon wi.11 short1y become due and payab1e, funds ~ust be made avai1ab1e from assessments at the ear1iest possib1e date for payment of such in- terest, and for the ~ediate preservation of the pub1ic property, hea~th, peace and safety, it is hereby dec1ared that an emergency exists and that this Ordinance sha11 take effect upon its fina1 passage. Section 9. A11 ordinances, or parts thereof, in conf1ict herewith are hereby repea1ed. This Ordinance, after its fina1 pass- age, s .ha11. be recorded in a book kept for that pu.rp<:>se, sha.11 be authenticated by the signatures of the Mayor and Director of Finance, and sha11 be pub1isbed in the Eng.1ewood Hera.1d, a newspaper of gen- era1 circu1ation pub1ished in said City, within seven days after -as - • • • I' 32 X I - - - - its £in a1 p a ssa g e , and sha11 be and rema in irrepea1ab1e unti1 the assessme nts hereby ~ade sha11 be paid in ru11. I NTRODUCED AND PASSED 0~1 :!"I RST READi l\.'0 t h:i.s 3 rd day o r Ap r :1.1 , l972 . Publ.l..she d a s a b.:1.1l.. t:or an ord1.nance o n the 6th day o f' Apr1J., 1 9 72 . I, W.l..11~am L. McD ~v1 tt, do hereby cert1t:y that the above and t:orego~g ~s a true, a ccurate, and complete copy ot: a b.:1.11 for an ord .l..n a nce .:i ntroduced, read .l..n f'u11, and publ.l..shed .l..n fu11 on the 6th day o r Apr1 1, 1972. 86 - • • •; \ ! ;. '32xl • • • • XNTRODUCEO AS A BILL BY COUNCILMAN A BILL FOR AN ORDI NA!"CE APPROVING THE WHOLE COS T OF THE IMPROVE ~:E~JT S !'•!ADE I ~ PAVING DISTRICT NO. 20, IN THE CITY OF E :_.ii GLE\4000, COLORADO; A.PPROVI~G AND CO NFIR..~a::G THE APPORTIONME:\IT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSI ~G A SHARE OF SAID COST AGAI N ST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIB- ING THE HAN~ER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING ~~ ~'~RGENCY. WHEREAS, by Ord~nance No. 7, Series 1971, fina11y passed and adopted on March 15, 1971, the City Counci1 has created Paving District No. 20, within the City of Eng1ewood, for the purpose of constructing and insta11ing certain street and a11ey improvements t .here i.n ; and WHEREAS, the improvements authorized by said Ordinance have been comp1eted and accepted by the City and the who1e cost of such ~provements has been determined; and WHEREAS, an assessment ro11 has been prepared and a statement showing the tota1 cost of the Lmprovements has been du1y f~ed with the City Counci1 and due notice was given that the City Counci1 wou1d meet to hear and consider objections to the assess- ment ro11 on Monday, March 27, 1972, and that the owners of property named in said assessment ro11 might, on or before March 22, 1972, fi1e with the Director of Finance, in writing, his or their ob- jecti.ons to the assessments; and WHEREAS, the City Counci.1 has heard and considered a11 objections to the assessment ro11 and the fo11owing changes and corrections were made: so - • • • ~'32x • • • ~·ner W. J . Dr iver Adm . o£ Vet. A~£airs Washington. D. C . 20411 (2060 W. Baker Ave.) Ada E. & A1va T . Su~ers 5951 S. Nevada Litt1eton ~ Co1orado 80120 Wil..l..iam J. &. Dorothy :\t. Brunner & Benjamin P- Naiman 4428 s_ Bannock Eog1ewood~ CoJ..o_ 80110 Caro1ioe B . Weist 835 E. Coroe11 Eog1ewood , Co1o. 80110 John C. & Lena Ho1oubek 3046 S. C1arkson Eug1ewood, Co1o. 80110 A_ Harl..an &. L ·eona R. Bo1l.. 8500 W. Bowl..es Ave. Littl..etOD 9 Col..o. 801..23 (3059 S. Ogden St.) Windsor B. Jr. &. Kae Lenore Wade 2903 W. Layton Ave. Eog1ewood , Col..o. 801..10 Kaye M. Ferguson 274.0 W. Union Eogl..ewood, Co1o. 80110 Third Stoke1y Corp. c/o Continental.. Oil.. Co. Tax Dept. 1755 Gl..enarm Pl... Denver. Col..orado 80202 Howard & Eve1yn Phi11ips 1031 Pal..mer Rd. Rock1 edge. F1a. 32955 (3900 S. Acoma St.) Agnes Mary K~nney 706 S . Washington Denver. Co1orado 80209 (4455 S . Broadway) • Lot: B1ock Subdivision Act: ion 13 3 South1awn Denied Gardens Annex 23-3 S .G. Ham1ins D enied 24 Addition 1-2 2 Tayl..ors Add. Deni..od 3 2 Tay1ors Add. Denied Beg. 16' E o£ SE cor o~ Denied Lot 25 , Dobbins Resub ; th E 166'; th N 202.9'; th W 166"; tb S 202.9• to beg. 35-4-68 A tr. ~n swl o£ swt o£ NWt Den~ed o£ Sec. 35-4-68 Desc. as comm. at a pt. onE 1ine o1 C1arkson St . 320.5' No£ E ~ W cen. 1ioe o1 sd. Sec. 35; t:b E 143'; th N 75•; th W 143•; ~h S 75• to pob being that part o1 bl..k. 5 Evans~on Bdwy Add. now vac. N so• o1 S 100• o1 N 375' ~rom $100 o1 E 163' o1 B1k. 6 Evans-to $71.43 t:oD Bdwy Add . now vacated ~o swt o£ NWt ex. E 30" 35-4-68 28 Centennial. Acres 4th F1g. Deni..ed De~. 190' W o1 NE cor o1 NW~ o1 SEt Sec . 8-5-68 ; Denied tb. s 500.45'; tb w 286.4'; tb N 7°32" E 508.7"; tb E 220• to beg. ex. sts. 8-5-68 25-8 Bam. & K~11~es 28 Bdwy. Bts. 1-2 1 Jacksons Bdwy. Hts. N 5" 16 Wo11enwebers 37 & Bdwy Hts. 38-42 2nd Add. • 1rom $3019.22 to $2658.96 Denied Denied • • r 32x • • • • WHEREAS~ fro~ tr.e state~ent ~~de and fi1cd ~ith the City Counci1, it appears that the ~hole cost of said i~provements is the s~~ of $493,148 .95, of which amocnt t he City of Englewood wi11 pay $108,810 .10 leaving $3B4,338.8Sto be assessed against the real property in said District, said amount including costs of inspection, collection and other incidentals and also includ- ing interest as a11owed by 1aw; and WHEREAS, from sa id statement it also appears that the City COuncil has apportioned a share of the whole cost to each 1ot or tract of land in said District, in accordance with the benefits to be derived by said property and in the proportions and amounts severa.11y set forth in a. Resolution adopted by the City COu.nci.1 on the 22nd day of February, 1972, and in a pub1ic notice pub1isbed ~ the Eng1ewood Hera1d, which Reso1ution and Notice are by refer- ence made a part hereof; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 .. That the ~ho1e cost and apportionment of the same, as set forth in said Reso1ution and Notice, and as amended herein, is hereby approved and confir~ed, and said apportionment ~a hereby dec1ared to be in accordance with the specia1 benefits which the property in the District wi11 receive by reason of the construction of said Lmprovements, and a share of said cost is here- by assessed to and upon each 1ot or tract of 1and within the Dis- t.ri..ct in the proportions and a.m.oun.ts set forth in said Reso1ut.i.on and Notice, as amended. Section 2 .. That said assessments sha11 be due and pay- ab1e at the office of the Director of Finance of the City of Eng1ewood, within thirty days after the f.i.na1 p~b1.i.cat.i.on of this -82 • • • ~'32xl - - - - Ordinance, without demand; oroviCed that a11 suc h assess~ents may, a t t he e1ec t ion of the property owner, be p aid in insta11ments, with int e r e s t as he r einaft er p rovid ed. Fai1 u re to p ay the who 1 e assessment s w i thi n sa i d p e r ~od of thirty day s sha11 be conc 1u s ive1~ considered and he1d an electi on on the Part of a11 p e rsons int er- ested, whether under disability or otherwise, to pay in such ~n­ sta11ments. Such e1ection s h a11 be conc1usive1y he1d and con - sidered as a waiver of any r i ght to question the power or juri s- d~ction of the City of Eng1ewood to construct the ~provements, the qua1ity of the work, the regu1arity or sufficiency of the proceedings, or the va1idity or the correctness of the assess~ents, or the va1idity of the 1ien thereof. rn the event of such e1ection to pay in insta1Lments. the assessments sha11 be payab1e at the office of the County Treasurer of Arapahoe County. Co1orado • .in ten (.1.0) equa1 an.nu.a1 insta1l...me.nts of principa1. the first of which insta1Lments of principa.l. sha1.1. be due and payab1e on or before the 1st day of January. 1973. and the rema.i.n.der of said insta11ments sha11 be due and payab1e successive1y on or before the 1st day of January. in each year thereafter. unti1 paid in fu.l..l.. with interest on the unpaid principa1 at the rate of five per centum (5%) per annum. commencing on May 23 • .1.973. a..n.d payab.l.e each yea...r at t .he ti..me of paying insta11ments of pri..ncipa1. Section 3 . Fai1ure to pay any insta.1.1ment. whether of princi.pa1 or .interest. when due sha.l..l. cause the who1e of the un- paid pri.nci.pa1 to become due and payab1e ~edi.ate.l.y. and the who.l.e amount of the unpaid pri.ncipa .l. and accrued interest sha.l..l. t h ereafte r draw inte rest a t the rate of one per centum (.1.%) per month. or 83 • -- • • • • fraction of a m onth, unti1 the date of tax sa1e, as provided by 1aw. At any time prior to the date of the tax sa1e, the owner may pay the amount of a11 unpaid insta1Lments with interest at one per centum (1%) per month, or fract ion of a month, and a11 pena1ties accrued and sha11 thereupon be restored . to the r ight thereafter to pay in insta11ments in the same manner as i f defau1t had not been suffered. The owner of any property not in de£au1 t as to any in- sta1~ment or payment may , at any tLme, pay the who1e of the unpaid principa1 with accrued interest to the date of the next assessment insta1~ent payment date. Section 4. Payments may be made to the Director of Finance at any tLme within thirty days after the fina1 pub1ication of th~s Ordinance, and an a11owance of five per centum (5%) wi11 be made on a11 payments made during such period~ but not thereafter- The discount of 5% sha11 app1y to a11 such payments~ whether the payment is the entire amount of assess~ent due~ or a part of the assessment-nmmediate1y after the expiration of such thirty day period~ said assessments sha11 be certified to the County Treasurer of Arapahoe County~ Co1orado~ for co11ection~ as provided by 1aw- Section 5-That if any tract of rea1 property inc1uded w~thin Paving District No. 20 is hereafter divided or subdivided Lnto two or more such tracts or parce1s~ the Director of Finance~ with the assistance of the Director of Pub1ic Works~ is hereby authorized and directed to divide the assess~ent against such tract in the same proportion that the tract itse1£ is subdivided into two or more such parce1s~ and to certify the revised assessments to the Treasurer of Arapahoe County~ Co1ora do_ S ection 6. Al1 assessments 1 evied against the rea1 prop- erty in Paving District No. 20~ together with a11 interest thereon and pena1ties for defau1t in payment thereof~ and a11 costs in 84 • • • - - - - • co11ect~ng the same, sha11 const~tute, from the date of the fina1 pub1ication of this ordinance, a perpetua1 1ien in the severa1 amounts assessed agaLnst each 1ot or tract of 1and ... Such 1ien sha11 have priority over a11 other 1iens except genera1 tax 1iens, and sha11 be enforced in accordance with the 1aws of the State of Co1orado ... section 7 ... That if any one or more sections or parts of this Ordinance sha11 be adjudged unenforceab1e or inva1id, such judgment sha11 not affect, ~pair or inva1idate the remaining pro- visions o£ this Ordinance, i t being the intention that the various provisions hereof are severab1e ... Section a ... By reason of the fact that bonds of Paving District No ... 20 are now outstanding and interest thereon wi11 ahort1y become due and payab1e, funds ~ust be made ava~1ab1e from assessments at the ear1iest poss~b1e date for payment of such ~n ­ terest, and for the ~ediate preservation of the pub1ic property, bea1th, peace and safety, it is hereby dec~ared that an e~ergency exists and that this Ordinance sha11 take effect upon its fina1 passage. section 9. A1~ ordinances, or parts thereof, in conf1ict b.erew·i..th are hereby repeal..ed. This Ordinance, after its final.. pass- age, sha1l.. be recorded in a book kept for that purpose, sha11 be authenticate d by the s~qnatures of the Mayor and Director of Finan~e, and sha1~ be pub1ished in the Eng1ewood Hera1d, a newspaper of gen- eral.. circul..ation pub1ished in said City, within seven days after -as - • \ ~ • • I' 32X • • • • its fina1 passage, and sha11 be and remain irrepea1ab1e until the assessments hereby made sha11 be paid in fu11. INTRODUCED AND P A SSED ON FIRST READING th~s 3rd day o r Apr~l . 1972. Pub1.1..shed as a b:1.11 ror an ord.1..na.nce on the 6th day o r Ap r~l. l972 . /;:;:n z.wl~ YOR I, W.1..11.1..am L. McD.1..v .1..tt , do hereby cert:1.fy that the above and rorego.1..ng .1..s a true, accurate, and complete copy o~ a b.1..11 ror an ord .1..nance .1..ntroduced, read 1n ru11, and pub1.1..shed .1..n t:u11 on the 6th day o' Apr''• >972.~ ~-· 86 - • \ <f • • T 32X - • • • • Crry C~·F ... F l.r-I A L '"") UMENT' ·-.., /_ c,co u· ..__._ .. W OMAN INTRODUCED AS A BILL BY COUNCI~ Ty O F C "GL -·• .:; FILE C:: ... Ooo. COLO.. HENNING A BILL FOR AN ORDINANCE VACAT ING THE EASEMENT IN THE NORTH ~6 FEET OF LOT ~~. OXFORD HEIGHTS, SECOND FILING, ARAPAHOE COUNTY, COLORADO. WHEREAS. there present1y exists an easement ~n the north 16 feet of Lot 11 , Oxford Heights, S e cond Fi1ing, 1ying in the NE 1/4 SE 1/4 of Section 4, TSS, R68W, of the 6th P.M., Arapahoe County, Co1orado; and WHEREAS, neither pub1ic necessity nor convenience requires continued maintenance of this easement; and WHEREAS, the P1anning and Zoning Commission of the City of Eng1e~ood has heretofore recommended that the easement be vacated, subject to the dedication of the north 30 feet of the 8 foot uti1ity easement on the west 1ine of the property described above; and WHEREAS, said dedication has been made by deed under date of March 27. 1 97 2. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD, COLORADO, as fo~~o-s: Section 1. That the fo11o~ng described ease~ent 1ocated within the City of Eng1ewood. Arapahoe County. Co1orado. be and the same is hereby vacated. to-wit: The north 16 feet of Lot 11. Oxford Heights. Second Fi~ing, ~ying in the NE ~/4 SE ~/4 of Section 4. TSS. R68W. of the 6th P.M .• Arapahoe County. Co1orado. Introduced. read in fu11 and passed on first reading the 3rd day of A pri..1 197 2. Pub1ished as a Bi11 for an Ordinance on the of A pri1 1972. Attest:: ex~ I, that the above copy of a Bi~~ ~972 . 6th day • • - • • INTRODUCED AS A BILL BY COUNCI~Wc;O:::.MAN==...:HENN==c:X:.oNG=----~.:..:..."'--....:.;~-­C <Z>u Ctry O F A BILL FOR ·~GL.L -F1 L E -ceo. C oLo AN ORDINANCE VACATING THE EASEMENT IN THE NORTH I 6 FEET OF LOT I2. OXFORD HEIGHTS. SECOND FILING. ARAPAHOE COUNTY. COLORADO . WHEREAS, there present1y ex~sts an easement in the north 16 fe et of Lot 12, Oxford Heights, Second Fi1Lng , Iy~ng ~n the NE I/4 SE I/4 of Sect~on 4. TSS. R68W. of the 6th P.M., Arapahoe County, Co1orado; and WHEREAS , no pub1ic purpose ~11 be served by the retention of che ease-ment; and WHEREAS, the P1anni.n g and Zoning Co~ssion of the City of Eng1ewood has heretofore recommended that the easement be vacated. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. as foiio""'' Section 1. That the fo11o~ng described easement 1ocated ~thin the City of Eng1ewood, Arapahoe County, Co1orado, be and the same is hereby vacated, to-~t: on the The north 16 feet of Lot 12, Oxford Heights, Second F1I1ng. Iy1ng 1n the NE I/4 SE I/4 of Section 4, TSS, R68W, of the 6th P.M., Arapahoe County, Co1orado. Introduced, read in fu11 and passed on first readLng 3rd day of Apr:i.1 1972. day of Pub11.shed as a B1.11 for an Ordi.na.nce on the _G=t :;.h:._ __ Apri.1 1.972. I,. Wi..11i.am L. McDi.vi.tt ,. do hereby certify that the above and foregoing is a true, accurate and comp1ete copy of a Bi11 for an Ordinance, introduced, read in fu1.1 and passed on f~rst rea.d~ng on the 3rd day of April. • I972 • . tf:1:f&:~~ • • • r 32x \ I =r - - - OFF I C I AC Clli:WJ COUNCIL ooc u~-,...,.... r..•., TO •9 •~"~1. f-.:-:? 3 -2 C C OU f".!CtL • .:; FILE ITY OF E N GLE".V OOO. C O L O . INTRODU C E D AS A B ILL BY COUNCILMAN p ~ A BILL FOR AN ORDINANCE REPEALING SECTION 3, CHAPTER 2, TITLE V, OF THE '69 E.M.C., ENTITLED "PAY PLAN" BY RELIEVING THE BOARD OF CAREER SERVICE COMMISSIONERS FROM THE REQUIREMENT OF AN ANNUAL RECOMMENDATION OF A PAY PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as fo~~o-s: Section 1. That Section 5-2-3 of the Officia1 City 5-2-3: PAY PLAN Repea.1ed Section 2. That a11 Ordinances or parts of Ordinances in conf1ict here~th are express1y repea1ed. on the day of Introduced, r-3~..£ day of read in fu11 and passed on first reading GY+··L ~972. Pub1i.shed as a. Bi.11 for an Ord:i.:nan.ce on the L,# ~ ~972. I, k«~..s....n L . d e "~ -;-r , do hereby certify that the above and forego:Lng i.s a true,. accurate and comp1ete copy of a Bi.11 for an Ordi.nan.ce, i.ntrod_u.ced, read in fu11 and passed on first: reading on the .3~ day of aa ... ~" ~972. .. ·-~~ -- T 32X • CITY 0 F.F I.C 1 /' L COU --~-t .. H lEN'Tj .:' • • ;a • J !'l.U L"'j 1.7,. J...n72 ~ewo~o. .;,~:1.ic. n:i..s :r ~a.- \ \ ! ~ 0 • 0 '9 ,i 0 -:. c.:F-r ' e r>~r _e,.~ --. ::> • • • :.c 0 _, s c l. d~'f"P r " co • ........ ..,... .... r-rr., ~ ~o=-c l. :)r .. -os le· -;::, -...--( cr :i.e cos +-o si ~-1-'"'l i~ --r~Er . ,::) rr_m -- • ' ! ~ • • • Feb. 6 , 1.972 ~o Th e C~ty 0 ~ E n ~l.ewood: co .. Y..:..~L "le tne u..n.d ers :i.gaed. c:i.tiz e n.s §-~~~o f _7:oX:~""l.J!l li...l:t r ... n.g1eNood (Set'l....i..c o1o . '-i e r e by obj ect to ny f o r:n o-r 1ow c"£~, .. ~:t:Jbi in to.:i.3 area.. ~ve feel. tn i .s .. vo u.la. e defeA.ti..n ~ tn e }:oll..r.f..OS e of tr~.e oork-.o l.e Pro ·ra.:n ., g, Nou.lu. "l.Ot U }.-t t r.:1.-e t .. e CO.l..l~l:Lt ..1. ."l.J..~·· • • • • '32 • • • Cl"ry C~r; r: 1 c-A L U"lE"'"l""" ie .... ---:..::."":-::-....; .... -~~ .::::\.'t.--e~s ..: "t~.x.: ..... ;y e ~~ :--¥ _.:: .. .a:: .. e.::J t "1.-g l e 'Y c.O..a. e c .. _c ·.:._e.,) _._.!.o . He-~e-.J,:, o . e~,.;.""L ":.o .... t.;;,r ~:>ro. ~:: d8{;. ~:::._ .O"\.,:t-£i. 1t"> _:"" .... tn.i -.&.r~ .e f~• t., i!!: .~ ...... .Lv ~ -e~e 't.-.. ~:;OF: I!!:.'R.,7::,'--&-.T• 3(:; ~IL'or..._ ...... ~~ ..... roe;r .Jl "!Q ." • ..:::: ..:.:1 -... o-:. \..li-r ... ::..t.--e e:~"U ....... .;.r:..!.."f"",., .:..r-:.. -. ............ -1-~!=Wooo.c 0 • • , - O FFICIA L C ITY C OU"' ... -·-'~"""'OC ,.,Ef".l"E ... J'TV'" ro:rs .:t. ___ .._ -·-.--s• l.9---o ....... G. .. , C'J' i.e u ""'-=-''"'"~or o'£-o·7:4:os """ -O s.,.,.'"l __ :1.n ~-·.,.,.s r~n . me ... _.."1'C:.reas ·-rzi:~ :~i6!-=< i --~! ;;_-;< ~i;~ • I • I • • I ~ '· r .j,2 X I • ...:.. • ~ ----- • • :::.: 't:, n -::. .---• ..,!.~!:"' ., O-.. e=-e -.. • !'-~1 ~"":.:l.S "1..0"'!;. :..4 ..1.._-e~ it:i.ze .s t.. ~-J•c~ to ~ J ~or ~ • ld.>.rc h l.:>. l. 72 >-ICIA"L • C UME-1'\l"" ~ 14 ... t r..s v..... -r~ _ . ...-e t -,.._ J..e.Yoc:::. S,e .i..::! ~T ie~) o:: 1 0CliC:>Q @. .:!..O :._'"';1 .... ~ ;..!"1 "!;;::..~ ::1.=-e :1 • -r.. ... ~~-':Fo ..::a~QD ... /::r~JCat...l-.:..~o :r ....!1 ~1._l._ .Youla ~=============~=============================================================== ~--~~------------------~--------~~--~~--~~~ • • \ ! 'f • • 0 e -e l c :.c • • • • .l..e-·oocl : ders~-c.C: ci. i.zo ..... t==-L t ...... y-..-.·-ers o:1"' ·o::::""'1-!"" ... Y:est ~ ..... -:Le··oor, c1.·). co .:...orr r.'.::" '9rec· o j.oct --o ,. ~1.· -"":)r of' 1.-.-.· cost o,s \ . ~ • • 2X • • • M rca l.;;. l. 72 To ..., .. e '::ity 0 •1. ... le.YJO~; e u.:"'!...::.ers i.,.; e.::.. cit.:i.ze _:s ~ ~ .. ·-;.> ,.J •:=-...s o£ 1 ·t .Jrt .7test ~-.-J..e.~oc c:. ..Je :...i..:: Vie.'T) r::o<!.~-~~re ..;~ o:....j~c~ -<:;o :1. o.J ~or ::o. o:? 1 CC':IIO Q;q@;i_ .::;.::::.~ W ;.!"1 "'!:.:':..!.._ .:l.r e:ll.. ,_ ~:el.. -::~is .-Jo~l..':l. t~ :::.!!'!r-: ~t i""l.f; t-~"!!:~c:;!6~~"'0·•-l6rlc.!&.o l-.t. ro r~ ~-'l._l. Noul..a. ~o ~ u ~ ~r•~~ ~~ co ~, ~~~y ~~ ~~y ~ay • --------------~--------------------------------------------------------------- • • • • I' 32X • • • Stan1ey H. Dia1 ~ Ke11s Waggoner • INTIER..OFFICE MEMORANDUM ~. STORM SEWER NE & NW ENGLEWOOD DATE. Ap:r1.1 3 , 1972 Previous1y submitted was a time tab1e dated 2 /3 /71 £or drainage ~-provements in the NE & NW Eog1ewood Basins . This time tab1e ~s aow out o£ date £or severa1 reasons. One being that Denver bas agreed to participate in that portion which goes through their C ity. Another is that the Federa1 app1icatioo has taken .1.on.cer than anticipated. .. : 4 -t ~ DenYer is about ready to enter into a contract with Se11ards and Grigg ; Inc. 1or the engineering necessary ~or their portion. In 1act. a meeting bas been schedu1ed to negotiate a price 1or the contract. The part in Denver needs to be £ina1ized be£ore Se11ards can comp1ete our £ioa1 p1ans and speci£ications. BUD ~ reviewing the supp1emeota1 in1ormation tbat we submitted and were supposed to 1et me know 1ast week whether there were aay serious de1iciencies in the submitta1. Since they have not ca11ed ~ can on1y assume that the quick review proved su11icient aad that the co~p1ete in depth review has started_ As&uaing that we are 1unded by BUD and an agreement is signed; tben. our scbedu1e 1or construction cou1d 1ook something 1~ke tbe attached_ S:l.ocere1y. ---;-:--..;...c Z .:. c.e:.:_:; Jte11.s Waggoner ~---­ ~rector o~ Pub1ic Works lltW :pel att • (Continued) • • • 1'32X • No-o1 Days 0 1 15 35 40 45 46 53 60 70 75 BO 90 300-330 360 • SCHEDULE FOR STOR:l.l SEWER NE & NW BASIN Action Date Agreement is signed by BUD Additiona1 appraisa1s requested Detai1s o1 1unding con1irmed with Denver Appraisa1 resu 1ts submitted to HUD Negotiations 1or 1and acqu:i.sit:::i..oo started Fioa1 p1ans and speci1ications comp1eted Notice t o contractors Second notice to contractors Th~rd notice to contractors Laud acqu~sition co~p1eted Open bids Review o1 bids and award contract Contractor to start work Contract work comp1eted -pro~ect in use .Aud:l.t by BUD Rev:l.sed 4 /3/72 (Continued ) • • :. r 32 x - - • 8:00 P~ M .. • AGENDA FOR REGULAR CO NClL SESSION APRIL 3, 1.972 ~ou . ·c:,_ r .._ Call to order, invocation by 1\-'lsgr .. Bernard c:JaftJij,~~6 Flt...E Louis Catholic Church, pledge of allegiance led by Pack No. • C:OL:tt 5 ,. and roll call . 1.. 1\t.inut.es . (a) Regular meeting of l\1arcb 20, 1972.. (Copies trans- mitted berev..r-ith .. ) (b) Special meeting o( March 27 , 1972 .. (Copies trans- :rnltted herewith.) 2.. Pre-scheduled citiz.e:ns and visitors. (a) Recognition of .. special guests .. of t.he Council. (b ) Mr .. Harold Ru..s"t., M-anager of the Englewood of_fice o( the Public Ser ice Company, 9."111 be present to present the fra.ncblse check. (c) ~~i ~a;!:~e!~ :'~~~s:~~::t r~~~~~v~:e, the Scenic VieY~.• area. 3 . Corn.municatlons -no action required . (a) MlDut.es of the Planning and Zoning Commission meeting o"f March 7, 1972. (Copies transmitted herew-ith .. ) (b) Mlnutes o£ the 'Workable Program Cit.l.z.en.s c o mmittee meer.ing of March 23, 1972.. (Copies transmitted here- with.) (c) Report {rom Wm ... A. Hamilton, Fire Chief, and Del ~IcCarty. Training 0£Cicer .. on thet..r ~_endance at the F ire J:)epa.rtment mstructor •s Conference in K ansas City .. Missouri, on March 14-17, 1.972.. (Copies trans- mitted herewith.) (d) 1\'lemora.ndurn from ~1.r . Larry Thompson to Mr. Chas .. B .. Carroll, Jr., Ulities Director,. reporting on his attendance at the V\!a~r Pollution Control Federation Conference held in v..·asbt.ngton . D. C . on March 14, 1972-(Copies transmitted hereW'ith-) (e) Minutes o{ the v.·at.er and Sewer Board meeting of !\1.arcb 21.,.. 1.972.. (Copies tra.nsmit:ted herewith.) (f) 1\'li.nutes of the Board of Career Service Commissioners meeting of 1\ta..rch 16, 1972-(Copies tra.nsmict..ed here- with .) 4 . Communications -action recommended . (a) Memorandtnn £rom Mr -Kells Waggoner, Dire~or of Public Works . to Mr .. Stanley H .. Dial, City Manager, regarding the protests beard at th e Paving District No .. 20 assessment hearing on Monday, March 27, 1972- (Copies transmitted herewith .. ) (Continu ed) -.. r 32X • • 0~ -=;r ~ ..,._ ' ,._ k--P =-w -P1 ~ =-/ AGENDA FOR REGULAR COUNCYL SESStON APRIL 3, 1.972 Page 2 4./ :~m::·::t•:sa:.d::::er::::::d:~ a~::~.:: vr~~ ~ the cosJ:s of Paving Oist:rtc·t No. 20. (Copies t:rans- m ttt.ed herewith. ) 5. City Attorney . (a) Ordtnance on final reading vacating the South Lillcoln Street/South Sbernlan Street alley south o{ East Girard Avenue. (Copies previously trans- mitted.) (b) Ordinance on final reading revising Title XV o[ the City Code re1ating to Water Operat.io ns. (Copies previously transmitted. ) ./ _, ~ Bill for an Ordinance repealing Article 5-2-3 of the ~~ MuniCipal Code as it relates to .... the pay plan.. (Copies transmitted h:erewitb .. ) ~ /' i!!!flli:~~-~b~~-=b<C Bill for an Ordinance relating to pornography . (Copies V~~ transmitted herewi.th.) -~ e (c) ........ (d) Bill for an Ordinance va.catln.g a t.G• easement north of the property at 4-005 South Jason Street. (Copi.es ~~ (g) transmitted bereV~.'"ith. ) - Bill for an Ordinance vacating a 1.6' easement north of the property at 4000 South Jacon Street. (Copies transmitted herev.rith.) Resolution. authori.zln.g the execution of a contract for the purchase of the "Lindner"" property for the Utilities Department. (Copies transmitted herewith .. ) (h ) Resolution authoriZing the execution of a contract for the purchase of 'the ''VJ'i'lson·· property for the Utilities _____ __oepnrt:ment.. (Copies transmitted herew-ith .. ) (i) Report [rom the Ci.ty Attorney regarding the City's regulations pertaining to signs painted on awnings placed over City rights-of-way .. (i) Attorney's choice .. 6. City Manager .. Resolution authorizing the notice to sell bonds for Paving District No. 2J. be published. (Copies of the resolution and the bond pros~t:us transmitted here- with .) - ~·~' ~ / Memorandum £rom Chief Jack L. Clasby to ~'ir­ Stanley H. Dial. City Manager. recom-Enending a revision of the Municipal Code as it relates to age limits of persons who may work in 3 .. 2 beer establish- ments. (Copies transmitted herewith.) (Contl.nu ed) • • • • • • • AGENDA FOR REGULAR COUNCTL SESSION APRIL 3. 1.972 Page 3 City ft.1._an.ager. (Coo.tin ued ) (c) Request co send a pollee officer to the Indiana Uni- versity Center .for Criminal Justice (Police Fi_re- ar-ms Instructor 's Course) M_ay 8 -12. 1972 .. (d) Request to send two mechanics to the Snorkel Fire Equlpment Company ln St. Joseph. Missouri . t..o a training school on the maintenance of fire equipment:. April 17 and 1 8 . 1.972. (d) Report on the status of Federal aid application s : (1) Rescue vehicle; (2) Storm drainage projects; a.n.d. (3) G r eenbelt Park/Northwest Engl ewood .. (e) Manager's choice .. 7.. Recognition o.f non -scheduled cttizeos and visitors .. 8 . General discussion. (a) 1\-t.ayor 's choice. (b) Councilman's choice . 9. Adj ou.rn..ment .. STANLEY H. DIAL Cit:Y Manager SHD/ij • • • r 32xl - I / ROLL CALL .....-., r 1 -__ _, ..?; - • - C:t COl.J . 'C;IL ~ ~OF ENGLE -C FILE ooo _ ccn .. o.. / - • ROLL CALL S c hwab La Cou.nc i.1-oma.n Dh.or i.ty Bro-m Bl.ess :Lng M.a. or Senti. He..nni...n • • - co,_, C:JT-y QJ:" £. C...i... C. -p-ILE OOU CCLCJ • • - • ROLL CALL Schwab a Cou.nc: i .l..woma.n He.n..n:Ln____g_ • 0 - Dhor i t Brown Bl.es.sLn . Ma. or Sent1 ·~ _/ ___ -z-..__~ ....... .....__.~ OFFrcrAL c:'J"r.2 CO';r'CI_L f.?OC UMENT C:O u· C..J•_ _ • .,._ FI LE C:f'T'Y O F Ct·~GLr - • • - - Schwab La Cou.n c i... 1 wo.ma.n Hen.n i.ng Dhor i...t Brown B1.ess.i...n MaVor Senti. • • ,. - - • • ROLL CALL Schwab La Counc i 1woman Rennin Dhorit Br<»n> B1essi..n Mayor Senti. 7of. • • - • • - ROLL CALL Schwab La Cou.nc i.l.wom.a..n. He.nn:Ln.g Dhor i.ty Brown Bl.essi.n.g Ma._yor Senti. - 0 ,. - c::;y _ #~ ~~/~ (/~ //----~ ~--. /~· • 0 -< --- ROLL CALL • • • • • • • ROLL CALL S c hwab La Counc i.1""'oma..n He.n..ni...n_g_ Dhor i.t Bra>om B1ess:Ln Mayor Sent i. • 0 - 7 • -~ • - • • ROLL CALL Schwab La Counc i 1woman HennLng Dhor ity Brown B1essi..ng May·or Senti. • 0 ,. - • • I' 32X - • • • ROLL CALL Schwab La Coun.c i1wotn.an Dhor i.tv Brown B1essi....n Mayor senti. • 0 - Hen.n:Ln. • • • T 32X - - <'~ ~--z~......_- /_J ~ /. 5 - -~ - ROLL CALL Schwab La Counc i l.woman Hennin Dhor i.tV Bro wn Bl.essi...n M.a. or Senti... - 0 - \ ! '! • • I' 32X I - A-?-I / ~­ ~ ~/ ?~~ J / • ROLL CALL Schwab Lav Counc i 1.w-otna.n. Dhor i.t Bre»<n B1.essi.n Ma or Sent i • • - Henni...n • • • \ ! =r r 32x • • - • • c:Q7 • • -----------~ /- --~ • ..:. l'32X - CORRECTION T .=-:= PFE::E:::tr.IG ..::-cc.:_·t. 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Prec i.nct No. 5 Mr. and Hr s . Mr. and Hr s . Mr. and M.r s . Precinct No . 6 Mr. and Mr s . Mr. and Mr s . H·r. and Mr s . Preci.nct No. 7 Mr . and Mr s . Mr. and Hr .s . Mr. and Mr s .. Precinct No. 8 Mr. and Mr s .. Mr. and Mr s • Mr. .and Hr s . ~ c~f: .. F t,c-I A L f 1..1'>1 Cou· LeRoy R . Hayes,. 2218 We st. Harvard A~ o F ...... z;.i':;c;.:_.-:-.- Perry L e -is , 2349 W est Harvard Avenue ._ ·"'Oc William H . Olsen , 2193 West Iliff Avenue John D. Rari.don, 2814 South Cherokee Street C ha rles E . Hiller, 3159 South A coma. Street John Le" M itchell , 3101 South Elati Street J ame s Dot son , 2910 South Sherm.an Street John Dre.ssman , 2891 South Logan Street Darrell Hat-an , 2936 South Lincoln Street Donal-d D. Salter, 3700 South Delaware Street Donald L. Sander.sfeld , 3827 South I._nc.a Street Johnny Sanderson , 4065 South El.ati. Street w. A. Moody , 2900 South C1arkson Street Le" Sa1azar , 3266 South Logan Street Arthur 0. Sale, 3126 South Logan Street John D. Salzman, 3445 South Do-ni.ng Street Ru e ben Sa.nti.stevan , 3335 South Emerson Street K ent D. Dou-n.ay, 2910 South Hari.on Street Ceorge R. Sandage , 3171 South Wi.11i.am.s Street Carl H . Sartori.us , 3466 South R.ce Street H .llton Horens Lein , 3470 South Race Street Kenneth A. Rappe, 3335 South Clarkson Street David Redeker, 3447 South Sherman Street Arthur L l.oyd Reed, 3 412 South Logan Street • 0 • • T 32X • 0 - Pa ge 2 -Apr il 3 ~ 1972 Counci1 1nvltees Precinc. t No . 9 Hr . and Mr s . Patri.ck T . Donohoe., 0 7 South Clarkson Street:. H r . and Mr s . Allen R . Do r an , 3861 South Sherman Street Mr. and Mr s . Larry P. Dot..y, 3770 South Sherman Street Precinct No . 10 Hr . and Mr s . F rances Sandmeyer , ~1._75 South Inca Street Mr. and Mr s . J o hn M . Sanger, 4100 South Bannock Street Hr. and Mr s . Ivan R . Dransfeldt, 41.50 South Huron Courc. Precinct 11 Mr. and Mr s . Carl R ehn , 4152 South Logan Street Mr . and Mr s . Clay ton H. Salter, 4298 South Logan Street Hr. and Mr s . Merwyn R. Sand s ted, 4119 SouLh Sherman Street Precinct No . 12 Hr. and Mr s . Arthur G . Davis, 1030 West Stanford Place Mr . and Mrs . Wayne c . Oetken , 4415 South Acoma Street Mr. and Mr s . Don Severs , 4545 South Acoma Street P recinct 13 Mr. and Mr s . Ronald Sand s , 2921 West Saratoga Avenu e Mr. and Mr s . Richard Domier, 31.68 West Chenango Aveune Mr. and Mr s . John L. Dorl.ac,. Jr .,. 4685 South Irving Street Precinct No . 14 Mr. and Mr s . Sylvester E. Reynolds,. 4995 Sou t.h Inca Street Mr. and Mr s . Donald w. Harper , 4930 South El.ati Street Mr. and Mr s . Wil.liam E. HoLdsworth ,. 4932 Sout:h Galapago Street Precinc t 15 • Mr. and Mr s . Rob rt Renz,. 4765 South Bannock Streec Mr . and Mrs . Kenneth L . SabJ.n ,. 4754 South Huron Street Mr. and Mr s . Steven H . Sanborn, 47 33 Souc.h Bannock Sc.:eet Precinct 16 Mr . and Mr s . Charl. s H . Sanders , 491.1. South Wa shington Street • Mr. and Mr s . Robert J . Di.sher , 49 9 South Logan Street • • Mr. and Mr s . J ohn Saunders ,. 4936 South Grant Street T 32XI \ ! ;. • - 0 - ••sPEC1AL CITIZEN PR<X;RAH INVITEES , April 3 , 1972"" Precinct No . Hr. and Mrs. LeRoy R. Hayes, 2218 We st Harvard Avenue HT-and Mr s ~ Perry Lewi s ,. 2349 We st Harvard Avenue Hr. and Mr s . W i.lli.am H. Olsen, 2193 West Iliff Avenue Prec.i..nct No. 2 Mr. and Mrs. John D. Rar i.don,. 2814 South Cherokee Street Mr. and Hr.s .. C harLe s E. HiLler, 3159 South Acoma Street Hr. and Mr s . John L -ee H .i. tchell, 3101 South El.ati Street Precinct No. 3 Mr. and Mr s. James Dotson, 2910 South Sherman Street HT. and Mrs . John Dre.ssma.n, 2891 South Logan Street Hr . and Mr s. DarreLl. Ha~an, 2936 South Lincoln Street Precinct No. 4 Mr. and Mr s . Donald D. Salter, 3700 South Delaware Street Hr. and Mr s. Donal.d L. Sander.sfeld, 3827 South Inca Street Hr. and Mr s .. Johnny Sanderson, 4065 South Elati Street Precinct No. 5 Mr. and Mr s . w. A. Moody, 2900 South Clarkson Street Mr. and M _rs .. Lee Salazar,. 3266 South Logan Street Mr. and Mrs. Arthur o. Sa1e,. 3126 South Logan Street Precinct No. 6 Hr. and Mr s. John D. Sa1zman,. 344.5 South Downing Street Hr. and Mr s . Ru e ben Santistevan,. 3335 South E.merson Street Kr. and Mrs . Kent D. Dounay,. 291.0 South Mar1o:n Street Prec.:Lnc.t No . 7 • Mr • and Mr s . G eorge R. Sandage,. 3171 South Wi11iams Street Mr. and Mrs. Car1 H. Sartor ius ,. 3466 South Race Street Hr. and Mr s . Mil. ton Horenstein,. 3470 South Race Street Precinct No. 8 .. .,_ and Mr s -Kenneth A. Rappe,. 333.5 South C1ark.son Street • Hr. and Mrs . Davi.d Redeker,. 3447 South Sherm.a:n. Street • • HT • and H _r s . Arthur Ll.oyd Reed,. 3412 South Logan Street • • 0 - P age 2 -A pril 3 , 1972 Counc~l 1nvlt es Precinct N o . 9 Hr. and Mr s . Patr ick T . Donoho -o 7 Sout..h Cl ark~ on Stree l:. Hr. and Mr s . Allen R. Doran ,. 3 &l South Sherman Street H r . and Mr s . Larry P. Do~y , 3'"'-o South Sh rm.an Stree t Pr ecinct 10 H r . and Mr s . F rances Sandmey r , 41 75 .souc..h 1nca Street H r . and Hr John H. Sang r , 4100 South Bannock Street Mr . and Mr s . Ivan R . Dra..n sfeldL ,. 4150 South Huron Court Precinct No. 11 Mr. and Mr s . Carl R hn , 4152 South Logan Street Mr . and Mr s . Clayt:.on ... Sal.ter ,. 4298 Sou t.h Logan Street Hr. and !"''r s . M r"')'n R. Sand s ted ,. 41.19 South Sherman Street Precinct No . 12 Mr. and Hr s . Arthur G . Davi.s ,. l030 We s t Stanford Place Mr. and Hr s . Wayne c . Oetken, 4415 South Acoma Street Mr . and Mr s . D o n Severs , 4545 South Acoma Street Precinct 13 Mr . and Mr s . R o nald Sand s , 2921 We s t Saratoga Avenue Mr . and Mr s . Richard Domie r,. 3168 W est: C hen ango Aveune Mr. and Mr s . John L . Dorlac.,. Jr .,. 4685 South Irving Street Precinct No . 1 4 Hr. and Mr s . Sylvester E. Rey nold s , 4995 South Inca Street Mr. and Mr s . Donal.d w. Harper , 4930 Soueh E1ati Street Mr . and Mr s . William E. Hol.ds'WOrth , 4932 Sou t.h Ga1apago Street Precinct 15 Mr . and Mr s . Robert Renz , 4765 South Bannock Street Mr. and Mr s . K enneth L . Sabi.n , 4 7 54 Sout-h Huron Street Mr . and Hr .s . Steven H . Sanborn , 4733 South Bannoek Ste:eet Pr ecinct No . 1& Mr . and Mr s . CharLe s H . Sanders , 4911 Sou t.h Wa s hington Street Mr . and Mr s . R o bert J . Di s her, 49 9 South Logan St:.reet Mr. and Mr s . John S a under s , 4936 South Grant Street • \ ! '!' • • r 32x • - 0 - ••sPEC1AL CITIZEN PROGRAM INVITEES, Apri.l 3, 19 7 2"" P ·"reci.nct No. 1 Hr. and Mr s . L -e Roy R. Haye s , 2218 We st Harvard Avenue Hr. and Mrs. Perry Le.~is, 2349 We st Harvard Avenue Hr. and Mr s . W il.li.am H. OLsen, 2193 West Il.i.ff Avenue Precinct No. 2 H _r. and Mr s . John D. Ra.ridon, 2814 South Cherokee Street Hr. and Mr s . C harles E. H.ill.er, 3159 South Acoma Street Hr. and H·rs . Joh.n Lee Mi tchell., 31.01 South Elati Street Precinct No. 3 Hr. and Mr s . Jame s Dotson, 2910 South Sherm.an Street Hr. and Mr s .. J ohn Dres s man, 2891 South Logan Street Hr .. and Mrs .. Darrell Hat'W&n, 2936 South Li.nc.oln Street Preci.nct No. 4 Hr. and Mrs .. Donald D. Salter, 3700 South Delaware Street Mr .. and Mr s . Donald L. Sander.sfeld, 3827 South Inca Street Hr. and Mr s . Johnny Sanderson, 4065 South Elati. Street Precinct No . 5 Hr. and Mr s . w. A . Moody, 2900 Souc.h Clarkson Street Mr. and M rs. L•• Sa1a..z.ar., 3266 South Logan Street Hr. and Hr s .. Arthur o . Sa I.e. 3126 South Logan Street Precinct No. 6 Hr. and Mrs. John D. Sal.zm.an., 34-45 South Downing Street Mr. and Mr s . Rue ben Santistevan . 3335 South Emerson Street Hr. and Mr s . Kent D. Oounay. 291.0 South H.arl.on Street Precinct No • 7 • Hr. and Mr s . George R. Sandage . 31.71. South Wi.l.l.i.am.s Street Mr. and Hr s . Carl. H. Sartorius. 3466 South Race Street Hr. and Mr s . M il. ton Horenstein. 3470 South Race Street Precinct No. 8 Mr. and Mr s. Kenneth A. Rappe., 3335 South C1arkson. Street • Hr. and Mr s . David Redeker. 3447 South Sherman Street • • Mr. and Mr s .. Arthur Lloyd Reed., 3412 South L·ogan Street • r 32x - - - - - 0 ,. - Pa ge 2 -A pril 3 , 19 72 Council 1nvite s Precinct No . 9 Hr. and H cs . Patrick T . Donohoe, 4087 South Clarkson Street Hr . and Mrs. All en R . Doran, 3861. South Sherman Stree t Hr. and Mrs . Larry P . Dot:.y, 3770 South Sherman Street Pr ecinct No . 10 Hr . and Mr s . Frances Sandmeyer , 41 75 South Inca Street Hr. and Mrs. John H. Sanger , 4100 South Bannock Street Mr. and Mr s . 1van R . Drans fe ld t .,. 4150 South Huron Court Precinct No . 11 Mr. and Mr s . Carl. Rehn., 4152 South Logan Street Mr . and Mrs . Clay ton M. Sal.ter, 4298 South Logan Street Hr . and Mr s . M erwyn R . Sand s ted, 4119 South Sherman Street Precinct 12 Mr. and Mr s . Arthur G . Davis, 1030 We st S ta_nford Pl.ace Mr . and Mrs . Wayne c . Oetken , 4415 South Acoma Street Mr . and Mr s . Don Severs, 4545 South Acoma Street Precinct 13 Mr . and Mr s . Ronald Sands , 2921 West S a ratoga A venue Mr . and Mr s . Ri chard Domier , 3168 West Chenango Aveune Hr . and Mr s . John L . Dorl.ac , Jr .' 4685 Sou th 'Irvi.ng Street Precinct No . 14 Mr. and Mrs . Sylvester E. Reynolds, 4995 South Inca Street Hr. and Mrs. Donald w. Harper, 4930 South E~•tL Street Mr. and Hr s . William E. Ho1dsworth, 4932 South G a1apago Street Precinct No. 15 Mr. and Mr s . R obert Renz, 4765 South Bannock Street Mr. and Mr s . Kenneth L. Sabin , 4 75 4 South Huron Street Mr. and Mr s . Steven H . Sanborn, 4733 South Bannock St~eet Precinct No . 1.6 Mr . and Mr s . Charles H. Sanders, 4911 South Washington Street Mr. and Mrs . Robert J . Disher , 4989 South Logan Street Hr . and Mrs. John Saunders , 4936 South Gr"B-nt Street • \ ! '! -- I' 32 X I • 0 ,. - ••sPEC1AL C1T1 ZE PROGRAM INVITEES, Apri.l 3 , 1972 .. Preci.nc~ No. ~ Hr. and Mr s. LeRoy R. Hayes, 2218 We st Harvard Avenue Hr. and Mr s . Perry Lewi..s, 2349 West Harvard Avenue Hr. and Mr s . Will.iam H. Ol sen , 2193 West Iliff Avenue Precinct No. 2 Hr-and Mr s . John D. Rari.don, 2814 South Cherokee Street Hr. and Mr s . Charles E. M.iller, 3159 Sout:.h A coma Street Hr. and Mr s . John Lee H itc.hel.l., 3101 South El.ati Street PrecJ.nct No. 3 Mr. and Mr s . James Dots on, 2910 South Sherman Street Mr. and Mrs . John Dressman, 2891 Sout:-h Logan Street Mr. and Mr s . Darrel.l Hatwan, 2936 South Li.nc.ol.n St:.reet Prec.J.nct No. 4 K .r. and Mr s . Donald D. Salter, 3700 South Delaware Street Mr. and Mr s . Donald L. Sandersfeld, 3827 South Inca Street Hr. and Mr s . Johnny Sanderson, 4065 Soue-h Elati. Street Precinct No. 5 Hr . and Mr s . w. A. Moody , 2900 South CLarkson Street Hr. and Mr s . Lee Sal.az.ar, 3266 South Logan Street Hr. and Mrs. Arthur 0 . Sal.e, 3126 South Logan Street Prec.i.nc;.t No. 6 Mr. and Hr s .. John D. Salzman, 3445 South Oowni.n.g Street Hr. and Mr s .. Rue ben Santi.s tevan, 3335 South Emerson Street Hr. and Mr s .. Kent:. D. Dounay, 2910 South HarJ..on Street Precinct No • 7 Mr. and Mr s .. George R . Sandage, 31.71 South W:i.ll.i.am..s Street Mr. and Hr .s .. Carl. H. Sartorius, 3466 South Race Street Mr. and Mr s . Hil ton Horenstein, 3470 South Race St:.reet • Precinct No. 8 • Mr • and Mrs . Kenneth A. Rappe, 3335 South CLarkson Street Mr. and Hr s . David Redeker, 3447 South Sherman Streec. Hr. and Mr s .. Arthur Lloyd Reed, 3412 South Logan Street • • ) \ 1 ~ • • I' 32X - • • • • • - Page 2 -April 3 , 19 7 2 Co unci1 1nv.iLe s Precinct No. 9 H r . and Mrs. Patrick T . Donoho 40 7 South C1arkson Street H r . and Mrs . Allen R . Doran, 3 61 Souch She-cm.an Street Hr. and Mr s . Larry P . Ootyy 3 7 70 South Sherman Street Precinct No . 10 H r . and Mr .s . France-, Sandmeyer , 41 7 5 South I-nca Street Hr. and Mrs . J o hn H. Sang r , 4100 South Bannock Street Hr . and Mrs . Ivan R . Oransfeldt , 4150 South Huron Court Precinct No . 1 1 Mr. and Mr s . Car1 Rehn , 4152 South Logan Street Hr . and Mrs . Clayton H. Sa1ter,. 4298 South Logan Street Hr . and Mrs . H r"')'n R . sands ted, 4119 Sout.h Sherman Stre@.t Precinct No . 12 Hr. and Mr s . Arthur G . Davis, 1030 West Stanford Place Hr . and Mr s . Wayne c . Oetken , 4415 South Acoma Street Hr . and Mrs . Don Severs , 4545 South Acoma Str@.et Precinct No . 13 Hr . and Mr s . Ronald Sands , 2921 We s t Saratoga A venue Hr. and Mr s . Richard Dom.ier, 31b West Chenango Aveune H r . and Mrs . John L. Dorl.ac , Jr., 4685 South Irving Str@.et Precin ct No . 14 Hr. and Mrs . Sylvester E. Reynolds, 4995 South Inca Street Mr . and Mrs . Oona1d W . Harper, 4930 South Elati Street Mr. and Mrs . Will1am E . Ho1dsworth , 4932 South Ga1apago Street Precinct No . 15 Hr. and Mr s . Robert Renz , 4765 South Bannock Street Mr. and Mr s . Kenneth L . Sabin, 4 754 South Huron Stree t Mr. and Mrs . Steven H . Sanborn, 4733 South Bannock St:eet Precinct No . 16 Mr. and Mr s . Char1es H . Sanders, 4911 South Washington Street Mr. and Mr s . Robert J. Di s her, 4989 South Logan Street Mr. and Mr s . John Saunders , 4936 South G r ~nt Street • • • r 32 x • - 0 - .... ••sPECIAL C1T1ZEN PROGRA.H I.NVITEES, Apr il. 3 , 1.97 2•• Precinct No. Hr. and Mrs . L e R oy R. H ay e s , 221.8 We s t Harvard Avenue Hr. and Mr s . P e rry L e w "i..s , 2349 We st Harvard Avenue Mr. and H rs . W il.l.i.am H. OLsen, 21.9 3 Wes t Iliff Avenue Prec i nct No. 2 Mr. and Mr s . John D-Ra ridon, 2 8 14 South Cherokee Street Mr. and Hr s . C ha r l es E. H iller, 3 1 5 9 South Acoma Street Mr. and Mr s . John Le e H .i t c h el.l., 3 1.01 South El.ati. Street Precinct No. 3 Mr. and Mr s .. James Dot.s o ·n, 2910 South Sherman Street Hr. and Mr s . John Dr e.ssm.an, 289 1. Souch Logan Street Mr. and Mr s . Darrel l Ha twan. 2 936 South Lincol.n Street Precinct No. 4 Hr. and Mr s .. Don a ld D. Sa l ter, 37 0 0 South Delaware Street Mr. and Mr s . Donald L. Sander s feld, 382 7 South Inca Street Mr. and Mr s . J ohn n y Sander s on, 4065 South El.ati. Street Precinct No. 5 Mr. and Mr s . w. A. Moody, 2900 South Cl.arkson Street Mr. and Mr s . Lee Salazar, 3266 South Logan Street Mr. and Mr s . Arthur o. Sale, 3126 South Logan Street Precinct No. 6 Mr. and Mr s . John D . Sa l zma n , 344 5 South Down.i.n .g Street Mr. and Mrs . R ue ben Santi.st.evan,. 333 5 South Emerson Street Hr. a nd Mr s . K ent D . D o u nay , 29 1 0 S outb H.ari.on Street Precinct No • 7 • Mr. and Mr s . C eorge R. S and age, 3 1 7 1 South Will.iam.s Street Mr. and Mr s . Carl H. Sarto r i u s , 3 466 South Race Street Mr. and Mr s . H il t on H o r e n s te i n,. 3 4 7 0 South Race Street Precinct No . 8 • Mr. and Mr s . Kenne th A • Rappe, 3335 South Clarkson Street Mr. and Mr s . David Redeker, 3447 South Sherman Street Mr. and Mr s . Arthur Lloyd Reed, 3412 South Logan Street • • • • • - - 0 - Pag 2 -Apr il 3 , 1972 Co un 11 Lnvl~ e~ Precinct No . " Hr. and Mr s . P a tri ck T . Dono h oe , 408 7 South Clarkson Sr:.reet Mr. and Mrs . Allen R . Doran , 3861 South Sherman S t.reet Mr. and Mrs . Larry P. Doty, 3770 South Sherman Street P reci n ct No . 10 Mr . and M rs. Franc Sandm.eyt!!.r , 41'"'5 South Inca Street Mr. and Mrs . John M. San .,r, .t.lOO South Bannock Street Mr. and Hr.s . I an R . Dran.s £eldt, -150 South Huron Court:. Precinct 11 Prec inct Mr . and Mrs . Carl Rehn, 4152 South Logan Street Mr . and Mr s . Clay ton H . Sa1ter, -29 SouL.h Logan Street: Mr. and Mr s . Merwyn R. Send s ted,. -119 South Sherman Street No . 12 Mr . and Mrs . Arthur C . Davis, 1030 West Stanford Pl ace Mr. and Mr s . Wayn C . Oetken , ~415 South A coma Street Mr . and Mr s . Don Severs , 4545 South A coma Street 13 Mr . and Mrs . Ronald Sands , 2921 West Sara t oga Avenu e Mr . and Mrs . Richard Dom~er, 316 West Chenango Aveune Mr. and Mrs . John L . Dorlac , Jr ., 4685 South Irving Street Precinct No . 14 Mr. and Mr s . Sylvester E. Reynolds , ~995 South Inca Street Mr . and Mr s . Donald w. Harper, ~930 South Elati Stre t Hr . and Mr s . William E . Holdsworth, 4932 South Galapago Street Precinct: No . 15 Mr . and Mr s . Robert Renz, 4765 South Bannock Street Mr . and Mr s . Kenneth L . Sabin , 4754 South Huron S tree t Hr. and Mr s . Steven H . Sanborn, 4733 Sou th B annock St~eet Precinct No . 16 Hr. and Mr s . Charles H . Sanders , 4911 South Wa shington Street Mr . and Mr s . Robert J . D ishe r, 4 989 South Logan Street Mr . and Mr s . John Saund ers , 4936 South Grant Street -• - 0 - '"SPECI.AL C ITIZEN PROGRAM INVITEES, Apr il 3 , 1.972"" Precinct No. ~ Hr. and Mr s . LeRoy R. Hayes ,. 2218 We st Harvard Avenue Hr. and Mr s. Perry Le:w is , 2349 We st Harvard Avenue H r. and Mr s . W ill.i.am H. Olsen,. 2193 w st 1l.i.ff Avenue Precinct No. 2 H r . and Mr s . John D . Rari.don , 281.4 South Cherokee Street Mr. and Mr s . Charles E . Hiller,. 3159 South A coma Street:. Mr. and Mr s . John Lee H .i. tchell ,. 3~D~ South El.ati Street Precinct No . 3 • Mr. and Mrs . James Dotson, 2910 South Sherm..an Street Mr. and Mrs . John Dressman,. 2891 Sout-h Logan Street H ·r ... and Mrs. Darrel.l Hatwan,. 2936 South Lincoln Street P ·reci.nct No. 4 Kr. and Mr s . Donald D. Salter, 3700 South Delaware Street Mr. and Mr s . Donald L. Sandersfeld, 3827 South Inca Street Mr. and H _rs. Johnny Sanderson,. 406 5 South Elati. Street Precinct:. No . 5 Mr. and H::r s . w. A. M oody ,. 2900 South Clarkson Sereee Mr . and Mr s. Le e Sal..azar, 3266 South Logan Street Mr. and Mr s . A rthur 0. Sa I.e, 3126 South Logan Street Precinct No. 6 Mr . and Hr s . John D . Sal.zm.a.n, 3445 South Downing Street H r . and Mrs. Rue ben Sant.lstevan, 3335 South Emer s on Street Hr. and Mr s . Kent D . Dounay, 29~0 South Marion Street Precinc t No. 7 -Mr. and Mr s . George R. Sandage , 31.71 South WJ.ll.i.a.ms Street Hr. and Hr s . Carl. H. Sartorius , 3466 South Race Street --and Hr .s . H ilton HorensteJ.n, 3470 South Race Street l'"re cinct No. 8 ---and Mr s . Kenneth A. Rappe, 3335 South Clarkson Street • • Mr. and Mr s . D avi.d Redeker, 3447 Souch Sherma.n Street Mr. and Mrs . Arthur L loyd Reed , 3412 South Logan Street -• T 32X • 0 - Pa 0 ~ 2 -A pril 3 , 19 72 C ouncil l.nvlt Preci n ct. No . " M r . and Mr s . Patci.ck T . Donoho 408 7 South Clarkson Street Mr . and Mr s . Allen R. Doran , 3861 South Sh rman S t:.reet Mr. and Mr s . Larry P. Doty , 37 7 0 South Sherman Street Pre-cinc t 1 0 Mr . and Mrs . F rance.., S a n d m y r , £.1.75 South Inca Street Mr. and Mr J o hn M. Sang r, 4!00 South Bannock Stre.et Mr . and Mr s . l.van R . Dransfeldt ., 1 50 South Huron Co urt 1 L Mr. and Mr s . Carl R hn, 4152 South Logan Street Mr. and Mr s . Clayton M. Sal.Ler., t...298 South Logan Street Mr . and Mr s . Merwyn R. Sand s ted, 4119 South Sherman Street. Precinct 12 Mr. and Mr s . Arthur G . Davi s , 1030 West Stanford Place Mr . and Mr s . Wayne c . Oetken,. 4415 South Acoma Street Mr . and Mr s . Don Sever s , 4545 South A coma St:.reet Precinct No . 1 3 Mr. and Mr s . Ronald Sands., 2921 We st Saratoga Avenue Mr . and Mr s . Richard D omier , 3168 w s ec Chenan go Aveun e Mr . and t>ir s . John L . Dorlac , Jr .' 46 5 South Irving Street Precinct 14 Mr . and Mr s . Sylvester E. Reynold s , 4995 South Inca Street Mr . and Mr s . D o nald w. Harper, 4930 South E1at.i Street Mr . and Mr s . William E . Ho.ldsworth, 4932 Sou t.h Galapago Sc.re.et Precinct 15 Mr . and Mr s . R o bert Renz, 4765 South Bannock Street Mr . and Mrs . K nneth L . Sabin , 4754 Sout.h Huron Street Mr . and Mr s . Steven H . Sanborn , 4733 South Bannock St...-eet 16 • Mr . and Mr s . Charle s H . Sanders , 4911 South Wa shington Street • • Mr . and Mr s . Robert J . Disher , 4989 South L ogan Street Mr . and Mr s . John Saunders , 4936 South Grant: St:.reet • • • • 0 ..._ CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSI~N March 7~ 1972 I. CALL TO ORDER. The Regu1ar meeting o£ the City Pl.anning and Zoning ca11ed to order by Chairman Lentsch at 8:00 p.m. . ....... -t... .... r:n~ F" • Conunission -as Members Present: Stanl.ey; Brown;. Carl.son; Henning ; Vobejda; Robins; Lentsch; Weist lembers Absent: Ross A1so Present: Romans~ Acting Ex -o~£icio ; Pl.anning Assistant Young II. APPROVAL OF MINUTES. Mr. Lentsch stated that Minutes of February 23~ 1972, were to be considered £or approval.. Henning moved: Vobejda seconded: The Minutes of February 23, 1972, be approved as wri-tten. The motion carried. I I I. EASEMENT VACATION Lot 11, Oxford Heights Second Fi1ing CA SE F.6 72 Mrs. Romans stated that Mr. & Mrs. Louis Al.dretti, owners o£ property at 4005 South Jason Street, have requested that the 16 £t. utility easement on the north side o~ their property at that address be vacated. Mrs. Romans stated that this property is R -1-C (Sing1e- ~ami.1y Residenti.a1), and abuts I -1 (Indust~a1) property to the west. The b1ock in which this property is situated runs rrom West Man.sfie1d Avenue to West Oxford Avenue, because West Nassau Avenue was not dedicated £rom the Jason/Ka1amath a11ey to South Fox Street. Mrs. Romans stated that at the time the subdivision p1at for this area was approved, a 16 ft. easement wa s p1aced across the north side of Lots 11 and 12, Oxford Heights, Second Fi1ing. and acro ss Lot 7, Oxfo rd Heights, 3rd Fi1ing; which lots are 1ocated in what would have been West Nassau Avenue, were it to have been dedicated. The easement on Lot 7 has previously been vacated in 1965. Mrs. Romans stated that there is a water 1ine in this easement, but that the Uti1ities Department has stated that when a prob1em arises with this 1ine , it wi11 be cut off and service wi.11 be provided from other avai.1ab1c 1incs. There are no plans to insta11 other utilities in this easement. Mrs. Romans stated that the A1dretti property has a 58 ft . frontage, and the owners want to build a garage with driveway, but cannot do so if the easement is retained. Mrs. Romans stated that Mr. and &~s. A1dretti. cou1d have better use of their property if the ease- ment were to be vacated, and the proposed garage wou1d be in keep ing with the intent o~ the Commission to require property owners to pro- vide off-street parking spaces f or as many automobiles as possib1e . Mrs. Romans discussed the 16 ft. Jason/Ka1amath alley, which is dedicated only from West Mansfield Avenue south to the north line of the A1dretti property . From that point south to West Ox£ord Avenue. there is a 16 £oot utility easement rather than an a11ey. She pointed out that the property to the west is zoned I -1 Light Industrial, and that the industrial bui1dings have been built right to the property line giving no rear set-back, and there is no en- trance to most of these buildings off of the a11ey. Residents on the we st side of South Jason Street p1ace their trash cans in ~he • • • - -- - - ( alley. and the trash haulers use this al..l..ey to empty the cans. Be- cause it is a dead-end al..l..ey. their exit is to South Kal..amath Street across that portion o£ West Nassau Avenue between the al..l..ey-easement and Kal..amath. The A1dretti•s have grown a hedge a cross the back of the eight ft . easement wh~ch is across the west line of their property. Because or this hedge. the turning radius is such that the trucks either hit the building at 3970 S outh Kal..amath or the Al..dretti's hedge when turning into West Nassau Avenue to go west. Mrs. Romans stated that there is a drainage problem in the a11ey. and be ca use it has been so di~iicul..L to ~aintain. the Pub1ic Works Department has included this a11ey and a 1.6 ~oot extension of the al..l..ey out to South Kal.amath Street in the Paving District £or 1972. The Publ.i c Works Department has d1scussed tbe proposed paving with the Al.drettis 7 and has indicated that 1£ the Al.drettis wil.l. deed to the 1ty the 8 rt. x 30 It . easement on the west l.ine of the1r property to g1ve proper turning rad~us £rom the a11ey to the r1ght -o:C -way Cor w s~ Nassau Avenue 7 the C 1ty wil.l. not charge the A1drett is for paving or the a11ey. Mrs. Romans pointed ou1.. that the Ci.ty ha s no need .Cor the easemen t.. on the north 1ine o.C the property. and stated thatthe staff re ommended vacation o£ su h easem nt 7 subJect to receiving a qu it c1 aim deed from the Al.dretti..s Cor the S f t. x 30 ft . str1p. Mr. L e nt sch stated that he and Mr . Robins had i nspec t ed the area. and asked why the City didn"t take a ded ica t i on on the west side of the A1dretti p ro p erty :Cor the entire width of the ir property? Mrs. Roman s po inted out that the Pub1 ic Works De partmen t has in- d icated an intention to vacate a port ion of We st Na ss au Avenue. gi vin g a 16 ft. a11ey :Cro·m the Jason/K.al.amath a11ey we st to K a1amath Street rather than the present 60 J:'t. right -o.C-way . Mrs. R o-ans s tated that requiri n g a dedication of the 8 £t . e asement for the f u11 north-sou th width of the A1dretti property wou1d serve no pub1ic purpose. Mr. Robins stated t..ha't he £e1t ••the o n 1y 1ogical. 'thing is to get a dedicati.on from the A1drettis £or the £u11 width o£ Na ssa u Avenue as is dcdi.cntcd to th e west. of the al..l.ey. •• H e fe1t the sma11 portion o£ the easem e nt on the A1dretti property not proposed to be dedicated wou 1d .. never be maintained. and wi11 be a trash c atcher... Discussi_on fo11owed . &t:rs. Roman s reiterated the pl.an s of the Pub1ic Wo rks Department to ask £or va c ation o f a11 but a 16 :Ct . ri.ght-o.C-wa y on West Na ssa u Avenue fr om South Ka1amath e a st: to the Ja so n /Ka1amath a11e y. Mrs. Romans stated th at the st a ff c ou1d not go a1ong with Mr . Robi.n s· suggestio n, for the reason that there wouLd be no pub1ic purpose served w ere the additional. easement area to be d edicated. and that the sta:C£ wou1d c ontinu e to re c o mmend that th e A1drettis b e asked to dedicate onl.y the north 8 :Ct. x 30 ft. of the easement. Disc us sion fo11owed . Mrs. Henning asked ~f th e staff knew wh en the request Lor va cat on o:C West Nassau right-of-way wou1d b e considered? Mrs . Romans stated she wou1d chec k this out with Cit y Pub1ic Wo rks Director Waggoner. Mrs . Hennin g stat:ed that this matter has been discussed at City C ounci1 1eve1 at. t.he time o1" the Pub1ic H eari n g on the Pav~ng Dis- trict . She st:.a t.ed that this is a c ooperati ve venture between the C ity and Mr. and Mrs. Al..dretti 7 and wil..1 h e 1p both parties . Mr. A1dretti stated that he wou1d agree to dedicate the 8 ft . x 30 f t. portion o£ the e a sement . He pointed out that the portion of the easement on their p:ooperty has not been a11owed to co11ect trash ; they have a L1ower g ard e n and the hedge in the area. and they have worked to k ee p it c1ean. Mr . A1dretti stated that papers from the industrial. p1 a n ts to the west of his property b1ow into his hedge. but not into his yard. -2 - • t·• , -- /' 32X • • • • c Mr. Rob ins stated he sti11 fe1t the dedication shou1d encompass the entire 1ength or the easement on the A1dretti property, and that at such time as Nassau Avenue right-o~-way is vacated, this portion cou1d be deeded back to the A1drettis. Discussion fo11owed. Henning moved: Weist seconded: The P1anning Commission recommend to City Counci1 the easement in the north 16 ~eet of Lot 11, Oxrord Heights, Second Fi1ing, be vacated; such vacation sba11 be subject to the dedication of tbe north 30 £t. o£ the B Lt . uti1ity easement on the west 1ine of the A1dretti property, said dedication containing 240 sq. ft., and as £urther defined in Case ~6-72 . The reason for the recommended vacation being that neither pub1ic necessity or convenience requires continued maintenance o£ this easement. The motion carried, Mr. Robins voting nay. IV. EASEMENT VACATION Lot 12, Oxford Heights Second Fi1ing CASE .#7-72 Mrs. Romans stated that in 1965, the City vacated the uti1ity ease- ment on the north 1ine of Lot 7, Oxford Heights, Third Fi1ing, which is direct1y east of Lot 12, Oxford Heights, Second Fi1ing. Mrs. Romans stated that she had contacted Mr. & Mrs. B1evins, property owners of Lot 12, in regard to the possib1e vacation of this ease- ment, and they asked that the easement be vacated. Mrs. Romans stated that the sta£f has contacted the utiLity c ompanies and con- cerned city departments, and there is no objection to the vacation . Mrs. Romans stated that, again, there is no pub1ic purpose to be served by retaining this easement. Weist moved: Henning seconded: The P1anning Commission recommend to City Counc11 that the easement in the north 16 feet of Lot 12, Oxford Heights, Second Fi1ing, as further described in Case ~7-72 , be vacated; the reason for the vacation being that no pub1ic purpose wi11 be served by the retention of the easement. The motion carried. v. SUBDIVISION WAIVER 4211 South Huron St. CASE =-8-82 Mrs. Romans stated this property is 1ocated north of West Quincy Avenue and is on the west side of South Huron Street. Mrs. Romans stated this is a rather 1arge parce1 of 1and, and the owners, Mr .. &. Mrs ... McLaugh1in, are seeking permission to se11 the north 75 ft. o£ the property. Mrs. Romans stated that the Subdivision Regu1ations have a prov1sion whereby if there is nothing to be gained by the £i1ing o£ a subdivision p1at such as pub1ic access, uti1ities, etc., the P1anoing Commission may grant a subdivision waiver. This Reso1ution granting the waiver is recorded with the Arapahoe County C1erk and Recorder as a part of the permanent record o~ the particu1ar rea1 estate.. Mrs. Romans stated that as far as this parce1 o£ 1and at 4211 South Huron Street is concerned, there appear to be no prob1ems --uti1ities are avai1ab1e, no additiona1 right -of-way is needed, etc. Mrs. Romans stated that it is tbe recommendation or the staff that the subdivision waiver be granted to Mr. and Mrs. McLaugh1i.n, giving them the right to se11 the north 75 ft. o£ their property. Mr. Lentsch commented that this wi11 make a beautifu1 bui1di.ng site. Henning moved : Vobe~da seconded: The P1anni.ng Commission grant a waiver of the Sub- division Regu1ations to Mr. & Mrs. McLaugh1in, 4211 South Huron Street, granting them the right to se11 the north 75 ft ... o£ their property as referred to in Case #8-72. The motion carried. -3- ;:: • !·li • • I' • - - c Mr_ Sup~nger entered the meet~ng. VI. BICYCLE TRATLS SYSTEM - CASE z::r S-72 February 23, 1972 February 8,1972 Mrs. Romans sl...ated that Po1ice Chief C1 a sby has been invited to the meeting to d1scuss various items previous1y co n sidered by the Com - mission in conn ection with the Bicyc1e Trai1 System~ and upon which the Co~ission wanted add~tiona1 in£ormation. Chie~ C1asby d~scussed the bicyc1e 1icensing program which is in ef£ect, and that which is proposed i n the Bicyc1e Trai1s System Report. Chief C1asby stated that at the present time, it is a one- time 1icensing program, the 1icense costing $.50. Chief C1asby stated that the present Ord inance governing the contro1 of bicyc1es was written many years ago, and gives no authority ~or impounding the bicyc1e. does not require registration or proof o~ ownership. and gives the Po1ice Depart~ent 1itt1e enforcement ca pab i1ity. Chie£ C1asby stated that the present ordinance requires that the 1icensing £unctions be carried out through the Po11ce Department; he has r econunended to the City Manager that possib1y the 1icensing program cou1d be expanded through use or the F~re Departme nt substat1ons. and that this cou1d he1p make the 1icensing become more e£~ecti v e . Chief C1asby reviewed the procedure now pursued by a bicyc1ist in an effort to ge t h is bicyc1e 1icensed. and stated that this is in- convenient for both the bicyc1e owner and for the Po1ice Department staff. Chie£ C1asby stated he fe 1t the proposa1 to make use of the Fire substations wou1d be more c onven ient for the bicyc1e owner. and that he a1so £e1t the on -duty firemen wou~d be better equipped to co ndu ct the inspection of the bicyc1es. Chie£ C1asby stated that today many of the bicyc1es purchased have no seria1 numbers on them. H e advocated the stamping o f such a number on the b1cyc1e at the tim e the 11cense is purchased; he further noted that today. eve n ir a bicyc1ist purchases a 1icense for h1s bicyc1e. and the bicyc1e 1S sto1en. it is very di£~icu1t to recover with on1y the 1icense as a record . Chier C1as by stated that the st amp i ng on o£ the seria1 number is another reason he is in favor o~ the 1icensing program being carried out by the Fire Department. Chie£ C1asby stated that the stamping o£ the seria1 number wou1d not be hard to do. nor wou1d 1t be expensive . and this would give one add1tiona1 method £or ruture identification. Chie£ C1asby stated that when he assu~ed the position o£ Ch1e~ o£ Po1ice. there v.as an ent1re .. room :Cu11 o1: bicyc1es .. that had been recov ered after being sto1en . but the owners cou1d not be traced. and there was no approved way to dispose of sucb items. Ch1ef C1asby stated that at the present time. bicyc1es that are recovered and whose owner cannot be found. may be (1) so~d at pub1ic auction. the funds goi n g to the Po11ce Benefit Association: (2 ) Donated to needy 1ami1ies; or (3) Donated to service c1ubs or charities ~or distribution to needy £am~1ies. Chie£ C1asby discussed ei1orts of the Po1ice Department to increase the 1icensing program through a pub1ic re1ations program in the schoo1s. and in co•l~unction with service c1ubs, such as the Kiwanis C1ub. which inspects and repairs bicyc1es for the chi1dren if they wi11 bring them to schoo1 . Chief C1as by stated that be re1t that most chi1dren·s b1kes were .. in pretty good shape·•. and that most of them are 1icensed; but . he s ta ted that a g ood many adu1ts don•t have their bicyc1es 1icensed. Chief C1asby stated that he fe1t a program to encourage 1icensing and an effort to make the 1icensing procedure con ven ient to the bicyc1ist wou1d be very benefi cia 1. Mr. Lentsc h asked how many accidents ~nvo1v ~ng b icyc1ists had occurred this past year or so? Chief C1asby stated that the number o:C a ccidents is ·•so insignificant .. that separate rec ords are not kept. -4- • -• r 32x • • • • c Chief C1asby suggested thaL a method or annual licensing should a1so be .:J..nst.iga-ted for bicycles, rather than the ••cumulative·· one- time procedure now in e££cct. Chie£ C1asby £urcber discussed the theft prob.iem, and noted that there were 344 b~cyc1e ~he£~s 1ast year, o£ whi c h 33 bicycles were re overed. He noLed that stolen bicycles are hauled out or the metro area by the ·•truck-1oad '' and are often so1d to second-hand dealers in other mun~~1pa~ areas. Ch1ef Clasby tben discussed the proposal of requiring proa L of ownership by the bicycle r~der . Mrs. Henning inquired as to what type o£ p~-oo.f wou1d be required? Chief C1asby stated that a reg~stration card as auto drivers carry wou1d be suf£~cient. Chier Clasby suggested that with the initia1 1icense app1ication, a bi11 of sa1e wou1d serve as proof oL ownership, but questioned whether we shou1d go that far in the proposed 1icens~ng program. Chief C1as by did suggest that once the bicyc1e was 1icensed, the rider be required to have the reg1stration in order to r~de the b1cyc1e on a pub1ic street. Discussion ~o11owed. Chief C1asby stated that .if t:he City did adopt a bicyc1e t:rai1s syste·m, that O rd:J..nar..ccs governing bicy cl'lst:s shou1d be adopted at the same time . Mr. Weist questioned whether the increased traffic has bad an effect on the number of' bicyc1es i.nvo1ved in accidents"? Chie£ CJ.asby stated that the increased traf£ic has had 1itt1e or no e££ect on the number of accidents with bicyc1es. Enf:orcement of present 1aws against minor bi yc1ists was considered. trs ... H e nning asked Chief: C1as by bow it wou1d be hand1ed . Chief: C1asby stated that poss ib1y there shou1d be a modification of Ordinances: he d1scussed the statutes which regu1ate b:icyc1ists. not i ng that the ru1es were ··vague •• • and he .fel.t they shou1d be strengthened . Chie:£ C1asby stated thaL the ·•de1.inqui.ncy·• provision woul.d be used in en.CorcemenL against m inors. bu ·t "'that adu1t bicyc1ists coul.d be cited into munic~pa1 c ourt. Mr. Lentsch asked Chief Clasby if he was in favor of the bicycle trai1 system as proposed in the report subm~tted to the Plannin g Commiss1o n ? Chie£ Cl.asby stated that he was not in fa vor o£ taking publ.:J..c streets and turning them into bicyc le paths . Chie~ Cl a sby acknow1edged there should be provisions £or peop1e who want to ride bicycles, but pa~·ticu1ar1y i£ the increase of b1cycl.ists ~hat .is ex- pected does occur. "'they shou1d noL have the b icyc1e 1anes on a pub1ic street. Chie£ C1asby cited an incident when he drove .Crom S a nta Fe to Broadway on Ridge Road. which Road has a bicyc1e path al.ong iL, and stated thaL ~hcu he drove this route during the ''ni ght -t1me hours•·, bi.cy 1ist..s using the bi cyc1e route caused a de£ninite hazard. Mr. Brown asked Chie£ Cl.asby i£ bicyclists were ever ticketed £or running red 1ights, sLop s1gns, etc? Chief C1asby stated there were no court citat~ons 1ssued in 1970. 1971. or to date in 1972. Mr . Brown then asked i.C Chie:f' 1asby 1.'e1t the Ordinan ces needed to be .. tigh-t.ened up .. ? Chie:C Cl.asby stated that be did .1'ee1 so. Mrs. Romans noted that Mr. Royther of the Parks Department wi11 be prepared to discuss the b~cyc1e 1ane system at the time o£ the meeting of the P1ano i n g Commission and Parks & Recreation Co~ission. Mr. Lentsch t.h.anked Chief: Cl.asby for attending the meeting, and for his views on the matter. -5- • '· 'T • • T 32 X - - - - VII. c PARKS & RECREATION C OMMISSION Marcb 29, 1972 - Mrs. Romans stated that a suggested date £or the meeting o £ the P1anning Commission and the Pa r k s & R ecreation Commission is ;tarch 29th. !lolr. Lent..sch noted t hat this wou1d be a specia1 m eeting f or the P1anning C ommi ssion and m ight possib1y be a s p ecia1 me e ting £or the Parks Commis sion. Mrs. Romans pointed out that it was a ••suggested .. date on1y. M.r. C ar1son asked if this me e ting cou1d be worked in with the P1anning C ommis si on regu1ar m eeti n g , or maybe with the Parks Commission reg u1ar m eeti n g? Mr. Supinger stated tha~ it was £e1t bo th Comm issions cou1d spend one entire evening in discussion or the bicyc1e trai1s system , and that perbaps an e v eni n g when no other business had been scbedu1ed wou1d b e best £or this m eeting . Mr. Lentsch stated the P1ann ing Commission wou1d p1an to me et with the Parks Commi ssion on ),\arch 29th. VIII. DIRECTOR'S C HOI CE Mrs. Romans stated that Mr. Fred Wo1£, a member o£ the Denve r P1ann i ng sta££, has o ffered to come to a P1anning C ommis si on meeting and e x - p1ain the Denver Bicycl..e Trail.. system . Mrs~ Romans questioned i£ the C ommission wou1d want to set a meeting date to bear Mr. Wol..f 's pre se ntation, or i£ possibl..y they might want to invite him to the Parks Commission /Pl..anning Commission meeting on March 29th? Mr _ Lentsch questioned that the C ommission was ready to bear Mr . Wol..f, and suggested that when he did make his presen~ation to the C ommission, his time shoul..d be 1imited to l../2 hour or so~ Mr. Lentsch noted that he had observed bike trai1s in Lakewood and Aurora, and that no one wa s us i ng the trai1 s in Aurora, for i nstance, at 2 p.m. on Sunday afternoon. Dis c ussion £o11owed . Mrs. H e nning stated she fe1t there is a need to expand the bicycl..e l..icensing program, and that this coul..d b e done right away, inasmuch as it does not tie into the bicycl..e trail.. s y s tem itse1f. She further stated that she woul..d l..ike to see firm recommendations £rom the staf£ on c hanging the Ord inances concerning bi c ycl..es. Mr. Weist commented that he does not fee1 that the City of Eng1ewood is in any rea1 hurry to get into the bicycl..e trail.. system , and that perhaps w e shou1d wa it until.. the Denver system has been in operation for a time. Mrs . Vobejda stated she agreed with Mr. Weist, and that she fe1t the City shoul..d take it ··one step at a time·•. Mr. Carl..son sta t ed he woul..d 1ike to have information from Litt1eton residents who l..ive a1ong bicyc1e trai1s. For instance, do the :residents .Cee1 that the ··buttons·· markin g the trai1s have any e1.Cect, and do the bicyc1ists ride i n the desig nated trail..? Do th e residents sti11 park the automobil..es i n the trai1s; Mr. C ar1son stated he fe1t ~here was considerab1e research that shou1d be done before a decision was made. Mrs . Stanl..ey sta ted she fe 1t the Commission shou1d be ••tota11y in- formed··; she noted that the pro.ject is expensive and she fe1t the Commission shoul..d have as much in£ormation as possib1e _ Mr s . Vobejda asked if M.r. Wo1f wou1d come to the meeting and give just a background summary or the Denver system? Mr. Car1son sug- gested that this be p1aced on the Agenda for the next meet ing if the agenda isn 't too fu11 . -6- • 0 -- I' • • • • c Ir. Rob1ns stated he Le1c much more research must be done : he noted that ~t :t.s a ""1ot or money to put ~nto ~t when you don"t know ~£ people wi1l. use 1t··. Mr. Brown sLated he felt Mr . Wol£ shoul..d come t.o a Commission meeting; he stated he .f'e1t. we shou1d taJ..k to a11 the ··research peop1e .. that: we possib1y can , and then form a decision. Mrs. Romans st:at.ed that 1tems suggested for d:J..scussion with the Parks & Recreation Comm1SS10n are: 1.. A br:iefing on the Core Area P1anni..ng Conun:t.ttee. 2. A br:t.eL'"l.ng on the Workab 1e Program C:i.t.i.zens" Committee . 3. DiscuSS100 or dra1nage park-ways. 4. Discussion o£ the go1£ course study . 5 . Oiscuss:t.on o£ possibl.e parks a1ong South P1att:e River. 6. The KLZ S1te pl..ans. 7. The Bicyc1e trail.. system . 1r . Lents ch stated he wanLed to discuss the goals of the Parks Com- m1ss1on : he sta~ed he wanted to rind out what their goa1s were for the next ten years, Lor :t.nstance . He stated he a1so wanted to know how much park land the City should have for the population we have . Mrs. Henn~ng stated she £e1t the goals o£ the Parks & Recreation Co mm~ssion cou1d tie i.nto 1ater d~scussions on the Capi"t...a1 Improve- ments budget . Mrs. Romans asked that reservations ~or the DRCOG Annua1 Dinner meeting be con~irroed. n:aose attending: Mr . &. 1\Jrs . L-entsch: Mr . &. Mrs. Weist: M..r .. &. Mrs . C arlson: Atrs. Stan1ey, and Mr . Brown . Mrs. Romans s~ated t:h.at t:.he Sem:t.nar Cor Plann1ng Conun:i.ss~on members has been schedu1ed on Thursdays from larch 30th through May 11th, 7 p .m. to 9:30 p.m. MJ~s . Romans stated that th1s is a cooperative venture o£ the DRCOG and the Un1versity o£ C olorado, Denver Center. She stated that she £e1t there were we11-qua1ified people involved in the Seminar, and urgE"d members, part .1.cu1ar1y new members, o:f' the Comm.1ssi.on to part..J.c:tpate . Mrs. Vobejda stated sh would 1ike to paJ~ticJ..pal:.e :1n the Seminar. Mr. Carlson asked i .f' l:.hi.s was a "cont:inu1ng program··, or i.f one member could attend one even1ng, and another membeJ-at"'t.end a di..f:fe.rent eve·oi..ng . M:r. Supingcr st ated he .fo1t i"'t shou1d be c1assif'1ed as a continuing program, with attendance at a11 sessions advisab1e. Mrs . Romans asked i.J' l:.he C onun1ssion members .JJanted to set another specia1 meet.1.ng date for discussi on o£ the Sign Code? She pointed out that t.he Comm:t.ss.i.on now has meet1ngs set:. for March 15th, 21st, and 29th. Mr. Lentsch suggested that this matter be brought up at the next meet~ng, and Lhe date be set at that time. IX . C OMMISSION 'S C HOI CE Mr. L entsch st.at. d he felt the C ommission members shou1d make an effor~ to view matters which it wi11 be considering , such as the two easement. vacat.1on requests consi dered this evening. Mr . Lentsch stated he was st111 concerned about the Jason /Ka1amath A11ey in the 4000 b1ock , and stated that he £e1t 1t shou1d be made one-way . Mrs. Romans stat.ed she would bring th1s point up to the Pub1ic Works Department :Cor ·their cot_'l.Sideration • Mr. Lentsch asked Mrs .. Henning and Mr . Bro wn for a sUJnm.ary of the City Counci1 meeting. Mrs. Henning stated that O ffices , Ltd., has redesig ned Lheir bu1ld1ng, and now d o es n ot need the height exce p ti on because they have prov~ded sufficient setback to off-set the exceed e d -7- • • 1'32X • • • • ( height. The app1icant bas now purchased the north 247.6 feet of 1and on the east side of the b1ock (west side of South Sherman Street). and the Counci1 wi11 vacate the entire a11ey in B1ock 6, Premier Addition. The Commission wi11 need to review the parking p1ans again, however. Mrs. Henning stated that Counci1 passed a forma1 reso1ution approving the request £or Federa1 funds for the Northwes t Eng1ewood Greenbe1t, and for storm drainage in northwest and northeast Eng1ewood. Mr. Lentsch asked i£ Counci1 approved the attendance of two members of the Commission at the ASPO Conference? Mrs. Henning stated Counci1 did approve such. Discussion fo11owed. Mr. Lentsch, Mr. Car1son, and a11 indicated a desire to attend this conference. that if the approva1 was on1y for the attendance of wou1d withdraw his name. Brown moved: Mr .. Robins had Kr. Robins stated two members. be Vobe~da seconded: Mr. Leo Lentsch and Mr. Kenneth Car1s on be de- signated as Commission representatives to the ASPO Conference to be he1d in Detroit. Michigan, Apri1 15th-20th. The motion carried. Mr . Lentsch discussed the expense payments of the P1anning Commission members. which is $16 per month as contrasted to other Board and Commission members who receive $25 per month. He stated that Mr. Dia1 had indicated he wou1d check into this matter at one time. and Mr . Lentsch asked that the m .atter be pursued.. Mr. Robins stated he didn" t ""know where anyone arrived at the figure of $16 per month ; the P1anning Commission does as much work or more than the rest of them·• .. Mr. Lentsch asked why East Dartmouth Avenue from Logan west to Broadway has not .been widened to match Dartmouth Avenue east of South Logan Street. He stated he fe1t this wou1d be a reasonab1e improvement.. Mr .. Car1son suggested that this pro~ect might be one for the Core Area P1anning Committee to consider. a1so. Mrs. Romans discussed a memorandum to the Commissi on on a fo11ow -u p of Case #4-71. the vacation of portions o f South Huron Street and West Corne11 Avenue at the request of Wins1ow Construction Company. At the time of the action by the Commission. Wins1ow Construction Company agreed to a "'decorative mesh-type weave·• in the chain 1ink. fence they proposed to insta11 across the south side of their property, which is ad~acent to West Dartmouth Avenue. This decorative mnteria1 has not been insta11ed as yet. and upon contacting the Construction Com pany. the staf£ has been assured that it wi11 be. There apparent1y have been prob1ems in obtaining the materia1 for the fence . Mr. Lentsch discussed the parking 1ot north of the First Nationa1 Bank. He stat.ed that he fe1t the Ordinance shoul.d be amended to require better surfacing than has been p1aced in this parking 1ot. Discussion fo11owed .. The meeting ad~ourned at 9:50 p.m. G~-~~~z~ Recording Secreta:Y -8- • • • • • c fa.tEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: March 7. 1972 SUBJECT: Easement Vacation Lot 11, Ox£ord Heights, Second Fi1ing RECOMMENDATION: The P1anning Commission rec~end to City Counci1 the easement in the north 16 £eet of Lot 11, Ox ford Heights, Second Filing, be vacated ; such vacation sha11 be subject to the dedication o~ the north 30 ft . of the 8 ft . utility easemenL on the west 1ine o£ the A1dretti property, said dedication c ontaining 240 sq. £t ., and as £urtber defined in Case #6-72. The reason ~or the recommended vacation being that neither pub1ic necessity or convenience requires continued maintenance of this easement . Respe ct~u11y submitted, By Orde r o£ the City P1anning and Zoning Commission G~~-4~_q;k~ Recording Secretary -9- • \ ! "!' • • T 32X • • • • ( ( MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING C OMMISSION. DATE: :March 7~ 1972 SUBJECT: Easement Vacation~ Lot 12, Ox ford Heights, Second Filing RECOMMENDATION: The Planning Co~ission recommend to City Council that the easement in the north 16 feet of Lot 12, Ox ford Heights, Second Filing, as further described in Case #7-72, be vacated ; the reason for the vacation being that no public purpose wi11 be served by the retention of the easement. Respectfully submitted, By Order of the City Planning and Zoning Commission . de;;::;~~ # _;;?~ GERTRUDE G. WEL Re c ording Sec retary -IO- • • • r 32x • • • • 0 - O FFICI AL C'I"J:Z COU 'CIL OC UMF,... WORKABLE PROGRAM CITIZENS' Regu1ar Meeting March 23, 1972 COMMITTEE -. . ~ Members present: Members absent : c cu · ._ _ . __ -,, F Cf'l"'Y O F E GLEWC OO, C Ruth H. A11en; Bever1y Gonza1ez; Char1es Henning ; Reverend Herbert Hosanna ; George Johnston; Herbert Mosbarger: J. Louis Parkinson ; Berry S1ater ; Jacques Stackhouse ; Gi1bert Va1dez; Russe11 G. Woods, Jr.; and Dr .. Char1es Zartman . Wi11iam Boom: Ma1co1m E. Co11ier, Jr .; Pat Decker; Judith B. Henning ; Edna Hern; Mi1ton Senti ; Wi11iam Stevenson ; Edna Tourte1ot and Vi Weist .. O ther persons present: C1arence Freeman. Pub1ic Information Officer. Denver Mode1 City Program; Car1 Zennon. Administrative Intern; James L. Supinger. Director of C ommunity Deve1opment. The meeting oL the Workab1e Program Citizens• Committee was he1d in the Community Room of the Eng1ewood City Ha11 and was ca11ed to order by Chairman Parkinson at 7:35 p .. m. The Minutes of the meeting on March 2. 1972. were approved upon a motion by Mr .. Johnston and seconded by ~tt. S1ater ~ A!r. Parkinson introduced Mr .. C1arence Freem.an. Pub1ic Information Officer with the Denver Mode1 City Program.. Mr .. Freem..an showed the Committee a doc\.Uilentary fi1rn entit1ed ··The Pub1ic Wi11"" .. This £i1m is presented by the Nationa1 League of Cities as part of its cont~nuing program to o~fer eva1unt~ons of mun~cipa1 governme nt trends to city officia1s and to citizens . Mr .. Freeman 1eft the meeting fo11owing the sho wing of the documentary. He o~~ered to attend a future meeting of the Committee to discuss the Denver Mode1 City Program. Mr. Henning distributed c opies o£ a pub1ication prepared by the Regiona1 Transportation District which sets forth the Phase I Concept . Mr .. Henning. a member o:C the Arapahoe County Advisory Committee to R.T.D •• said that the District wi11 now begin work on Phase II and that he wi11 we1come any comments from the Committee members. Mr .. Supinger reported that RTD is refining the "brush .. approach of the p1an and have designated Eng1ewood as a prime transporta- tion corridor. The Eng1ewood centra1 business district is con- sidered an activity center and the District wants to work with the City in determining where the route wi11 go .. ' • \ ! ~ • • • • • • 0 - The Committee di sc usse d Lhe RTD p1an and the Eng1ewood-Litt1eton- Ft. Logan bus service. Mr . l.1osbarger and l\1r. Johnston expressed concern that bus servi c e has not been extended to the res~dentia1 area in northwest Englewood . Mr . Supinger explained that the Comprehensive Plan, approved in 1969, recommends that the bus route be extended into the residentia1 area th r oughout the City, but that the expansion of Lhe service appears to be a question of priori..ty. The fact sheet explaini n g the Loca1 Hous ing Authority and the Ur ban Ren ewa1 Authority was discussed . In£ormat1on used i n the City of Littleton wben persons in that City were c onsideri n g the estab1ishment o.f a Loca1 Hou si n g Authority was distributed for information . It was the Fee1i n g or some of the members that a di££erent £ormat wou1d be mo re satis£actory . At the March 2nd meeting, the staf£ was di r ected to have petitions available on this date Lor members to circulate, petitioning the City Council to create a Local Housing Authority and an Urban Renewal Author1ty . These petitions were available and most members took one of each o£ the two petitions. It wa s the concensus that, even though on1y 25 s ignatures are necessary on each of the question_s to petition th e C:t.ty Counci1 to c on- sider the establishment of tbe t~o Aut..hor:t.t:t.es, it would be advisable to obtain as many signatures as poss:t.b1e . Apri1 13, 1972, was the date set £or the return o£ the s:t.gncd peti..tions _ Tbe matter o£ press re1eases on was discussed, and the ma~or~ty of the opinion that it ~ou1d b to the press. the c1rculation o£ tbe petitions o£ the Comm~ttee m e mbers were appropriate to issue the release Chairman Parkinson c a11ed Lor reports from the sub-committees: Publ ic Relations : No report. Code Enforcement : lr. Valdez report d that this c omm ittee had met and wou1d have a report at the next meeting . eighborhood Developmen~; Dr. Zaronan s ta~ed that the presentation by Mr . Robert Davis at th Iarch 2nd meeting bad cov ered the eighborbood Development Program quite thoroughly; be had no Curtber report . Loca1 Hous~ng Author:t.~Y -Urban Rene~a1 Author:t.ty ; No report . &~. H enning reported that be understood a rather unique Ci ty- s pons o red 1and acqu:t.sition program 1s underway in Dearborn, Michigan .. The C:t.ty has sec up a revo1ving .Cund to purchase houses wh:t.ch are dilapida~ed . The house 1s razed and the 1and is so1d .Cor new housing. Mr. Supinger stated that he wi11 be -2- • • • r - - 0 - in Detroit, Michigan .:1.n Apr:L1 t:.<> attend the conference of:' the American So i.ety of Planni.ng Off:i.cia1s and he would try to obtain details on the Dearborn program at ~hat time. Sane of the members had expressed 1nt.erest .:1.n a meeti.Q?: with representatives or the hletro Housing Ce nter . It was agreed that this would be the program at the next meet.:1.n.g. A tour was d.:1.s c ussed and C hairman Park1n ~on sugges ted that this matter be placed on the agend a for the next meeting and that the members jot down any suggestions they m1ght have about areas to be covered on Lhe tour . These su~gest:Lons wi.11 be considered at the next m et1n~ and a tour scheduled £or two or three weeks later. The C ommi1..tee had discussed 1nV1t.ing membe1.·s o.f the College View Project Area Com.mittee to meet w:J..th t..hem and suggested that this be p1anned £or the May meet1ng. May 4th was a suggested date .. ~tt. Johnston asked whether or not it ~ou1d be premature £or the citizens 1n Northwest Eng1ewood to consider appointing members to a Pro.Je t Area Com.m:J..tt e. Mr. Sup1nger sugges -ted it migh~ be p mature to appoint that committee but that cer- tain1y the C:J..t:J..zens ou1d d:J..scuss the deve1opment of their area. ~tt-Park:J..n son rem:J..nded the members that the By -1aws estab1ish one year terms or office for of~1ce rs and asked if this matter shou1d be p1a ced on the agenda 1or the next meeting? The present o~f:J..cers were e1ected on lay 12 . 1971. The By-1aws provided that of£~cers may be r e 1ected. Discuss:J..<>n o£ the appo1ntment o£ a Record:J..ng Secretary fo11ow e d. Mr. Henning moved, Mrs. A11en seconded, Lhat the City tanager and Person ne1 Director be contacted and urged to secure the services o£ a p rson to act as Recording Secretary to the Workab1e P rogram C~tizens~ Committee, in order that the staff member acting in that capacity cou1 d participate more e1~ective1y i n the bus1oess o:C the comm~ttee. The motion carried. tr. Supinger reported that the request Lor Federa)._ assistance in the greenbe1t and s ·torm drainage prog am 1n Northwest Eng1ewood wi..11 be approved . He tol..d "t:.h Comm:1..t tee that he has suggested that a modu1ar un~t of some type be p1a ed on 1and in the new greenbe1t area on Sou't.h Vassar Avenue to serve as a sub-City Ha11. This c ou1d be used .for meetings o£ citizens in the at-e:l. nn information ce nter and headquarters Cor the Environmenta1 Code en~orcement orficer in that area~ He is oL the opin"J..on that this wi11 be a way o.f making the 1oca1 government more access1b1e to the peop1e and this , Mr. Sup:1..n ger :Cee1s, :J..S mo st important, espec:1..a11y at this time when the re- deve1oprnent. prop;ran1 is be1ng cons:1..dered. -3- • -• '. "!' T 32 - - - - 0 - The Committee discussed the 1ocation o~ the Fire Station pro- posed to be bui1t in the northwest Eng1ewood area and questioned whether or not that bui1ding cou1d serve as the sub-City Ha11 Mr. Mosbarger questioned whether or not there wou1d be sites for bousi~g on the s o uth side of West Vassar Avenue. Mr. Supinger stated that in order to get Federa1 assistance in tbe open space and storm drainage progr am . the 1and has to be used for open space and recreationa1 purposes i n perpetuity. Mr. Supinger stated that the greenbe1t program wi11 i nvo1ve 9-1 /2 acres ; seven acres is between Te~on a nd Zuni and the remaind er is east o £ Zuni where a strip 150 feet wide wi11 extend fr om the east sid e of South Tejon Street to the rai1road s pu r on t h e east side o f the City boundary. It was the c oncensus o f the Committee that Mr. Supinger•s idea f o r a s ub-City Ha11 on the greenbe1t site has considerab1e merit and that it shou1d b e pursued. Mr. Supinger announced that the City wi11 be contracting with the Denver Urban Renewa1 Authority for re1ocation services in re1ocating the five fami 1ies who wi11 be disp1aced in the green- be1t acquisition. The City wi11 pay DURA on a cost bas is out of the project money. Mr. S1ater asked if persons wi11 have to be re1ocated if tbey don't want to be? Mr. Supinger said that in this case. the fami 1ies wi11 be re1ocated in any event; but that be under- stands that two o f the five f ami1ies invo1ved are very much interested in re1ocating . In each case. the owners wi11 be paid a f air market va1ue for their property and up to $15.000 additiona1 in order that they can purchase a comparab1e house or a house -hich meets the minimum housing standards. I f the owner is occupying the house. he wi11 a1so be given moving expenses. If the house is renter occupied. the owner wi11 be paid the fair market va1ue and the tenant wi11 be provided assistance which can amount to $1.000 a year f or four years. As an examp1e. ~~-Supinger suggested that it can be assumed that the City wou1d bu y the house at a fair market va1ue of S5.000 and a compara b1e house wou1d cost S20.000. The City wou1d pay the fair market va1ue. $5.000 p1us the additiona1 $15.000 necessary ~o purchas e the $20.000 house. In addition ~ the owners w ou1d receive moving expenses. Mrs . A11en reported brief1y on the critica1 housing prob1ems that she observ ed in Hong Kong whi1e on a recent tour o f the Or ient . The meeting was adjourned at 9:55 P.M. Respectfu11y submitted. ' -- T 32X - - - - 0 - Fire Dep:1rtment In s tr-uctor· s Con.ference Kansas City .. :\llssourl :\larch 1-1-17., 1972 T he '"F!)ICn .is s onsored by the Insurance Se: :.-vi..ccs Of" .!:i.ce • . .:..d·.:£st.crn Rc&ion .. Ch..:ti.r-a -:-1 Ke nne th L .. St:a.~!:-=>n (F ire PrevEnti.on Di.::-ect:or. ISO ""-cl c.o ... cd th e c onfe r ee s P nd ex?!~~n~d the c h~r.=c in sponsorsh~p n ~e ~ ~c.h '\oo:"a s fo~e -=ly the \:c.stc::T'l A ctua r ial Bu :.-.au . Thi.s program was p1an~ed by a 7 0 -r.an co ~~itte e mee ting i.n Ch i.c ago 1ast Dec.e::-tbcr , ... -hi.c.h c o nsid e red o"-e r 300 sug:&estions sent i.n by interested Fi r e Depart~e nt or i ented people . In a ke)~ote address evaluating the role of the fire service in modern society. Professor Richa rd Bland. Chai.rman , Pres.ident •s N~ti.on a 1 Co~iss ~on on Fire Prevent~on and Contra~ (Penn State Uni.vers:..ty) ....... -arned th ~~ .. widely fract:.i.onalized po,...-er as i.t exists in the A.."":'teri.c an Fire S er,·i.ce i.s ....._,.or k .i.ng t o its de::.ri.r::'lent'' i.n contrast t.o .r::teri.can p o lice se=-v-i c.es . tie c.onpa red f i.re fi.,ohti.ng "'·i.th 1odern a c hi.evc::tcnts i n space tra,·el. ,,·i.th its ''magnific ent mach i nes a nd ~e t:i.cu l ously trained " operators. ''Our machines a re not ad a?:;.i ,~e and our di.sci.p li.ne is rotten". he said . "The fire ~~~b!il t: ~~~eb~~~~~c~h:oft~!l~~r!~~~~m~~!~~y~t=~~d :ec~~;~ally ... i.nci.dence co ~pa red wi th po~ulati.on &ro ~th is nearly consta nt ••• fi.re loss versus g ro ss n a tional proCuct i.s dec.reasi.ng ••• fi.re protection t e chno l ogy is as ~e11 developed in the U.S . as anywhere in the wor1d ••• Nonetheless. f i re figh t e r c~npower is util i zed effec tive - ly less th3 n 2 0% of the tim e, only 3~ in fire fi&ht~n g . A ct ive fire i.ns?ect ion, he said, a n d prevent ion activities would seem a most ap;>ropri.ate utilization . "Disease con trol is most effective when it prevents disease , not " ... -hen it finds ,....-ays to cure. The fire problem is similar ," he point ed out . For this reason. the priorities established by the Nati onal Cotnmi.ssion list .,prevention .. fi rst ••• early and r eliable detect ion second ••• and fi re su ppr ess~on last. Roger C. K rafft (Secretary, ISO N .Y.) said a s he explained that ISO established in 1971. cons o lidated \iestern Actuarial Bur eau . other regional insurance and state ratLng bureaus ~nd their services under one national organization . \Jhi1e ISO 's home office is in New York. it has at least one office in every state, he said. ISO continu e s to evaluate m unicipal fire defenses vLa its town grading services as successor to Ame rican Insurance Association . He concluded by &iving conferees a brief history of FDIC from its tiny beginn ings in 1928 (eig ht persons} to i ts present gigantic. annual attendance of over 4.000 persons. • \ ~ -- 1'32X - - - - 0 - __ Co~-:o~n T . -~~~ C1o~~sv~~~e F~) to1d the con~ere~s th e ~ ~e hav~ ~c~~ tnl ~:-~ ~~=c p =c v~n~~o~ to pcop1c ~~as~ =a :~ co~c~rn a~c ~n~~r~s~ ~s fire s~??=cs5 ~vn . poin~in ;; o~t ~h a t pre -pl3nn~r.~ sh ac:c c-r~:c o ~-rc !:_htc: to c onditLon hi~s•lf ~aaL nst surprise . to n ~~le h~~ ~o :c~c ~~rc s~t~&L iors corre cL ly . -r.d to ~e t ou~ o[ a b~~ ~ire si~cct~o~ ~~ one piec e . Cs "n& slides . he showed a.1 1. c.~r ... co.ct.c: ~or c!:!:c c :::.:....".-£. si.?c -ury and at t a c k b.::~. seC upon pre - p1annin0 inspection forr..s . !'1A1!'1 ST3.EET 1..' .S .A . ,.;-it':-\ its b-..:i ldin g s of "ordinary c ons truct i on" (~aso nr y ~alls . co ~b ustible roofs and inter iors) c an be d ea th traps for fi.=e depar~:-:1e:n::.s . T h:..s y,;.as the therr:.e of F. L . B-::-.o.nni.gar:., (!'~ontgo"'"""Y Co l 1e~e . :'.ock.vi lle . :-!d .) ..:ho (i n his O"'--n i nimitable rapid -fire style) "hizzed the aud i e nce throug h a serious of 100 - or ffia r e slides sho"Lng a c~u a 1 instances of faulty "ooc -joisted con stru.ction . "These buildings are bui1 t to co11apse :i.n.,.ard wh e n ;;;,utted bv fire" • he said • "a nd you know on \::HOM ---the f i r e fi.g,hter ... C H E ~ T R E C (Cheoica1 Transporta t ion Emer g ency C e nt e r ) is a natTona T T nTornation faci1ity (operated around t he c1ock ) to provi de i~-cdi a te . on-site a ssista nce to the scene of a c hemic al. transportation acc ident. John C. Zerc her ( ~nufa cturin g Chemist A s soc iation) r elated to the con fe renc e . Then . maki.n g a n actual. to1 1 free phone ca11 (S00 -424 -9300) from the a uditorium s t age to Che~t r e c i.n •.:ashingt o n. D . C •• the speaker demons trat ed how f i r e services can obtain i~ediate inf o~a tion as t o properties and hazards of c hemic als involved in a n a cc ident to deterr.>ine what first s t eps shou1d be ta ·en to c ont r o1 the emergency. CA PTA"l~ RALPH S!-1ART (Ca t e r pi.11ar Tra ctor Co.) gave the a udience an actual. de~ons tr a tion of audio-visual. me t hods used by his com;:>any to "'d r i.ve hor:1e" t':-\e i.m;:>o rta nc e of fire prevention and fir e safety to indus tr ial. p1ant emp1oyees . showi.ng a c tua1 ~azardous c onditions with resu1tant probab1e fires and exp1osions. FI RE CH1 C F ALLE~ HULETT. aided by a series o f attract i.ve s1ides. in detail. desc ribed the nany innovations and ideas of his FD ••• in recruitnent ex~~s ••• training r equirements ••• specia11Y, desi~ncd equipment and a c ooprehensive "pre-f i re p1an program" cons >-sting of inspection diagr~~s and pictures of a11 1ar ge industria1- commercia1 business of a modern FD o f the seventies. H ENRY D . SNITH (TEXAS A & M UNIVERSITY) gave the audience a c1ose 1 ook a t n ew methods o f quick fi.re attac k using 1 a rge diame ter hose (5 and 6 i.nch). pumping 2000 G PM at pre ssures of 200-225 p.s.i. - 2 - • \ -- ~'"32x - - - - 0 - ------~ ''IS T !~'IS V O'-'R L .~.s T .".L.·.:::·?'' Bruc e -::. T ccl. (:-:Fr. ) i.ntroduc.cd thi.s so~~er subjec t o~ f i=c =~=~te= Cc ~ths ~y r c~d~n ~ to t he ~u icnc a a shoe ·!.n ;;ly lo:1.;::. !"1."..1-:,e -::-o!: r:.c ·.:s a c.c o':...l nts of a ctu u.l :;:ortall.ti.cs , bo:h to v o,untccr anC ~a~~ !:!.r~~c n ••• ns h e =c~~~d eC c o nferees : "·.:c:::c l~ill i"":ore ::-:.e n i.n :!oi.s occ t...:po t :lon tha n a r c k.illcc::! i n a ny othe~!'' Th cv e re kL ll ed he s..:l~c::!. ~ E C -~ l" S E they C i7ht f ~r ••• n re subject to e:x tr e~es of p ~yS!.C .o.T Cf'"f'or t: a nc::! psycholo _;;.:.cal t E:ns ion ••• are ofte n too ol d ••• a =e not i.n best physical cond i:~o n ••• arc v i ct i~s o f -r tor o cc :~e n:s ••• are noL t rc1ned to protect th crnsc l. res ••• or ••• ~r c :oo h ns :y , c o r.fL de!"1.t or c areless . Then , ~s~n g pictures of ~ct u~: Cire s c cr.cs , Teele held the ~udie nc c i n rapt a ttenti on as h e fi.reC c -:..J es ~io n af ::.e =-r:ues ti.on .. do you do th is?' or .. Do you do tha t"?'• as he poi.nted to d.:tngerous pr.::tctices """h i ch th ese fire sce=-tcs r evealed . J\SSISTA:IT CH IE F J . V. J . .<'.C K50N (Orl 2nd o . Fl a.. FD Tr •g Div.) gave FD I C an out l~n e f o =-sett~n~ u~ e model FD training p=-ograo in - c or poratin& three basic c a te &ories. n a~cl y. r~cru L t trai n i n b ···in - service t=-ai n i ~g ••• ~r.d spccLal train i n &• He descr ibed the sub- jec t na tt e ~ fa=-e3ch of these c a t c ~ori cs s~at~n g th e ::. the p ro~=am shou l d in,-ol'\."e a certain a."'Tlou nt of com petition keyed to motiva ti.on o !:' the stt...:dcnt . C O::>.TE !<E!.S RECSn'E D A SP:".R KLING REVI B: OF FI RE SEAS.CH "'"'JD RESCUE tr 2i n i n ~ ~ro c cdurcs AS Ch ie f J o hn DeJong (La~ewood . Colo . FD) ••• Ki th th e aid of sliCes ••• co'\.·ercd the sub j e c t s of ~anp o• ... ·e r re nui r e""'lents. n e c essary eoui~~e nt. a nd net hods o f sea r c h i n g out and extrac ting f i re victi ~s fr o~ buildi n ~s . A ft e rnoon '\-.:Or'L::shop sessions , .. ·ere h eld from 1 :30 P.l"-f. to 4:30 P .. l-1 . As Chief . I a ~=e nded s~ops ~ncludin g adm~nist rati ve problems such as na n?o ~e r d ~str i b ut~on. f i r e house re -locations. rev ~si on of persornel h i rin ;; ste-:-tda rds. h~r i.:-~g o= m inor i t ies , v a c a t ion .o.nd s"cl;:: leave . di5c.inlin..-:. and pav ol a n problems. !·lany uni<'!ue ideas were dis cus sed i n dealin& with these o roblems . C apt . l'!"cCa rty attend i n g ""·orkshop sess~ons invol ving training pra ct ices . aids . p rog ra.'ll rra teria.l. e tc . • most of ._vhi.ch Kill be included Ln ~etai.l in t he transcript of workshop s es sions to follow . D E V !':LOPXE~T S Dt:!":ING 19 70 HAVE SHATTE RE D .• ~N ILLuSIO.' that the prob lcns ~~ ~~c ~~~ u~r est h a s dLsappeared or even dimin ished •. ~jar G e n eral ~ouis R . K a~sey (P rovost ~~rsha 1 ., U .S . A~y ) warned conferees as he explained the work o£ th e Depart~cnt of Defense industrial defense p rog ru-n . ''The thr ea ts of bombi n g s . a rson , and other physi.c .al acts of destruction .an d disruption are bec o min g m ore prevalent in industry ." h e. said . ''and t.hcre is no panacea ••• no mag ic f orrnu1a. ••• for th i s comp lex situ.ation that '\V.i.l l produce i mmedia te results .'' He urged full c ooperation of the fire servic e in the implementation o f industrial defense oeasures . -3 - • • - - - - - 0 - C ,..'\PT;'\.T~ S .~ft.J EL S . COBB (.lo=fo1~::., Va .) c.o.11ed u-;-on f i..re officers and instruc::.ors to rid thC<-:-'SLl'\.·cs o£ ''a p a!:.~1.y , procrasti.:-:a.ti.on 7 and ind .if=e=en.c(:;;:·• to· .... ·orc! ::.ra~~:!..r .;. p roc;ra:-.s .i-:-t arso~ detection . ..e are 1i.,·i.n ~ .in. a. soc :!..ety t h a t h a s produc ed a ne\ ... type of revoluti.onnry cr i~inal,' he said. point.in~ ou t ~hat 173 suspi ci.o ~s o= ~rson fires occur e a c h C .:::t -i.-:-1. ~ .. -::: 1_· .S . '' ,..'\. fire rec rui.t o!:ten recc..:._,-~s ~ess than t KO hours ' i.r:s::.r~c..::. .:...o':"l :!..n a rson detection anG ni.nc c.i·--:t....s out: of ten th~s is the last he hears on the subject unti1 r etireme nt,'-he said . '~fen n eed to be pro p erly trained in arson :investig.a.::.ion and detection if N·e are to stem the ri.s::_~g; t .i.de of s e t fires." FIRE P:-l.OT E CTION ••• FIRE FIGHTI~G ••• A~ RESC UE I:--."VOLV ING HIGH RISE BUIL DI .~Gs c a..-:-:e i...n fo-:::-clo se e na~y s i.s by four oual:i.fi..ed <>-uthori...ti.es on th i s ,&ene r al s~J.'b j ect :.atter. CII =ST E~ ~:. SCIII ?~-~:: (Schirmer E n ~.ince r :i n.~ Corp .) defi.n~d 2 hi.g h ri.se building as "one .i.n " ... ~hi e fir e ~ust be fought internal~y because of he ight'• and revi.e'\.:ed vari.ous p rot e cti.'\."C features ""'·hi..c h r::ust be bui..lt -in (smoke t:o¥o.·ers. st ~nCpi~es . s~oke and firE detection syste~s . elevator controls. etc.) for life safety and e~ress faci..liti.es . G . t .. : •. !ORG .'\X (Goddard S~ace F1i.s ht Cent e r. Greenbel.t. 1'-fd .) described how volunt ee r personnel c a n be trained and i nt egrated into a multi - un it fire ser,-lce o~ganizati.on to meet lar&e nanpo"er reaui.rcments. He cited the exan?1e of the Goddard C e nter which is protected by the F.ire Se rv.ic.e of r~=in c e Georges County, composed of paid day me n "tnd volunteers serving evenin.t;s,. ni e;hts. ho1iday s and on weekends ... ·'The volunteers pro,-ide equip::nent, manpower and enthusiasm,. and ""'e receive good fire protection from this arrangement,.'' he concluded ... CI..AUDE DORSEY, (K.C. Ne1...:s -Pub1ic Affairs Dir.) recommended. without coo perat~on, training, and und ers tanding. ~e could both be hurt. the firemen because ne1..:srnen g ot in their 1.vay and harnpered their '"'or!<. the ne;.··s pe o ole bec au se they cou1d not c;et the best possible film of a Crarr.atic story. The last thing your firemen need in a dange rous fire situation i.s to have to rescue a newsman." he said. "Before proble-ms .e rise, sit do, ... -n ,,,.i.th ne1..vs editors ••• if possible. with r epor ter s and c~~eramen ....... and go over the ground rules. Know and understand each other. •• 'W'm ... A. Harntlton,. Ftre Chief Del B. 1\'lcCa..rt:y,. Training Officer • • • •' r 32x • • • TO: FRO~: DATE: C harle s B . Carroll , Jr ., • 0 - Direc~or of l. c:ou ... .:c.L.. • -~··: ~ ""•'- CT'T"":': OF E GLEWOOD, C • L"tilicies Larry Thoopson, ~aste ~ater Superintendent ~rch 31 ,. 19-2 SUBJECT: ~acer Pollution Co n~rol Federation C onference , Wa s hington D.C., ~arch 14 , 1972 The confere nce ~a s caLled t o discuss the future of the Federation's MANFORCE (Manpower for Clean Environmen t ) as it relates to local,. state and national goals in water pollution control. MANFORCE is the Federation's program to provid e mor e t echnically qualified personnel for operatin g and =ain taining the Sa t ion 's ~astew ater treatment plants. Xt covers the gaout from recruioment, through certification and career progres - sion, to placement in varying capacities of the treatment function. Three main point s ~ere discussed. Should HAN FORCE be implem en t ed as (1) it is pr esent~y conceived, as a program of the Federation. (2) an independent nati o nal program . (3) revised to the extent that it could provide an attainable program of the Federa ti.o·n . Present at the meeting ~ere: Heinz Russelmann, Vice Chairman , Per sonnel Advanc~ment Committee National Sanitation Foundation (NSF). John Voe g tle, Manager of Educa tion and T raining , W.P.C .F . J. E. Meers, Superintendent Sani tary District of Bloom Township, Chicago Heishts , Illinois . John Bettis, Commissioner of Public Work s , Charleston, South Carolina Carmen Cuari no, Commissioner of Water Pollution Control, Philadelphia, Pa. Joseph Harlon, private industry R. A. Danham , Executive Sec retary W.P .C .F., Was hington, D.C. L. E. Thompson, Wastewater Superintendent , Englewood, Colorado Speaking to the issues were: Joseph La g n ese , President, W.P.C.F. Eugene Jensen, Deparbnent assistant administrator of Water Progr~s, EPA The day was spent in discussing the pros and cons of ~~FORCE, resu1ting in reinforc eme nt of the deci sion to keep the program as an arm of W .P.C.F. Specific attention was devoted to insuring that the stated aims of HANFORCE did not conflict with the W .P.C.F. constitution • Much tim e was spent on discussing ways and means to attract people into the industry and to keep them there . The conferee s authorized a study directed toward operators instead of engineers, because most developme ntal processes have been geared toward the latter group. • • • 1'32X - , • • • • 0 - Pa 5,e 2 ~~no to Charles B. Carroll, EPA officials indLcated the funding considerations for the ~riting of curricula and t:.he construction of a training cenc.er i.n eac.h st:.at:.e. The next meeting is set:. for June 5, 1972 in Chicago. • • • ~'32x • • • REGULAR MEETING ENGLEWOOD WATER AND SEWER BOARD MA.R.CH 21., 1.9 7 2 c ou c rr.-o9!' F' ' T h e meet~n g wa s cal.l.ed to order by Cha ~rman Harder at 5 :03 P.M. Membe r s present : Harder, Hock, Horton, Ro•val.l Babcock, Sent~. Members absent: Dhori.ty., Lay. Other o ff i ci.al.s present: Charl.es B. Carrol.!., Jr., Director of Uti.l.i.ties. 1. INTENT TO SERVE NEW CHERRYRI.IX;E WATER AND SANITATION DISTRICT,. ACROSS FROM ST. MARY'S SCHOOL, EAST OF SOUTH UNIVERSITY. Hr. Carro l.!. pre s ented a letter from the Cherryri.dge Water and Sanitation Di s trict request i ng Engl.e~od approve a connector's acreement for trea~nt of sewage by t he C i ty of Enslewood. The district comprise s the area that encompasses the NW~ o f s e c t i on 1.2,. Township 5 South, Range 68 West, Arapahoe County, Col.orado, serving approximately 100 s ingl.e fam~ly residents. Hr. Horton moved, Mr. Rosva11 seconded, That the Water and Sewer Board recommend to C~ty Counc~l. that, upon rece~pt of ev~dence of aareement between Cherrymoor South San~tat~on D~str~ct and Cherryr~dae San~tat~on D~str~ct for carr~age of sewage throuah the 1~ne of Cherrymoor South San- ~tat~on D~str~ct, the connector's aareement between the C~ty of En.al.ewood and Cberryri.d&e Sa.ni.t.a.t~on Di.stri.ct, be approved and executed. The moti.on passed unani.mousl.y. 2. UTILXTY ACCOUNTI-NG SYSTEM Mr. Carro11 presented a l.etter to the Board ~n response to a request for expl.anati.on of the Deparbnent's accounti.n& system. He i.ncl.uded a memo from the past D~rector of Fi.nance, Steven A. Lyon, stati.ng the ori.&i.n and i.ntent of the present accounti.ng system. No spec~al. funds are set up i.n the Ot~l.i.ti.es system except when fo~ed by a speci.al. bond i.asue, however the fund baLance shou1d never fa11 be1ow $200,000 to be ab1e to meet any emergency. Mr. Harder i.nqu~red as to why a percentage i.s charged for changeovers when, i.n h~s opi.ni.on, cbana;eovers are expenses and not i.mprovements. Hr. Carro11 exp1ai.ned the fu.nd bal.ance ~s decl.~ni.n& and these payments parti.a11y offset the cost of 1ayi.ng new li.nes. Hr . Harder then tab1ed the questi.on unti.l the next meeti.n& to allow the Board ti.me for further study. 3. BOAT1NG AND SAFETY REQUIREMENTS ON McLELLAN B.ESERVO'I..R. Hr . carro11 read a l.etter from Jerry Royther, A3si.stant Di.rector of the Parks and Recreati.on Department, outl.i.ni.ng the dates the reservoi.r woul.d be used for a Re- creat~on Deparbnent program of canoe safety and the condi.t~ons for i.ts use. Hr . R o ytber entered at 5:32 P.H. and was i.ntroduced to the Board. A£ter consi.derab1e di.scussi.on as to po11uti.on hazard, precedent setti.na and health regul.at~on.a , Hr. Lay moved • Hr. Babcock seconded, That the Board approve the Parks and Recreati.on Department use of HcLel.l.an Reservoi.r as outl.i.ned. Tbi.s use to be for 1972 onl.y and subject to revi.ew. The moti.on passed unani.mous1y. • • • I' 32X - • • • • -2- Hr. Royther than_ked the Board and stated that be woul.d l..nqui.re as to the Se.te Heal.th Department re&ulat~ons ~ such matters and wi.l.l. keep Mr. C.rrol.l. advi.aed as to hi.s Department•a proaresa. Mr. Royther l.eft th.e meett.na at 5:50 P.H .. 4. OTHER TOPICS. Mr. Carrol.l. reported that a Mr. Gol.dy had contacted Hr . Di.al. i.n regard to obt.ai.nl.ng emergency rel.i.ef i.n c.ounecti.D& to the Greenwood Vi.l.l.aae Sani.tati.on Oi.stri.ct se~r al.tho he was not i.ncl.uded i.n the Di.stri.ct. Mr. C.rrol.l. asked the Board•s pl.easure in al.l.owi.ng a physi.cal. connection. provi.di.n& a suppl.ement to i.ncl.ude hi.s property was presented to Councl.l. at the next meetl.na. Mr. Lay moved • Mr. Horton seconded. That perm~aai.on be aranted to provi.de Hr. Goldy emeraency servi.ce pendl..na a auppl.ement to i.ncl.ude hi.a property i.n the Greenwood Yi.l.l.aae Sani.t.at~on D~atr~ct. Mr. Carro11 th~n reported that the ~ appraLsal. of the 160 acres of 1and south of McLe11an reservo~r was $S62.000 -~thLn $20.000 of the orLa~nal. appraLsal.. A1ter consLderabl.e dLscuaa~on ••• Mr • Horton moved • Mr. R.osval.l. seconded. ~t the Board se11 the l.an.d at a n .et val.ue of not less tha_n the MA..I appra:lsed val.ue. Ayes: Senti.. Rosva11. Horton. Na.y s: Lay • Babcock • Harder AbstaLnL~&= Mock Mr . Lay then moved the mot:lon be tabl.ed for further d:lscussLon. The motLon passed uu.nLmously. Hr. Carrol.l. ~1.1 make a compar:lson summary of the acqu:ls:lt:lon pr:lces and se11Lng pr:lces of ground form.erl.y own.ed by the Ut:ll.:lti.es Department. Hr. Carro11 next reported that the proposed treated water storaae tank w~11 not be ava:llabl.e for use tbi.s season. Water experts fa•l. we are enteri.n& a dry cycle. so ~e Water Departm.e..n.t may expect a l.arae cleman.d thi.s su:mmer. Mr . Carrol.!. then showed the Board a chart of the expected completi.on dates of various phaaea of construction of the sewer pl.ant addi.t:lon. The chart showed the work to be beh:lnd schedul.e for some phaaea. however. the contractor baa aaaured hi.m that the whol.e project coul.d be compl.eted on t~me. Hr. Harder then requested the Board members m.ke a l.i.st of persons i.n.~erested i.n becomi.ng a Board member. to be presented to coun.ci.l. after the next board meeti.na. Mr. Lay moved • Hr. Horton seconded. That the meeti.ng be adjourned • The meeti.n& adjourned at 6:27 P.M • , • • - • • • REGULAR MEET ING OF THE BOARD OF CAREER SERVICE COMMISSIONERS CITY OF ENGLEWOOD~ COLORADO MARCH 16. 1972 7 :00 P -M· PRESENT: H. R. Braun~ E. L-A us£ah1 , B . Kimbrough. J. F. Murphy ALSO PRESENT: Capta~n Ed White THE FOLLOWING MOTIONS WERE PASSED FOR APPROVAL: 1. The minutes of the last regular meeting. 2 -The following ne~ hires: TITLE & DEPARTMENT GRADE & STEP KrNNEY. Joseph J. McDANIEL, C larence McELWAIN, W illiam L. RUSSELL, Ri.ta E. Custodian. Bldg. Maint. Effective 3 /10/72 Tra~fic Maintenanceman Effective 3 /1 /7 2 Street Maintenanceman Effective 3 /S /72 Clerk-Typist. Police Effective 3 /1 /72 3. The fo11owing terminations: HORTON. Lowe11 A. VANDERKAMP. Gregory WILSON, John Maintenanceman. Parks Effective 2 /11/72 Maintenanceman, Traffic Effective 3/20/72 Maintenanceman, Traffic Effective 3 /10/72 4. The £o11owing probationary to permanent status change without increase in pay: M.OR.R:t.S, Richard Communications Supervisor Effective 1 /1 /72 :L3A :L7A :L 7A :L2A :L7B :L7A :L7B 27B 5. The Board ~oved to concur ~ith the Director of Community Develop ment•s request to extend ~e following employee•s probat1onary per1od: YOUNG, Barbara Planning Assistant Community Development 6. The fo11owing anni versary increases effective 3 /1/72: DA.DDIS, Nick A. MCLENNAN, Donald J. • Patro~an 4th C1ass ~r Patro~an 3rd C1ass Patro1.man. 4th Class to Patro1.man 3rd Class • 2:LB 2l.A 2:LD 2l.A 210 13 to to \ ! "!' • • r 32 x • • • 6-(Continued) NAME TITLE & DEPARTMENT REYNOLDS, Char1es J. YANCEY. Edna E. Patro1.n\an 4th C1 ass to Patro1.n\an 3rd Class Parking Enforcement Maid 7. The £o11owing anniversary increases effective 4/1/72: B.A..LM.ER~ John E. KAPAUN, Pau1 F. MCCOLLUM~ Howard W. MEYERS, Char1es E. PINO~ Max M. VINCENT, J. D. Patrolman 2nd C1ass to Patro~man 1st C1ass Engineering Aide II Meter Reader Uti1iti.e.s P1a.nt Operator Uti1ities Patro~an 2nd C1ass Patrolman 1st C1ass Maintenan.ce.m.an Street B. The following anniversary increase effective 4/4/72: COX, L1oyd G. F ireman 2nd C1ass to Fi.reman 1st C1aas 9. The fo11ow~ng anniversary increase effective 4/B/7 2: RAHN, Warren I. Patro1man 3rd C1ass Patro1man 2nd C1ass GRADE & STEP 2l.A 21.0 l.2C 1.20 2l.F 22F l.9C 1.90 1.60 l.GE 20C 200 2l.F 22F l.7B l.7C 2l.F 22F 21.0 2l.F A letter from Mr. Dial concerning the eventual elimination of the position of Captain/Chief Mechanical Officer at the Fi.re Department was discussed . Capt. Ed White, present incumbent in that position, appeared in his o~n beha1f, main1y at this tLme to request c1arification as to who his '"boss" is at the present ti..me as he is ternpo:rari1y assigned - to the Service Center. He noted that this who1e situation came as a surprise to him and that around September or October of 1971 Chief Hami..1ton ca11ed him into his office and to1d him what was going on. Capt. White said that he had received five 1etters from the City Manager, concerning what he was going to do and that a11 of them were different. A1though he has been assigned to the Service Center to train men down there. he has on1y tra~ned one day . 1.4 • to to to to to to to to to to '· '!' • • '32x • • • • Capt. White stated that he has worked for the city for 17 years. feel..s he is a good worker, and real..l..y enjoys his work. Now be has two or three bosses and does not know which one to bel..ieve in. Capt. White expl..ai.ned that he reports to the Fire Department every morning and i..f there .i.s no m..i.nor work for hi.nl to do there, he then goes to the Serv ice Center . Chief Ham..i.1ton has to1d Capt. White that he ..i.e sti11 his boss whi1e Mr. Waggoner says that Capt. White i..s working for him now . Capt. White said that having to go to the Fire Department first in the morning makes him 1ate at the Service Center and that Mr. Waggoner had gotten on to him about this. Mr. Braun asked if Capt. White 'Was wanting to knCJ!I'W who his ••boss•• rea11y is and Capt. White answered yes. Capt. White a~so said that he had received one 1etter that said he woul..d be under the direct supervision o£ Leonard Si1er. When Mr. Murphy asked h~ i..£ th.is had ever been e..xpl..ai.ned to hi.m, be repl..ied no, that there -as to have been a ~eeting but it 'WaS cancel..1ed. A coupl..e of days after this he received the l..etter saying he woul..d be under the supervision of Mr. Sil..er. Mr. Murphy exp1ained that what the 1etter was trying to say ~as that Capt. White is tota11y and irrevocab1y responsib1e to the Garage Foreman but that he does not 1oae anything as to his rank of Captain in the Fire Department. Mr. Auafah1 questioned why Capt. White had to report to the Fire Department if he was to work in the Service Center. Mr. Braun then recommended that a 1etter be written to the City Kanager requesting that he write a 1etter to Capt. White c1ari- fying this situation, and that if the situation is not corrected, Capt. White shou1d notify Mr. Murphy and he wou1d in turn notify the Career Service Boa rd. Capt. White a1so had a 1etter from Mr. Dia1 in which it was stated that the position of Capt-/Chief Mechanica1 Officer wou1d be e1~nated and the present incumbent wou1d be reduced in rank. Capt. White stated that he cou1d not see why this shou1d happen as he is the senior Captain. A11 the Board Members expressed concern as to whether or not C apt. White wou1d sti.11 have a job at the Fire Department when his temporary assignment was comp1eted. Mr. Braun stated that as there were four other captains, a11 junior to Capt. White, it wou1d on1y seem 1ogica1 that one of the junior captains Shou1d be reduced in rank. Mr. Murphy said that the main question ~nvo1ved is whether or not Capt. White is qua1ified to be Shift Captain. Capt. White stated that the on1y examination he had was ora1 and that even though he was made Chief Mechanica1 Officer, Chief Sovern took h~ off his roechanica1 duties and put hLm Ln charge of ahifta . Discussion ensued. Mr. Ausfah1 £e1t that the Career Service Board shou1d put its foot in the door and take action concerning this matter. Rev. Kimbrough stated that he fe1t if Ed White ~as appointed as senior Captain, he was appointed :Ln a ..,general.."" sense . Mr. Braun then read an excerpt from Mr. Dia1"s 1etter of March 16, 1972, which went as fo11ow•, • • • T 32X • • • • •• One of the basic: questions that must be reso1ved is the extent to wh ich Captain White was appointed to his position as a Captain in a general sense or was appointed to his position as Mechanical Officer in a specialized sense.• Mr. Braun then asked if the Board couldn't look at this in the ••general .. sense. that Capt. White came up through the ra..nlcs and served as a s .hi..ft C aptain. Mr. Braun then requested that a letter be sent to the C ity Mannger stating the Board's position in this case. Rev. Kimbrough also stated that as there is going to be a hearing in this matter. tie Career Service Board ~ou~d 1Lke to be advised as to the date. He also stated that if the Career Board has the power to see that Capt. White is not reduced in rank. then he has nothing to ~orry about. Mr. Braun then thanked Capt. Whi...te for br.i.ogi...ng h.i.s prob1em to the Board. Capt. White expressed his gratitude and sa.i.d that it was a great re1.i.ef to him just knowing that he had someone behind him. The next topic of discussion was a 1etter from Mr. Di.a1 requesting the Board to concur with the restoring of the Detective position to Grade 24F, with over-tLme pay, effective 3 /16/72 . Mr. Braun asked M.r. Murphy if he knew for sure that the Detectives wanted this and Mr. Murphy said no. Mr. Braun then directed that a 1etter be written to Mr. Di...a1 stating that ~i...a sbou1d be reso1ved under the same condi...ti...ona as were estab1ished by the Sergeants i...n the January meeting, i .e. a 1etter from the Detectives requesting this action be taken. The meeting was adjourned and the next meeting is schedu1ed for Apr.i.1 20, 1972 . Recording S ecretary H ... R ... BRAUN • 16 • • T 32X • • Staol.ey H . Dial. • 0 - INT£R-OFFICE MEMORANDUM DATE: Maiafl:l.,..!·3"1. 1972 ~ • Crrt' O F c:r,<.a:.....-··c oo. Flt.OM: K e l.l.s W agg on e r SU~~~ PAVING DISTRICT NO. 20 • The h e aring on ass e ssments 1or Paving District No. 20 was bel.d on Monday . March 27. 1.972. at 8 :00PM .. The 1ol.l.owiog are comments rel.ative to the protests received at that bearing: 1. 2000-2300 W. Baker Mr. Bl.iss. 2060 W. Baker. commented on the d esign o1 Baker in that ice 1orms in the gutter . Attached are pictures showing the trees which shade the street at that l.ocation.. Drainage is good , as shown in the photos. Assessment is correct. 2 .. 400 W. Cornel.l. Letter :from Fern M. Cox in behal.:f' o:f' her parents (Ada E. and Al.va T . Summers . 3055 S. Lincol.n) protesting assessment b ecause it woul.d cause :financia1 hardship. Assessment is correct_ 3. 600 W. Corne11 4. Letter ~rom Benjamin P . Naiman~ 4428 South Bannock ~ protesting assessment because they are not reasonab1e or just . Assessment is correct. soo.fii. Corne11 (a) Letter 1rom John A. Criswe11 in beha11 o1 Caro1ine B . Weist 9 835 East Corne11 . protesting assessment b e cause the assessment is not based upon the bene1its accruing 1rom tbe improvements to the property invo1ved. Assessment is correct _ (b) Letter 1rom John C. Ho1oubek , 3046 S. C1arkson ~ protesting assessment because it w ou1d cause 1inancia1 hardship. Assessment is correct. 5. 900 East Corne11 (a) Letter 1rom Dona1d Weak1and protesting assessment because property bas no direct access to Corne11. Assessment is correct- • • • ~'32x - - - S tanley H. Oia1 March 31. 1972 page 2 - 0 ... Attached is a map showing subject property in r e lations h ip to other Weakland ownership an d location o1 property ~rom Corne 11. Attached a1so are maps showing 1ike sit uat ion s where assessments were levied in prior districts. A ssessme nt 1o11ows standard side street assessment proceedure. In revi e win g the Weakland protest we did 1ind an adjacent property w hich was assesse d too much. The error occurred in ca1cu1 ating the amoun t o1 square 1ootage £or rear zone assessment. Th~ property is owned by A. Harlan and Leona R. Bo11. (b) Lett e r £rom Stan1ey R . Medsker stating that property assess e d was so1d to City o£ Eng1ewood. Assessment is correct. The City is in the process o£ obtaining a Treasurer•s Deed to the property and shou1d pay the assessment be£ore the assessment ro11 is certi£ied to the County . Assessment amount is $156 .81. 6. 4700 S . Decatur (a} Letter £rom Windsor B . Wade , Jr .• 2903 W. Layton , protesting assessment £or 40 £eet o1 remova1 and rep1acement o£ curbwa1k. Assessment is correct. Attached is a picture s howing the sett1ement be1ore con- struction and the 30 1eet that the contractor put in with the same prob1em as the ori gi na1 ; and a picture sbow~ng the resu1ts o£ removing 40 1eet in order to pick up additiona1 grade. Th e contractor did not mis~udge the remova1 but was instructed to remove the additiona1 10 1eet 1or grade. (b) Mrs. F e r g u s on . 2740 W. Union , commented on Decatur and asked questions £or in1ormation. Assessment is correct. 7 . 000 West Lehigh Lett e r £rom S. R . Andrews representative o1 Contine nta1 Oi1 Company. protesting a portion o£ tota1 assessment as it re1ates to an abandoned underground tank. The ass essment 1or paving and concrete is correct. There was an assessment o1 $720.52 made against the property 1or ext ra work necessary to £i11 an underground tank. The tank was within the street right-o1-way and we do not know who put it there , when it was insta11ed or abandoned. whether an encroachment agreement was made, or whether the City had approved the method o1 abandonme nt . The tank had some o1d oi1 in the bottom and we assumed it had been us e d by the station as waste oi1 storage. An equitab1e so1ution might be to sp1it the assess- ment £or th e tank work. • • • - - • • • Stanley H . Di.a1 March 31. 1972 page 3 8 . 0 00 West Mans£~e 1d • 0 .. - Letter £rom Howard & Eve1yn Ph111ips prot est~og assessment because work was not needed. Assessment is correct~ 7 9. A11ey betwee n South Acoma St _ and South Broadway --Sc500 bl..ock south -West Radcl..i£1 Ave. to West Stan£ord Ave. Letter £rom John W . Geiger ~ Jr.~ Counsel.. £or Agnes Mary Kinney . protesting assessment £or a11ey since property does not receive £air bene£its £rom the improvements. Assessment is correct. The changes out1ined on the attached recommendation 1ist wi11 c hange the Section A & B Total..s as £o11ows: Present tot a 1s Bo11 property y ~ 7 Third Stoke1y Corp. property proposed total..s Total.. Section A & B Sincere1y ~ /, / <~c.. ..._ .. ._/ --,---=,--- Ke11s Waggoner Director o~ Pub1ic Works KW:pd att . S ection A $384,727 .68 28 .57 360 .26 $384 ,338.85 Sectio n B $1.08,421..27 + 28.57 360.26 $1.08,81.0.1.0 $493 , 1.48. 95 • \ ! 'r II • • r 32x • • • • 0 - RECOllliENDATI ONS Owner 1 ~ W. J. Dr iver Adm. o1 V e t. A11airs Washington . D . C . 20411 (2060 W. Bake r Ave.) 2. Ada E. & Al..va T . Summers 5951 S. Nevada Littl..etoo , Col..orado 80120 3. Wil..l..iam J. &. Dorothy M. Brunn e r & B e n~amin P . Naiman 4428 S. Bannock Engl..ewood . Col..o. 80110 4a. Carol..ine B . Weist 835 E. Corn e11.. Engl..ewood . Col..o . 80110 4b . John C . & L e na Bo1oubek 3046 S . Cl..arks on Eng1ewood . Col..o . 80110 Sa. A . Harl..an & L e ona R. Bol..l.. 8500 W . Bowl..es Ave. Litt1eton . Col..o. 80123 (3059 S. O gden St.) Sb. Stanl..ey R . Medsker 6a . Windsor B . Jr . &. Mae Lenor e Wade 2903 W. Layton Ave . Engl..ew ood ~ Col..o . 801..10 6b. Maye M. F e r g u s on 2740 W. Union Engl..ewood. Col..o. 80110 Lot Bl..ock Subdivision Action 13 3 Soutbl..awn Denied Garde ns Anne x 23-3 S .G . Haml..ins Denied 24 Addition 1-2 2 Tay1ors Add. Den:l.od 3 2 Tay1ors Add. Denied Beg . 16' E o:l:. SE cor o:l:. Den ied Lot 25 , Dobbins Resub ; th E 166'; th N 202.9'; th w 166'; th s 202 .9' to beg. 35-4-68 A tr. in SW* o:l:. SW l o:l:. NWt Denied o~ Sec . 35-4-68 Desc. as comm . at a pt. on E 1ioe o1 C1arkson St . 32o.s• N o1 E ~ W ceo. 1ine o1 sd. Sec . 35; tb E 143•; tb N 75•; tb W 143•; th S 75' to pob being that part o1 b1k. 5 Evanston Bdwy Add. now vac. N so• o1 s 1oo• o1 N 375• o1 E 163• o1 B1k. 6 Evans- too Bdwy Add y now vacated in swt o:t:. NW l ex. E 30' 35-4-68 separate memo on this one 28 Ceotennia1 Acres 4tb F1g . 1rom $100 to $71.43 Denied Denied Be~. 190• W o1 NE cor o1 NW~ o:l:. SEt Sec. 8-5-68 ; tb. s 500.45•; th w 286.4•; tb N 7°32' E 5os .7•; thE 220• to beg. ex. sts. 8-5-68 • • • ,32X • • • Recommendations page 2 March 31, 1972 Owner 7. Third Stoke1y Corp. c /o Contin e ota1 Oi1 Co . Tax Dept . 1755 G1enarm P1. Denver. Co1orado 80202 8. Howard & Eve1yn Phi11ips 1031 Pa1mer Rd. R<>ck1edg e. F1a. 32955 (3900 S _ Acoma St _) 9. Agnes &lary Kinney 706 S. Washington Denver. Co1orado 80209 (4455 S. Broadway) • • - Lot B1ock 25-8 28 1-2 1 N 5• 16 37 & 38-42 Subdivision Action Ham. & Ki11ies :trom Bdwy. Hts. $3019.22 to $2658 .96 Jacksons Denied Bdwy. Hts. Wo11enwebers Denied Bdwy Hts. 2nd Add. • • • T 32X [ • • • IXTRODt:CED AS A BILL BY COL"X CI~ _,wo==MAN:::._...;HE==NN:.::I:.::N:::G:::..._ __________ _ A BILL FOR fu~ ORDI~~~C E VACATI~G THE EASEMENT IN THE NORTH 16 FEET OF LOT 11. OXFORD HEIGHTS. SECOND FILING. ARAPAHOE COUNTY. COLORADO. WHEREAS, ~h ere present1y ex~sts an easement in the north 16 feet of Lo t 11 , Oxford Heights, Second Filing, lying 1n the~~ 1/4 SE 1/4 of Sect1on 4. TSS. R68W. of the 6th P.M .• Arapahoe County, Colorado; and WHEREAS, neither public necessity nor convenience requires continued maintenance of this easement; and WHEREAS, the Planning and Zoning Co~ission of the City of Englewood has heretofore recommended that the e asement be vacated . subject to the dedication of the north 30 feet of the 8 foot utility easement on the west line of the property described above; and WHEREAS, said dedication has been made by deed under date of March 27, 1972. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. as fo11ows: Section 1. That the follo~ng described ease~ent 1ocated within the City of Eng1ewood. Arapahoe County. Co1orado. be and the same is hereby vacated. to-wit : The north 16 feet of Lot 11. Oxford Heights. Second F111ng. 1y1ng 1n the NE 1/4 SE 1/4 of Section 4. T5s. R68w. of the 6th P.M .• Arapahoe County. Co1orado. on. the Introduced. read in fu11 and passed on first reading 3rd day of Apri.1 197 2. of Pub1ished as a Bi11 for an Ordinance on t:he A p ri.1 1972. 6th day Mayor At::t::est : ex off1c1o C1ty C1erk I • W.i.11i.a.m L . McDivi.tt • do hereby cert::.i..fy that: the above and foregoing is a true. accurate and comp1et::e copy of a B111 for an Ord1nanceri'>'h88efte ---=3:.:r:.;d::_ day of _:.;A:.op:.:r:;.;i=1 ____ _ 1972. ex off1c1o C1ty C1erk II • • I' 32X • • • • I~TRODUCED AS A BILL BY CO U~CI~WO=MAN==....:HEN=:.:;an==:.....------------ A BILL FOR AN ORDINA.t'JCE VACATING THE EASEME!>IT IN THE NORTH 16 FEET OF LOT 11. OXFORD HEIGHTS. SECOND FILING. ARAPAHOE COUXTY. COLORADO . WHEREAS, there present1y ex~sts an easement Ln the north 16 feet of Lot 11, Oxford Heights, Second Fi1ing, 1ying in the NE 1/4 SE 1/4 of Section 4, T5S, R68W, of the 6th P.M., Arapahoe County , Co1orado; and WHEREAS, neither pub1ic necessity nor convenience requires continued maintenance of this easement; and WHEREAS, the P1anning and Zoning Commission of the City of Eng1ewood has heretofore recommended that the easement be vacated, subject to the dedication of the north 30 feet of the 8 foot uti1ity easement on the west 1ine of the property described above; and WHEREAS, said dedication has been made by deed under date of March 27. 1972. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. as fo11o~s: Section 1. That the fo11o~ng described easement 1ocated ~thin the City of Eng1ewood. Arapahoe Co~nty. Co1orado. be and the same is hereby vacated. to-~t : The north 16 feet of Lot 11. Oxford Heights. Second F~1~ng. 1y~ng ~n the NE 1/4 SE 1/4 of Section 4. TSS. R68W. of the 6th P.M .• Arapahoe County. Co1orado. Introduced. read in fu11 and passed on first reading on the of Attest: 3:rd day of Apr.i.1 1972. Pub1ished as a B~11 for an OrdLnance on the 1972. Mayor ex off~c~o C~ty C1erk 6 <oh day I. Wi11.i.am L. McDivitt that the above and foregoing is a t~e. copy of a Bi11 for an Ordinancev-Pgii8 the 1972. • do hereby certify accurate and comp1ete 3rd day of _..;.A.:.po;r=..=i-;::1 ____ _ ex off~c~o C~t y Clerk • • • I' - - - - I:STROD t.:CED AS A BILL BY CO~CIL~ WO!!S!.!':J!IAN!!!!_..!!HENN!E!!!l!.rNG£!!5£... __________ _ A BILL FOR AN ORDINA.."'C E V A CATI~G THE EASEMENT IN THE N O RTH ~6 FEET OF L O T ~2 . O XFORD HEIGHTS. SE C O ~ FILING . ARAPAHOE CO UNTY. COL ORADO . WHEREAS ~ there present1y exists an easement in the north 16 feet of L ot 12 , Oxford Heights, Second Fi1ing , ~yLng L n the NE ~/4 SE ~/4 of SectLon 4. TSS. R68W. of the 6th P.M., A r apahoe C ounty , Co1orado ; and WHEREAS, no pub1ic purpose ~11 be served by the retention of the ease~ent ; and WHEREAS ,.. the P1anni..ng and Zoning Cou:o:n..:i..ssi.on of the City of Eng1ewood has heretofore recommended that the easement be vacated. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. as fo~~ows: Section 1. That the fo11o~ng described easement 1ocated ~thin the City of Eng1ewood, Arapahoe County, Co1orado, be and the same is hereby vacated, to-wit: The north 16 feet of Lot 12, Oxford Heights, Second Fi~Lng. ~ying Ln the NE ~/4 SE ~/4 of Section 4, T5S, R6SW, of the 6th P.M., Arapahoe County, Co1orado. on. the \ntroduced, read in fu11 and passed on f~rst read~ng ___ r_d __ day of Apri.l. 1972. of F-pr i.~~:l.shed a~9 ;-2 Bi~~ --------------· . for an Ord~nance on the 6th day Mayor Attest: ex officio City C~erk Wi..11:L=u:.& L . :1c:Oi.v i..tt I, • do hereby cert~fy that the above and foregoLng ~s a true, accurate and camp1ete copy of a Bi~~ for an Ordinance. ~y£roduced. re~dr~ fu~~ and passed on first reading on the day of P ~972. ex off:l.cio City C~erk • • • I' 32X • • • INTRODU C E D AS A BILL BY COUNCIU~ wo!iS2.0.'>Niill.ILHENNH!lWI.l+NG!;J!!!L __________ _ A BILL FOR AN ORDINAl.~C E VACATING THE EASEMENT IN THE N ORTH 16 FEET O F LOT 12. OXFORD HEIGHTS. S EC OND FILING. ARAPAHOE COUNTY. COL ORADO. WHEREAS~ there present1y exists an easement in the north 16 feet of L ot 12, Oxford Heigh ts, Second Fi1~ng, 1y~ng ~n the NE 1/4 SE 1/4 of Sect~on 4. TSS. R68W. of the 6th P.M., Arapahoe County, Co1orado; and WHEREAS, no pub1ic purpose ~11 be served by the retention of the easement; and WHEREAS, the P1anning and Zoning Commission of the City of E ng1e~ood has heretofore recommended that the easement be vacated. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. as fo11ows: Sect ion 1. That the fo11o~ing described easement: 1ocated w1t:hin the City of Eng1ewood, Arapahoe County, Co1orado, be and the same is hereby vacated, to-w1t : on the of Attest: The north 16 feet of Lot: 12, Oxford Heights, Second F~1~ng. 1y~ng ~n the NE 1/4 SE 1/4 of Section 4, TSS, R68W, of the 6th P.M., Arapahoe County, Co1orado. ~n5roduced, read i£ fu11 and passed on first reading ___ r __ day of :A p r 1 1972. for an Ordinance on the day Mayor ex off~c~o C~ty C1erk W 1..1l.. •!a L -Hc::Di..vi..tt I. • do hereby certify that the above and forego~ng is a true. accurate and comp1ete copy of a Bi11 for an Ordinance. ~5roduced. re~~x ~ fu11 and passed on first reading on the day of 1972 . ex off~c~o C~ty C1erk • • • r • • • I~""TROD C CED AS A BILL BY C "l.c.:CIUIA..."i: LAY BY AUTHO~TY :>RDI~~-cE ~o. IL , SERIES OF 1972 A..~ ORDINA.-.:CE A:·:ENDL"G TITLE XV '69 E.M.C., BY ADDI ."G DEFINI7IO::s, I.-CREASI="G THE APPOINTED ME'"!BERSHIP TO THE WATER A..''D SEWER BOARD, ESTABLISH il<:G DATES FOR THE DELI NQUE;..;cy OF WATER BILLS, '"lAKING PROVISI0:.-1 FOR :-!OTICE OF SHUT-OFF AFTER DELINQUENCY; ABOLISHING "VACANCY INSPECTIOX" CHARGES; I~CREASING CHARGES FOR WATER TURN-OFF OR TUR.~-ON SERVICES; Al.:THORIZING CUT-OFF FROM MAIN TO BE PERFO~IED EITHER BY A STATE LICENSED A..~D BONDED PLUMBER OR CITY HATER DIVISIO~ PERSO~-:-."'EL; REQUIRING SERVICE PIPE TO CO NFOR.'1 TO THE u:<!IFORM BUILDING CODE SPECIFICATIONS AND STANDARDS; DISCONTil\.O:.ri.NG THE SALES OF CERTAI N MATERIALS BY THE WATER DIVISI0:.-1; REQUIRING ALL CONNECTIONS WITH THE CITY WATER SYS= TO BE MADE BY STATE LICENSED AND BONDED PLUMBERS A..~D REPEALING ALL ORDIN&~CES OR PARTS OF ORDINANCES IN CO NFLICT HEREWITH. BE IT ORDAI NED BY THE CITY COUNCIL OF THE CITY OF ENGLEt-K>OD,. COLORADO,. as fo11ow-s: Sect~on I. That Sect~on IS-1 -I of the C~ty Code en.t:i..t1ed ''Def::Lni.tions'' is hereby amended to read as fo11ows: 1..5-I-1: DEFINITIONS As used ~n th~s tit1e,. the fo11o~ng words and phrases sha11 have the £o11owing meanings: (a) C~ty : The C~t y of Engiewood, Coiorado, actLng by and through ~ts C~ty Coun.c~1 under the Home lb.11e c ·ha.rter Statutes and Ord~ances of said C~ty of Engiewood. (b) C~ty Manager: Chief administrat~ve off~cer of the C~ty of Eng1ewood. (c) ~rector of Ut~I~t~es: The du1y des~gnated C~ty Off~c~a1 through whom the C~ty Connc~1 and the C~t y Manager may exercise their powers. (d) Water D~~s~on: The sect~on of the Ut~1~t~es Department under and through which the municipa1 ~ater w-orks syste~ is operated under the direct1on of the C~ty Counc~1. C~ty Manager and D~rector of Ut~1~t~es • -1- • • I' 32X • • • • (e) Water Syst:e=:t: A11 p1ant: faci.1it:ies and dis- tribution m ains owned and operated by the City of Eng1eW"ood. (f) Bonded P1umber: A person 1icensed as a Master P1umber under the 1aws of the State o f Co1orado and under bond to the City as provided herein. (g) License: Sha11 mean the pe~i ss ion to use ~ater fo r the purpose specified in the authorit y to use. (h) Licensee: Any person. corporation. governmenta1 aut hor~ty or agency authorized to use water under a 1icen se. (~) Service P~pe : Al1 p~ping 1awfu11y ~nsta11ed betwee n the water main (or an extension thereof ) and the 1ice~see•s property 1ines. (j) Premises: A tract of 1and with bui1dings thereon. S ect~on 2. That Sect~on 15 -2-1 of the C~ty Code entit1ed "Board Es tab1i.shed" is hereby amended to read as fo11ows : 15-2-1 : BOARD ESTABLISHED There is hereby estab1ished a Water and Sewer Board consisting of the M.ayor of the City, tw"o Coun ~i1men se 1ec ted by the City Coun.c-1.1, and six members appointed by the Counci1 from qua1ified taxpaying e1ectors, serving s~x over-1app~ng terms of six years. A representative from the City admin~strat~on sha11 be appo~nted by the C~ty Manager to serve as an ex-officio, non-voting me~ber. One member of the Board sha11 be appo~nted by the Cou.:n.ci1 to serve unti1 February 1, 1960; two members of the Board sha11 be appointed by the Counc~1 to serve unt~1 February 1, 1964. Thereafter, members of the said Board sha11 be appointed by the Counci1 for te~s of six years. Counci1 members of said Board sha11 serve durLng their tenure as such Counc iLmen. A11 members of the Water and Sewer Board sba11 be subject to remova1 by the Cou.nci1. "nte Counci1 sha.11 make appointments to fi11 vacancies for the unexpired terms. (Charter, §61; 1962 Code, §8.1) -2- • • • r 32x • • • • Sectio-:-t 3. enti..t:1ed ·•oel.i.nque':l.t: as fo11ows: ~at Sect~on 15 -3 -17 of the C~ty Code Water Bi.11s" is hereby amended to read 15-3-17: DELINQUENT WATER BILLS Water bi11s on metered rates and schedul.ed f1at: rates b ecome de1inquent: thirty days after the date of the bi11ing~ Schedu1ed fl.at rates become del.in- quent thirt y days after the beginning of the quarter for ~hich they are rendered . Water is subject to turn-off without notice whenever a bi11 therefor has become de1inquent:; provided that the Water D~vision sha11 give a five day written notice before actua11y turning off water for non-payment. Such notice sha11 be ~fected by regul.ar mail. to the owner or occupant of the premises for which the charge is due. The obl.ig ation to pay prompt1y for water service is not: in any way affected by fai1ure of the owner or occupant of the premises served to rece~ve a bi11 for the service. (1962 Code. ~8.6-6) Section 4. ent:1.t1ed ••Refund of as fo11ows: That Sect~on 15-3-18 of the C~ty Code Charges" is hereby am.ended to read 15-3-18: REFUND OF CHARGES Refu:nds of scheduled charges 'Wi..1:L. be Ul8.de for any portion of a property which sha11 have been vacant. provided such vacancy sha11 have been reported to the Water Division in ~ting and the vacancy inspection sha11 have been made. Refunds aha11 date from receipt of notice. Refunds sha11 a.1so be a11o"Wed in cases where servi.ces are turned off by the Water Division and proper charge for such turn-off sha11 have been paid. No credit or refund •ha11 be given for excessive consumption or use of water due to broken service 1ines or 1eaking fixtures beyond the meter when a. tDeter i.s required ... (a) In the event of excessive consumption caused by underground service 1ines broken beyond the meter. up to 5~ credit for 1oss of water over norma1 consumption Ls recorded for simi1ar prior periods ~11 be given :1.£ a p1umber is under a contract to m.a.ke repairs within 72 hours after d~scovery of such break. (1962 Code. §8.6-7) -3- • • • T 32xl • • • • Se c tion 5 . Tha t Sec t ion 15 -3 -22 o f t he Ci t y Code entit l e d ''Char :;;:::e s fo r Tu rn.:i.n g Off a n d On Wat e r'' is he r eby amended t o r e ad as f o llows : 15-3-22: C HARGE S F OR TU R.~I N G OFF A..~D 0 :-< WATER In case a license sha11 be revoked for cause, and for t h at reason t h e water sha11 have been turne d of£, a charg e of $5.00 sha11 be made. If water t~rned off at the curb box by the Water Division is un1awfu11y turned on, or caused to be turned on, by the user, or if the waterway controlling the service is not readily accessible, the service may be cut off at the main by the Water Division, and before the ~ater ~11 be turned on again the user desiring same on said premises sha11 pay the cost and expense of turning off and on including digging in the street and permit fo r cutting pavement. When a request is made by the 1icensee to have the water turned off, a charge of $5.00 sha11 be made for each such turn-off. (1962 Code, §8.6-11) Sect~on 6. That Sect~on 15-3-32 of the C~ty Code enti.t1ed ''Tappi...ng of Mains" is hereby am.ended to read as fo11o-s: LS-3-32: TAPPING AND CUTTING OFF MAINS (a) The tapping of any ma:i.n for the purpose of making a connection sha11 be done on1y by the Water Division and at t he expense of the app1ican.t. The corporation va1ve inserted in the main and the service pipe to be 1a~d ~ust be of the size specified :i.n the permit. (1963 Code, §4-2) (b) The cutt~ng off fro= =aLns =ay be performed by either a 1icensed and bonded p1umber or by Water Di~sion personne1. In the event Wat~r Div1sion personne1 perform the cut off and the tap is to be abandoned a charge of $25.00 wi11 be due from the app1~cant. Sect~on 7. That Sect~on 15-3-33 of the C~ty Code entit1ed ''Specifications for Service Pipe'' is hereby aDllended to read as fo11ows: LS-3-33: SPECIFICATIONS FOR SERVICE PIPE Each service p~pe must be of the fo11owing spec~f~­ c:at:l.ons: (a) Copper pipe. A11 service pipe fro~ the main to the property 1ine sha11 be not 1ess than Type ''K'' soft copper tubing confoX"''Iling to standard specifications • -4- • • • "!' r 32x - • • • • (b) C as t iron p1pe. C as e i r on pipe sha11 be C1as s 15 0 c en trifuga11y cas t. (c) Ga1vanized pipe. Galvanize d p ipe i nsta11ations are permissible from t he p ro pe rty 1ine into and through p r e mis e s . (d) The use of b1ack pipe in insta11at i ons is prohibited. (e) Service pipes sha11 extend into the premises or riser as specified~ and in no case sha11 be stna11er than 3/4'' diameter. A11 si11c.ocks, faucets or h y drants used for irrig ation pur- poses sha11 be fed through a 3/4" pipe or 1arger. (1962 Code, §8.4-4) (f) Other materials may be used on1y upon the expressed approval. of the City Eng~eer or Director of Utilities. Section 8. That Section 15-3--34 'of the City Code enti..t1ed "Materi.a1s to be Purchased From Ci..ty" is hereby amended to read as £o11ows: 15-3-34: MATERIALS TO BE PURCHASED FROM CITY In the case of permar1ent connections to the m~ns of the City water system, the app1icant sha11 purchase from the Water Di~sion the fo11ow1ng :m.ateri.a1s: (a) The corporation stop by which connection is made to the main. (b) Water meter when required. Section 9. That Section 15-3-52 of the City Code ent:l.t1ed "Work t:o be Done by Bonded P1uxnber11 is hereby amended to read as fo11ows: 15 -3-52: WORK TO BE DONE BY STATE LICENSED AND BONDED PLUMBER A11 work in connection with water pipes or f~tures connected to or to be connected to the ~ater system sha11 be done by a state 1icensed p1umber under bond to the City. (1962 Code, §8.4-3) Section 10. That a11 Ordinances and parts of Ordinances in conf1ict here~th are hereby express1y repea1ed. -5- • II • • • • • • In t roduced~ read i n full and p assed o n £ina1 reading o n t he 20 th day of ~1arch,. 1972. Pub1ish ed as a Bi11 for an Ord~n ance o n t he 2 3rd day of March . 1 972. Read b y tit 1 e and passed on £ina1 read~ng on the d a y of 1 9 72. Pub1 ~shed b y tit1e as Ordinanc e N o. Seri e s o f 1972 o n the d a y o f 1 9 72. Attest : ex officio City C1e rk I • -;---,~---,------.,,...--.,--:---:----• do hereby certify that the above and fore g oing i s a true~ accurate and comp1ete copy of an Ordinance. passed on £ina1 reading and pub1 ished by t:f..t1e as Ordinance N o. -----" Seri..es of 1972. ex off~c ~o C ~t y C 1 erk -6- • \ .,. • • T 32xl • • • • IXTRODUCED AS A BILL BY CO UN Ciu~~ A BILL FOR AN ORDI::<IA.-.;CE REPEALI);G SECTION 3, CHAPTER 2, TITLE V, OF THE '69 E.M.C., ENTITLED "PAY PLAN" BY RELIEVING THE BOARD OF CAREER SERVICE CON~!ISSIO~"ERS FROM THE REQUIREMENT OF AN ANNUAL RECOMMENDATIO::<I OF A PAY PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as fo11o-s: Section 1~ That Section 5-2-3 of the Officia1 City Code is hereby repea1ed. 5-2-3: PAY PLAN Repea1ed Section 2. That a11 Ordinances or parts of Ordinances in conf1ict here~th are express1y repea1ed. on the day of Attest: Introduced, read in fu11 and passed on first reading day of 1972. Pub1ished as a Bi11 for an Ordinance on the 1972. MAYOR ex off~c~o C~ty C1erk I. • do hereby certify that the above and foregoing is a true, accurate and comp1ete copy of a Bi11 for an Ordinance, introduced, read in fu11 and passed on first reading on the day of 1972 . ex off~c~o C~ty C1erk • ', I ~ • • T 32X - - - - j:'L L: E I~TRODUCED AS A BILL BY COU~CI~~~ ! eouNc'L,. A BILL FOR ~ DE EN G ~~V...:o "G FILE oo. C:QLCJ_ &~ORDINANCE REPEALING AND REENACTING SECTION 7. CHAPTER 7, TITLE XI. '6 9 E.l'-LC . • ENTITLED OFFENSES RELATING TO MORALS BY DEFINING &~ PROHIBITING THE PROMOTIO~ OF OBSC ENITY. P ROMO TING THE S AME TO MI N O RS AN D PRO HIBITING THE P UBLI C D I SPLAY O F O B SCENE MATE RIAL . WI TH I N THE C ITY OF ENGLEWOOD, COL ORADO . WHEREAS, the m embers of the City Cou nci1 have heretofore r e ceived numerous petitions and 1etters of prote s t re1at:ive t:o the exhibition of obscene and pornographic fi1..m.s in the City of E n g 1e~ood; and WHEREAS, the Cit y Counci1 has heretofore received reports from the City Attorney and from the Co1orado Municipa1 League, a....s we11 as t:he Nat:iona1 Institute of Mu.ni..cipa1 Offices, and others re1at:ive to the possi..bi1i..t:y of effective municipa1 1egis1at:i..ve cont:ro1 of exhibition of obscenity ; and WHEREAS, the City Counci1 recognizes the dangers of censorship and the Lmport:ance of freedom of speech as guaranteed by the Constitutions of the U nited States and the State of Co1orado. and acknow1edg es that freedo~ of speech Ls abso1ute1y necessary in a progressive and free society; and WHEREAS. the City Counci1 desires to preserve to the mov~e industry and to a11 others the freedom fro~ censor- ship and freedom of speech. and at the same time perform its duty in the protection of the citizens of the community from prurient and shamefu1 interests in nudity. sex and sexua1 conduct. NOW, THEREFORE • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as fol.1o""i: Section 1. That Section 11-7-7 of the •69 E.M .C . is hereby repea1ed and reenacted as fo11o~s: 11-7-7: DEFINITION A. As used in this section. un1ess the context otherwise requires: ( 1) •'obscene'' IDea.ns any materia1 or performance which if considered as a who1e the predomdnant appea1 is to prurient. shamefu1 or morbid interests in nudity. sex. sexua1 conduct, sexua1 excite~ent. excretion. sadism. masochism or sadomasochistic abuse. and such materia1 or performance goes sub- stantia11y beyond customary 1imits of candor in describing any of such matters. and is utter1y ~thout redeeming socia1 va1ue. -1- • 0 - r 32 • • - • (2) "Predominant a.poea1" sha11 be judged with reference to the average adu1t:, un1ess it appears from the character of the material or performance, or the character of its dissemination or presentations to be designed for minors or any other espec~a~~Y sus c eptib~e audienc e. (3) ''Mat eria 1'' means anything ~i.ch i s cap a b1e o f b eing used o r adapted to aro use in t e r e st, whe t her t h rough the medium of reading , o bserva tio n , s o u n d o r any other m anne r. (4) ''Perfo rmanc e'' means any p 1ay , m ot i on p i cture , dance o r o the r exhibitio n. (5 ) .. Pro m ote" tne a.ns t:o p rod uce ,. direct ,. perform i n,. manuf a cture , i s s u e ,. se11 ,. g ive , provide , 1 e n d, mai 1 ,. d e1 i.ve r,. transfe r ,. pub1ish, distribute,. c i rcu1at:e , dis seminate, p r es e nt, exhibit,. or advert i s e f or pecuniary g ain, or to offer or a g ree to do any o f t he se thing s f or pecuniary g ain. (6) ''Nudity'' means the showing of the hutna.n ma1e or fema1 e g enita1s, pubic area, or buttocks with 1ess than a fu11 opaque covering thereof, or the showing of the fema1e breast ~th 1ess than a fu11y opaque covering of any portion thereof be1ow the top of the nipp1e, or the depiction of covered ma1e geni.ta1s in a di.scernib1y turgid state. (7) ··~·· means any person wh.o has not reached h~s eighte enth birthday . (8) "Sexua1 conduct" tneans acts of m.a.sturbati.on, homosexuality, sexual intercourse, or physica1 contact ~th a person's c1othed or unc1othed geni.ta1s, pubic area, buttocks or i.£ such person be a fem.a1e, breast. (9) ''Sexu.a1 exci.te~nt'' means the condition of the human ma1e or fema1e genita1s , when in the state of sexua1 sti.~u1ation or arousa1. (1Q)••sadom.asochistic abuse'' tne:ans f1a.g g e1at::i.on or torture by or u p o n a p e r s on c ~othe d i n unde rg arme n t s ~ a mas k ,. o r b i zzare costume,. o r the cond i t i on o f b ein g f e ttere d,. bou nd or oth e rw~s e p hy sica.11y r e str ained on the part of a person so c1othed . ( 11) ''Know-i.ng1y'' means having genera1 kn.ow1edge of,. or reason to know, or a be1ief or ground for be1i.ef ~hi.ch warrants further inspection or inquiry of the character and content of any ~ateria1 or performance which is reasonab1y suscepti.b1e of ex&ni.na.tion by a person . -2- • • 2X - • • • • ( 12) ''Person'' means any i.ndi.vidua.1 corporation,. association, partnership, trustee, 1easee, agent, or assignee. (13) '"Ha.rtnfu.1 to Minors'' means obscenity which: (a) Predominate1y appeals to the prurient Lnterest of ~nors; and (b) Goes substantia11y beyond customary 1imits of candor recognized in the adu1t community ~th respect to what is suitab1e for minors; and (c) Is utter1y ~thout redee~ing socia1 va1ue for m.i_nors. B. PROMOTING OBSCENE MATERIAL -PROHIBITED It is un1aw£u1 for any person knowingly to: (1) Promote or possess ~th intent to pro~ote, any obscene materia1; or (2) Produce, present or direct any obscene pe rforma.:nce; or (3) Partic ipate in a portion of any such performance ~hich is obscene or contributes to its obscenity. C. PROMOTING OBSCENE MATERIAL TO A MINOR -PROHIBITED It sha11 be un1aw£u1 for any person ~f he sha11 kno~1y: (1) Promote to a minor any mater~a1 which taken as a. who1e is ha.rDI..fu1 to m..i.nors; o :r (2) Prc::nootes to a. mi._nor a perfortna.nce wh~ch taken as a who1e ~s barm£u1 to m..i.nors or admits a minor to pre~~ses where such a performance is exh~bited or takes p1ace; or (3) Permits a. minor to participate ~n the perform.ance wh~ch taken as a. who1e is harm£u1 to m~nors • -3- • • • T 32X - • • • o n t he day o f Attest : • D. OBSCE:>.C: ~1ATERIAL -Pt:BLIC DISPLAY -PROHIBITED It sha11 be un1a~fu1 to disp1ay or cause to be disp1ayed ~thin the City so that the same can be seen from any pub1ic ma11s, wa1ks, streets or a11ey- ~ays or from any other pub1ic p1ac es or from ~thin a pub1ic par~ any materia1, pictoria1 representation, photograph, L11ustration, or advertisement depicting obscenity, nudity, or sexua1 c onduct , or any des- cription or advertisement of or offer to se11 such pictoria1 materia1 where such des c rip t ion or advertisement inc1udes such mat eria1s or detai1ed verba1 description thereof. Introduc ed, read in fu11 and passed o n first reading day o f 1 97 2. Pub1ished as a Bi11 for an Ordinance o n the 197 2. Mayor ex o ff ic i o Ci t y C 1 erk I, , do hereby certify that the above and fore g oing ~s a true. accurate and comp1ete copy of a B i 1 1 fo r a..n Ord~nance. introduced. read ~n £-u11 and passed on first reading on the day of 1972. e x o ffici o C ity C1erk -4- • • • I' 32X • • • • The research of author~ties for the devel o p me nt of the proposed ne"W Section 1 1 -7 -7 et:: seq. of the City Code was gathered from numerous sources~ but primarily from decided Federal cases since 195 9. and a1so the State Le g is1ative E nac oment dealing ~th pornography. being Section 40 -2 8 -1 et seq., C .R.S. '63, as amended. The 1969 Act was used 1ibera11y in the preparation of the proposed amendment:. As you may kno"W, the 196 9 Ac t dealing wi t h pornography was ru1ed ~nconst::it::utiona1 by Judge Naugle in December of 1 970. Reference to that ~at::eria1, and specifically t hose items that t he Judge fe1t were un c o~sti t::ut ion a1, have been removed. Reference has also been made and mater~a 1 has been taken from the Sections on Crimes and Punishment under t he ne~ State Cr~mina 1 Code . proposed Sect ion 40 -7-101 re1ating to pornography. wh~ch act ~i1 1 be in effect on Ju1y 1. 1972. References were made to the draft study of the new Federa1 Crimina1 Code. Tit1e 18 of the United States Code, presented in a fina1 report to the President and Congress in Nove~ber 1970. It i s interesting to note that much of the ~ateria1 for the Federa1 Act has been incorporated in the new State CrLmina1 Code on pornography. The Sections above retain as much of the existing obscenLt y 1aw as the United States Supreme Court has indicated is coostitutiona11y va1id. The tripartite test was first out1 Lned in Roth vs. The Un ited States. 354 U.S. 476 (1 957) case. and e1aborated on in Memoi rs vs. Massachusetts. 383 U.S. 413 (1966) case. The tripartite test ~as simp1y the fo11ow:lng : Materia1 is obscene if taken as a who1e it: (a) Has as its dominant theme an appea1 to prurient interest in sex of the average pers -n . or in the case of materia1 designed for or disseminated to a specia1 group, to the prurient interest in sex of the members of the group; and (b) Exceeds the candor permissib1e in description or representation of sexua1 matters judged by standards genera11y accepted in the Uni ted States as 1Lmiting such description or representation; and (c) Utter1y without socia1 va1ue to persons to whom the dissemination is addressed. The definition of "Predominant Appea1 .. 11-7-7 A (2) incorporates the pandering ru1e of Ginsburg vs. The United States. 383 U.S. 463 (1963) case. Note thatthLs Section prohibit s distr~bution or promot1on. but it does not prohibit possession of pornographic materia1s, which was dec1ared unconstLtutiona1 in S t an1e y vs. Georgia. 394 U .S. 357 (1969) case. • • • T 32X - - - - - In a ver"· recent: case a£ Ka.ra1exis v s. B'-·rne ,. 3 06 Fed . S u p.,. 363 ~t ass .,. t.;.S . Dist:. Ct. (1969) a t:h ree judge Fe d era1 D i s trict Court construed t he S t anle y c ase to h o 1 d uncon stituti ona1 prohibi t ions on t he d i s tribu tion o f o b sce n ~t y t o c onsenting adults, where t h ere h a ve been sho wn to b e adeou at e c on t ro1s to p r eve n t e xpos ure to c h i l dren or offenses to t he se ns i b i l ities of the genera1 pub1ic. A£ter reading num.erous ca.ses and materials on this subject: matter,. it seems to me the trend of the American La~ ~t:h reference to obscenity,. takes on two significant areas of effective 1e g is1ation . The first is that the State or its po1it:ica1 a g ency may prohibit the promotion of obscenity ,. on1y insofar as it may fa11 into the hands of children. or second1y it may proh~bit the same insofar as it may intrude upon the sensitivities or the privacy of the genera1 pub1ic. Indeed it appears 1ike1y that an adu1t individuaL ~ay view whatever materia1 he persona11y seLects for vie~ng or reading without offending any State CrLmina1 La~. Federa1 ReguLatory Act. dea1ing ~th obscenity. or City OrdLnance dea1ing ~th the same subject matter . • -- r 32 x • • • R E SOLL'"TIO); :o-.:0 . SERIE S OF 1972 A RE SOLt:TlO~ A t:THO RIZ I~:G THE EXECt.:Tt.O:-= OF A CO~TRACT FOR THE P L'"RCHAS E OF LA~'"D F O R THE l:Tl LI Tl ES DEPARTI!E~T . \o.THEREAS ., it has b een deterr.1ined that the Utilities Department of the City of Engle~oo d ., Colorado is in need of additional real property upon ~hic h it ~ay ., from tim e to time ., expand its fa c ilitie s ; and \o.~EREA S , a certain parcel of ground a s hereinafter d esc ribed is proper and s uitable for s uch future plant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ENGLE\...000 : l. That the Mayor of t.h@ Ci ty of Englewood is hereby authorized to execute an agreem ent for the purcha se and sale of 1 .2011 acres of real property for the purchase price of Sixteen Thousand Five Hundred Dolla rs ($16 ,500 .00). Said real property is described as follows: A Tract of land located in W~, NE~ NE~ of Section 33 , To~ship 4 South , Range 68 We s t of the 6eh P .M., described as follo~s : BEGINNING at a point which is 990.0 feet South and 417.0 feet East of the NW corner of said NE~ NE~; thence Nore.h 373.7 feet; thence East 140.0 feet ; thence Soue.h and parallel with the West line of said Section 33, a distance of 373.7 feet; thence West and parallel with the North line of said Section , a distance of 140 .0 feet to the point of beginning. 2 . That the Director of Finance is hereby authorized to draw from the general utility funds a warrant in the amount of One Thousand Dollar s ($1 ,000 .00) made paya ble to Terry Lindner, seller , to be transmi tted w~th the executed agreement and to serve as a deposit on the purcha se price of said property, pursuant to its terms. ADOPTED AND APPROVED thi.s ----day of 1972. Atte st : ex officio City Clerk -----------• A.D. • Mayor X , ex officio City Clerk of the City of Englewood, State of Colorado, do hereby certify that the above and foregoing is a true . accurate and complete copy of Resolution No . , Series of 1972 • ex officio CLty Clerk • • - - • SERIES OF 19 -2 A RESOLUTtO:-.= A IJ THORIZI~:c "T HE EXECL'TIO....: OF A CONTRACT FOR THE PURCHASE OF LA:-:D FOR TH E CTILITIE5 DEPART!-:E~.:T . \..THEREAS , it has been deteml.ned that the Uti li1:.i es D epa r t.m nt of the City of Engle~ood , Colorad o is in need of additional real property up on ,.,;hich it may ., from time to time ., expand it:.s faci l ities ; and WHEREAS ., a certain parcel of ground as hereinaf t er described is proper and suitable for such f u t u re plant ; SO~., THEREFORE ., BE IT R ESOLV ED BY THE CITY COUNCIL OF THE CITY OF E:O.:GLE\..'"000 : 1 . That the Ma yor of the City of E n g l e w ood is hereby a u t h orized t o e x ecute a n agreeme n t fo r t he p u rchase and sale of 0 .935 1 acres of r ea l pro p er ty for t h e purc h ase price of ~i n e Thou sand E ight H u ndred F ifty Seven Do llar s ($9 .,8 5 7 .00). Said r ea l pro p e rty i s d e scri b e d f o llows : C ommencing at a point 9 9 0 f eet S outh a nd 308 f e et Ea st of the ~V corn e r of the NE~ NE~ o f S ect i on 33 , T own s h i p 4 South, Ran ge 68 Wes t of the 6th Principal Meridian, thence North 3 73 .7 feet, the nc e Ea s t 1 0 9.0 feet, thence South and parallel to the W~s t line of s aid Section 33, 373.7 feet, thence West and parallel to the North line o f said Section 3 3, 1 0 9 feet to the point of beginning; 2 . That the Director of Finance i s her~by authorized t o draw from the gen e ral utility fund s a ~arrant in the amount of One Thousand Dollars ($1 ,000 .00) ma de payable to S hirley L. Wil s on, seller, to be tran smitted w i th the exec uted a g r e e me nt and to s erve as a depos it on the purcha se pric e of said property, pur s uant to its term.s. ADOPTED AND APPROVED thi s ----day of 1972. Attest: ex officio C ity C lerk -----------• A. D . 0 I ,. ex officio City Clerk of the Ciey of Englewo od,. S tate of Colorado, do hereby certify that the above and foregoing is a true,. accurate and complete copy of Resolution No. ----' S~ri es of 19 7 2. ex officio City Cl~rk • • r 32x - • • • - TO: All !rl.er:abers <",{the EJ:::..gl e,,ood City CcuncU FR0::\1.: ~!.r .. Stanley H. D ial. City ~I.a..nager D-4\.TE: 1\'la.rcb 31. 1.97 2 Sl::""D-J ECTo LETTER FROl\t ~lR... DEVJEY F .. ~rt.LLE.R 7hc a .";.t."l'c-hod is :1. letter 'from !\I~. De~\cey F. ?.l!_ller, 47 30 South L<:>g3;D St.rt:::e~ ""hich fr.£e :~1ayor felt should be pas:sed. on to o.J.: ::oemhcrs o! the C-::.>o.!.O.Cil .. Respectfully . STAKLEY H .. DIAL City !.\.l:l.n..a.£er SHD/tj Att. • ' • • T 32X • • • • 0 - ::: rc:-: 2 5 ~ 1 972 To : :::r-y or S r:~i... C1~y C o~~c1l ~e ~~e~s . s~~1 E w~~~. c ~J..o . F r o :::!: ::e-.... ·e y :. !·:!.J..J...e r 47 3 0 So . L ~-an S ~. E n ~~e~oo ~. C oJ..o ... Re: Po11 u t~o n , a n ~~a1 con~ro1, yr~or1 t~es, & O ?t~ons ... D ear S:1.r s : I a t te nd.e.3. 't he C o ·~c 1.1 1"!l e e t1.n g or l-!e...rcb. 2 0, ex'9e c t 1.!1.g-to h ear ~r so=e s c t i.?n to ~~r d eo J..v ~n g t ~~ e ~e r ex p e nd 1.ng ~nd cr1.t~ce1 d og p r -:>b l..e~. =ne~e a..:i. t;!:.e =e e 't~n~ ":as :::io:n l.n s ted. b y a sen1.o:-c1.t1.z.en &ct1.ng a& God , J ud ~e. an ~ jury , e xpound :1.ng h :1.s p ur:1.t an 1 cal.. vl.e~s r ega r.:i.1.n~ t Ce sh o~~~e or cer~a:1.n mov1 e s l.n e n E ngl..ewood T h eatre. No.1.se .1.s a ror::n or pol..l..ut.1.on ... _;o.1.se .. :Cro!!l be.r k !.n ~ d.og-s, :1.s a m e nace ~o the pe ac e ~~~ q ~1.et ~r c1.~1.ze n s wt ~ are :Coree~ to w1.~hotan~ th:1.s e ver 1 ~cr e a s 1.n~ ~~noyanc e . We have no O?t:1.ono. We mu s ~ l..l.s ten~ day and n~=h ~ t~ ~~e bar 41n ~ a nd ho~2~n ~ or one o~ m ore of the e~teen dog s 10ca~e ~ w~~h 1n a r&~~us or 150-fe e t from ou~ l1v1 n: quarters. (Th e a~te~ian ce at ~he X-~a ~ed ~o v1e ~s oot1or~1.) ~e ~ve no a1terna- t~ve. Ev ery ca~ t ~~~ ~o v e s ~e arb y . s c h ooi ch11d ren ~a1 k 1n ~ the stre e t a n ~ e ~1ey . car s ~ ~r~c~s ~n t h e a11ey. a11 are potent1a1 causes that Q u1te o r~e n t r ~gg er s a c~~n react1o~ or ber~~n € dogs. I a o c o:1.v 1.~c ed. -:.1""-.e.t ~he p lac e ~o s t E-rt 1.n eo-::>:1.:'\g wi..th "t h i..s p rob1ec 1 S "tb.e 1 1.c e>~s!...::~ o'£' e..1l ::i.0 €8. ·.,;1~h ?Ut S O :!le f'~rm of re g .i.str&.t1.o n hOW ca ~ reo~o ns1b111~Y b e es ta b1~s~ed . S o~e c ons 1 de ra t1o~ s~o u l d ~~v en L o the e a n1t a t1on nrob 1 e ~ that 1.s 1 n c~d en ta 1 t o the d ~g s 1n t h e c:1.ty. So ~e o w ners t h row the dog drop p 1.~g e 1n t he a 11ey . 1.n the t r a s h c a ~. or j~st t~~~~ 1t over ~he renee • (Denver p roh1b 1 t s t h e use or t h e trash can s ror t h~a purpose) Yours truly. • • • '32X - • • 0 - PROSPECTUS AND NO'TICE OF SAIAE $511.,000 CITY OF ENGLEWOOD., COLORADO PAVING DISTRICT NO. 21 I SPECIAL ASSESSMENT BO OS DATED JUNE 1, 1972 BID O P EN I NG ' APRIL 27., 1972 10:00 A.M. 3400 SOUTH ELATI STREET I ENGLEWOOD, COLORADO • • • • ~"32x r.--, " w tv X - ID w-----------------•. -,.-- • • I CITY OF ENGLEWOOD, COWRAOO HISTORY OF IMPROVEMENT DISTRICT BOND RETIREMENT Bonds Retired Paving District No. 6 $250,000 bonds , issued 9-1-56, retired 8·1 ·62 Paving District No. 7 215 ,000 bonds, issued 8·1-57 , retired 11+63 Paving District No. 8 210 ,000 bonds, issued 9·1·5 8, retired 9·1-64 P~ving District No. 9 215,000 bonds, issued 7-1-59, retired 6·1-65 Paving District No . 10 230,000 bonds , issued 9-1 ·6 0, retired 5-1-66 Paving District No, 11 250,000 bonds, issued 7-1 ·61, retired 6-1-69 Paving District No. 12 425,000 bonds, issued 7-1·62, retired 7-1·68 Paving Distri ct No. 13 330,000 bonds, issued 6-1-63 , retired 6-1·69 Paving Di strict No. 14 250 ,000 bonds , issued 6·1-64, retired 12 -1-71 Scenic View Sanitation Sewer District 275,000 bonds, issued 4-1·63, retired 12 ·1-71 Bonds Outstanding (As of 1·1·721 Paving Paving Paving Paving Paving Paving District District Di strict District District District Description ~ ~ ..!!2:.12.. No. lB ~ ~ Total Original Issue, I . . Amount $255,000 $172 ,000 $387,000 $245 ,000 $372,000 $427 ,000 * $1,858,000 Date 7-1·65 6·1-66 6-1-68 6·1-69 6+70 6·1-7 1 Date of Last Call 1-1-72 12 ·1-71 12 ·1-71 12 ·1-71 12+71 1 Retired as of 1-1-72 226,000 149 ,000 267,000 146 ,000 222,000 1,010 ,000 Outstanding 1-1 · 72 29,000 23,000 120,000 99 ,000 150,000 427,000 848 ,000 20\ Guarantee Per Charter Section 108 51 ,000 35 ,000 78 ,000 49,000 75 ,000 86,000 374,000 Bonds Outst anding in Excess of Guarantee None None 42,000 50 ,000 75,000 341,000 508,000 Period Ove r Which Assessments Remain to be Paid 4 years 5 yea rs 7 year s 8 years 9 years 10 years • • " w N X Surplus and Deficiency Fund Balance as of January 1, 1972 '* • CITY OF ENGLEWOOD, OOI.ORADO HISTORY OF IMPROVEIIENT DISTRICT BOND RETIREMENT (Continued) $371,352 •Bonds for Paving District No. 20 may not be called until June 1, 1972. Assessments of Paving District No . 20 may be paid in full with a discount in the Spring of 19(2. The first installment on unpaid assessments is due January 1, 1973. ''To create this fund the City of Englewood, between the period of 1956-1965, transferred $136,700 to the Paving Distr let accounts, This was in accordance with Charter Section 109, • • I I I . . 1 • - • • .. - General. Fi..na..nci...al. Data In 1.970 the Engl..ewood Ci...ty Council. l..owered the 1..971. mi11.. l..evy from 4.985 mi...l..l..s to 3.97 mi...l..l..s _ The retail. sal.es and use tax -as i...ncreas~ i.n September , 1.970, from 2 cents to 3 cents . These actions ~ere designed to beq~ the imp1ementation of a capital. improvements prc:>gram of over $1 ,.4 00 ,000 per year for he next six years and are i...n concert with the present phi1osophy of fLnancing general. capita1 improve- ments on a ·•pay as you go·· basis. Ma::JOr water and se-er capi..ta.1 improve- ments have been financed by bonds which are repaid fr o m operating revenues a.n.d a.re,. therefore . not i...nc1uded under the ••pay as you go•• po1i.cy _ T h e Ci.ty is a1s o perf o ~ing S1 ,300.000 worth of capi..ta1 improvements to the Sewage Treatment P1a...nt t.hi.s year without bonds. January February March April. May June Jul.y Aug u s t Septe..mbe.r October Nove mber December 1961. 1962 1963 1.964 1 9 65 1 966 1.9 67 1.9GB 1 969 1.970 1.97 1. City of Engl.ewood Sal.es Tax Revenue (In Dol.l..ars C ol.l.ected) s 52 ~04 6 27,.21.2 25 .770 47,444 4 3 ,307 43,1.53 63 ,620 48,243 53 ,965 67,640(2,) 48,.61.9(21k) 1.06 , 545 (2,) $ 208 ,085 88 ,592 85 ,476 1.1.8 ,824 1.04,767 11.5.005 1.40,624 1.1.4 ,1.08 1.32,998 1.48 ,365 1.21.,066 1.46 ,509 $ 1.970 (2') 260 ,.049 $ 11.8.940 11.1,147 137,.878 130 ,.403 144 ,957 1...69,043 140,526 161,.244 250 ,.638 (3,) 222,.333(3.) 251.721(3 ... ) 426,.325 1 98,.843 1.9 3,.962 254 ,.208 229 ,446 242.598 2 95 ,049 248,696 266,.936 306,025 252,279 278,.417 $627,564 $1.. ,524 ,4 1..9 $2,098.879 $3,.192,784 History of Assessed Va1uati..o n • Eng1ewood $46 ,.11.5,.735 48,292 ,.386 50 ,19 4,9 21. 4 9 ,773,.013 4 9 ,.348,076 51,.420,375 53,.407,873 61,.1.01 ,.694 65,234 ,81.8 70,.51.5 ,789 75,.360 ,.063 Arapahoe County $206 ,844,.850 229,700,1.80 249,334,060 252 ,685,550 268,1..5 9 ,295 271..,228,.1.04 281.,1.80,022 299,91.6,850 31.5,321..,640 336 ,040,980 384,258,064 Arapahoe County School. District *1 $43,.746,171 45,449,634 44,.428,466 44,292,881 44 ,243,.960 4-4 ,.8 .40,194 45,620,.816 53,.201.,029 56,986,1.81 61.,.686,.465 66,248,142 •Per capita assessed val.uation haS increased from $1,388 i.n 1.961 to $2,237 i.n 1.971. f or the City. -1.4 - • • \ ~ • • '32xl - - - - • - Eng1ewood serves as a bus~ess and professiona1 center with 460 o ffices existing on January 1. 1972. The industria1 growth of Eng1ewood has been considerab1e. On January 1. 1 9 72 , over 200 industries existed within the City. Major emp1oyers inc1ude: Air Contro1 Products AHX Co., :X.nc. Bingo King Cc::locnpa.ny, Lnc. Burt Chevr:o1et Continenta1 Nationa.l. Bank Denver Dry GoodS Company Fa.b Too1s. Inc . First Nati.ona1 Bank of Eng1ewood Genera1 Iron Works Jos1i.n.s K-Mart Discount Store Lowdermi~k Construction Company Mart~-Harietta Corporation Mecha..n.i...x Corporation Mi11er Sa1es Company Na.tiona1 C-a%nera. Repair Schoo1 Na t..ki..n a..nd Com.pa.ny Neustete.rs Partitions, Xnc. T. A . Pe1su.e Ccxnpa..ny J . C. Penney Com.pa.ny Precision Too1 Wi.1kerson Corporation Ten Largest Taxpay ers Ci.ndere.l.1a City Shopping Center Mountain Be11 Genera1 1ron workS Pub.l.i.c Service Company First Nationa.l. Bank of E.ng.l.ewood Jos.l.i..ns ContLnenta.l. Natio.na.l. Bank Burt c:.hevro.l.et K-Mart Di..scount Store Centennia.l. Shopping Center Assessed Va1uation $5,276,81.0 2 ,044.140 1,288~580 1~275,390 1 ,088 ,864 836 ,860 637 ,570 565 ,340 400,730 301.730 Eng1ewood is surrounded on a11 aides by other cities. The residenti.a1 portion of the community is cha.ngi..ng from sing1e fazni1y homes to mu1ti-fa.mi1y apartment d-e11i..ngs _ x.n the .l.ast two ca.l.e.ndar years 37 apartment houses have been constructed. with a tota.l. of 985 1ivi.ng units. or an average of just under 27 units per apartment house. 1961 1962 .1.963 .1.964 1965 1.966 1967 1968 1.969 1970 .1.971 Bui.l.dinq Per~ts 1.,611 1,816 1 ,986 1 ,4 35 1,426 .1.,74 6 1,744 1,797 2,250 2 ,537 2,436 -13 - • $ 3,760;705 5 ,64 5 ,696 3 ,744,933 .1.,904 .757 2,225;214 4 ~758,2 86 16,774,006 12,849,779 1.2~683 ,812 10~624,990 13,11.8,442 - -- I' 32 X I - - • Year 1961 1962 1.963 1964 1.965 1.966 1.967 1.968 1.969 1..970 • • - ... City of Eng l.ewood Ad Va1orem Tax Col.l.ections ~· $595,.457 508 ,027 572 .,347 61.5 .,520 755.,098 786.,783 806 ,61.1. 304.,596 325 .,003 280 .,561. Col.l.ected $590.,81.2 505 ,283 567.,253 61.2 ,258 754,873 786 ,521. 803 .,948 304 ,764 324 ,.188 279,531. Percentage 99.22' 99.46 99.1.1 99 .47 99.97 99 .96 99 .66 100.05 99.74 99 .63 • •Ad Va..l.ore.m taxes reduced a£ter 2'-sal. a& tax w as i.ntrodu.ced .i..n Nov ember , 1.968, and 3' 1n September , 1970 . A11 Ad Va.l.orem Tax Levies A£fec:t.i..n.:51 Cit~ Pro~rty o-ners 1.965 ~ ~ 1.968 1.969 1.970 1971. State 0 .000 0 .000 0.000 0.000 0.000 0.000 0.000 County 1.0 .0 4 1 9 .1.50 9 .480 9 .230 9.300 1.0.700 1.0 .500 School. Di.st. 111 52 .640 56 .558 61..1.82 53.920 65.234 66.944 68.41.0 Ci.ty 15 .301. 1.5 .301. 15 .103 4.985 4.985 3 .970 3.970 County Pu.bl.i.c School. Fund ~ 1.3 .751 1.3.720 ~ 0 .000 0 .000 ~ Total. 91.675 94.760 99.485 82 .305 79 .519 81..61.4 82.880 -1.5 - • • - • • • - DEBT INFORMATION AS O F JANUA...RY 1 ,. 1.972 THE CITY OF ENGLEWOOD HAS A CLEAR RECORD OF PROMPT PAYMENT OF ALL PRINCIPAL AND INTEREST ON OtrrSTAND:I:NG OBLIGATIONS on Tuesday , March 9 , 1971 ,. th C~ty sol.d $2,200 ,000 General. Obl.igation w ater Improvement BondS matur~g from 1972 through 1986 for the Ranch Creek Water Diversion Project ncar Fraser, Col.orado. The i...ssue was rated by Moody • s at A -l. and by Standard and Poors at AA. The 1ow bid of ContLncntal. Il.l.inoi...s National. Bank was 4 .35321 percent. T h e principal. and interest for this issue wi...l.l. be paid from Water Fund revenues. Popul.ati...on According to the 1970 Census the Ci...ty popul.ati...on was 33,695 . Va1uati.o:n Actual. Val.uati...on, estimated Assessed Val.uation , 1.971 General. Obl...igati.on Debt General. Obl.i.gat:i..on Water Bonds Less: Sel.f -Supporting Portion Net General. Obl.~gation Debt Other Debt Refu.nd.:i.ng se-er Revenue Bonds Special. Lmprovement District Bonds (Xncl.udes bonds $511~000 to be issued for Paving District No. 21 on June 1, 1972 --see pa.qe 3 .) -16 - .:.. • $240,465,804 $ 75,361.,983 $5,760,000 5 ,760 ~000 $·-----=0,;;.- $ 595~000 $1~389~000 • • • T 32X ~- - • • - Overl.apping Debt -City•s Share .1.971. Assessed Va..1u..ati.on. School. DLstr i.ct No. l. (Enql.ewood) SC:.bool. Distri.ct No. 2 (She...ri..dan) School.. Di.st..ric:t No. 5 (Cherry Creek) $66,234,552 1..2,434.166 94,977,320 Total. Overl.appLnq Debt Net Direct Net Direct Net Direct Net Direct Per Capi.ta Per Capi.ta. Per Capita Debt Ratios Debt to Actu&1 Val.ua.tion and overLapping Debt to Actua1 Val.uati.on Debt to Assessed Val.uati.on and Over1apping Debt to Assessed Val.uati.on Assessed Val.uati.on Net D:i.rect Debt Net Direct and Overl.app1ng Debt -.1.7 - C i. t:y • .s Sha..re o£ Debt $3,634,002 615,351"' 505,609 $4 ,754,962 $2,236.59 -0- $1.41..1.2 • • • '32 x l - • • • City of Engl.ewood 3400 South El.ati Engl.ewood, Col..orado Gentl.emen; • • - FOR SUBM.ITTAL APRIL 27, 1972 1.0:00 A.M. BID FOR $51.1.,000 CrrY OF ENG.LEWOOD, COLORADO PAVING DIST'B.l:CT NO. 21 SPECl:AL ASSESSMENT BONDS In fu1l. accordance with the Official. Notice of Sal.e dated April. 7, 1.972, which by reference is made a part of th1s bid, for $51.1.,000 of l.egal.l.y issued PavLng District No. 21. Special. Assessment Bonds of the City o£ Engl.ewood, C ol.orado, we wil.l. pay you $1,000 for each $1.,000 bond pl.us accrued interest f ro~ date of issue to date of del.ivery to us for bonds bearing i.nterest and rna.tur:i..ng as fol.l.a-s: $21.0,000 77,000 56,000 46,000 46,000 40,000 36 ,000 EstLmated Maturity 12-l.-1.973 12-l..-1974 1.2 -1.-1975 12 -1.-1976 1.2-1.-1.977 1.2-1.-1.978 1.2-l.-1979 "A .. Coup::o.n Rate :r.n addition, ""B" coupons -i11 be attached whi..ch sha11 be as £o11ows:. $21.0,000 77,000 56,000 46,000 46 ,000 40,000 36,000 Esti..zna.ted Maturity 12-1.-1.973 1.2-1.-1974 1.2-1.-1.975 1.2-1.-1.976 1.2-1.-1.977 12-1.-1.978 12-1-1.979 "B" Coupon Rate Dates for '"a•• Coupons to Run -:3 - • • • • - - - - --- _____ _... The i..nterest cost on t.hi....s proposa1 i.s a.& fo11ows: Interest Cost "A" Coupon Xnterest Cost "B" Coupon Tot.a1. Interest Cost Effect:i.ve Rate -------~' We attach hereto a cert1£i.ed check payab1.e to the City of Eng1ewood, Co1orado. 1n the amount o£ $1.0.000 as evidence of our good fai.th; and i.f we are the successfu1 purchasers of these bonds. said check i.s to be cashed by you and i.s to app1y on the purchase pri.ce of sai.d bonds_ Sa.i.d check represents fu...11 1i.qu.i.da.ted d.amage.s i...n the e"Vent we should fa.i.1 or neg1ec:t to take up and pay for sa:i.d bonds i...n accordance wi.th the terms of this proposa1. If we are not the successfu1 purchasers , our check i.s to be returned to us i..ramed...i.a.te1.y_ It i..a our understanding that the suc:cessfu1 purchase wi.11 be dete~ed at the City Counci.1 meeting on May 1, 1972, or at a 1.ater adjournment of sai.d meeting. It i.s understood and agreed that you wi.11 furnish the fu11.y prLnted bonds~ a cert1f~ed transcript o£ proceedings author1zing s~d bonds and the approving 1ega1 op~~on of W111son & Lamm~ Denver. Co1orado~ free of expense. Xn acco rdance -ith the Notice o£ Sa1e and/or custornary pract1ce f or the de1i.very of bonds . these bonds wi11 be avai1ab1e for de1ivery -ithin GO days. Respect£u11y submitted . By·------------------------------------ Date __________________________________ _ ·- -- - • • • - G.ENERA.L XNFO.R.MATION Th Ci. y o~ En9 ..-ood.. .Lncorporated May 13, 1903, is 1oc::at.ed ~d1-a l.y ad ac-~ 'U:> and d~ec::tl.y aou t.h of the Ci..ty and County o£ nve:r. E:ng ood • • 1 70 ~l.at:Lon a..s reported by the Census Bureau w as 33 .. 6 5. T C~~Y conta~ns ar a of 5.9 square mi.l.es. Form of Government Eng~ewood has operated under a Cou.ncil.-M.a.nager form of city qo~ernment s::a._nce 1952 . A Home Ru1e Charter which provides the basic l.ega1 framework of the City was adopted in 1958. Transportation Engl.ewood i.s dissected by u.s. 285 (east-west), u.s . as (north- south), a..nd i..s served by the other maJor highways and freeways wh ich converge into the metropo1i..tan area. North -south routes of the Denver ~ Rio Grande and Atchison , T opeka & Santa Fe Rai.l.roads run through the western po.r-ti..o:n of the City. Eng1ewood is 1ocated wi.thi...n a few minutes dri.ve of Denver•s Stap1eton Airport and the new1y constructed Arapahoe County ALrport . School. System Most of the Ci..ty of E:ngl.ewood. and a11 of the properties i...nc.l.ude.d wi..th:i.n Pav:Lng District No. 21 1ie wi.thi...n the boundary of Schoo1 District No . 1, Arapahoe County. The h1gh qua1ity of education offered ~ thi.s district i..s we11 known throughout the state and i.s one of the reasons why Eng1ewood ~s considered a good p1ace to 1ive in the metropo1i..tan area. Schoo1 District No . 1 ~s 1evyLng a tota1 of 68.41 m111s for 1 9 72 1 an increase of 1.466 m111s over the previous year. A tota1 of $3,634,002 in bonds is present1y outstanding with one issue 1n the amount of $624;065 to be retired by 1 9 73 and the remaining $3,009,937 to be retired by 1979. and apart Engl.ewood Loca1 Economy Enq1ewood, as an econo~ic unit, cannot be viewed as separate from the Denver metropo1itan area. Nonethe1ess~ viewing separate1y~ the City•s deve1opment has been consi.derab1e. J.:n 1968 the Ci...ndere11a Ci.ty Shoppi..n.q Center opened. There are cu.rrent1y 201 retail. sa1es out1ets i...n the Center, an increase of 18 over 1ast year. There are cu.rre.nt1y 1~896 busi..n.esses 1ice.nsed by the Ci.ty a .s opposed to 1,670 1ast year. • • • - • • • 0 - -PAVING DISTRICT NO 21- STREETS ALLEYS REVISED • tf/29/71 RAK 3/13/ 72 H'-'0 • • --- - - • • - Assessed Va1u.a t~on Data Pav~ng District No. 21 Devel.oped Parcel.s Num.ber Pa.rc:el.s Val.uation of Land Val.uation of Lmprovements Undeveloped Parcel.s Number Pa.rc:el.s Val.uation of Land Land and Improvements Land use 392 $ 679,820 1.,421.,9 70 64 $•_----'7'-7'--'-'• B~O"'O"' $2 ,1.79 .. 590 ~ Imp r ovements ~ Residential-Improved $242,620 $ 572.,340 $ 81.4.,960 Residential.-UnLmproved 35,640 -o -35 .. 640 Commercia1 -Lmproved 31.6,750 61.1.,300 928 ,050 Commercial.-Unimproved 34 ,630 -o-34 .. 630 Industrial.-Improved 1.02,750 203,380 306 .,1.30 Industrial-Unimproved 4,980 -0 -4,980 Mi.sce1.1.aneous 20,250 34,950 55,200 Total. $757,620 $2.1.79 ,590 Assessed Val.uatio n Improved Property (Land and Improvements) $2 .,101 ,790 Unimproved Property 77,800 Tota1 $2 ,179 ,590 • Percent Assessed Va.l.uati.on of District 37.39'- 1 .64 42.58 1..59 1.4.05 .23 ~ 1.00.00' Percent • • • • .. - The Fun-d ba.~a.nce of th Surpl.u s and Oefi.ci..enc-y Fund has grown apprec~abl.y over the past several. years as ref1ected by the fo1101Wii.Ln9: 1.965 1.966 1.967 1968 1.969 1 9 70 1.97 1 $ 76 ,093 163 ,279 169 ,239 213,551 284,745 304,5 40 371;352 T h e ful.l. amount of the Ci.ty•s s hare of the Distri ct ($76,384) was appropriated in the 1 9 72 operating budget adopted by the Council. on December 6 , 1.971. Cost Esti..mates The cost of Paving Dis tric t No. 21 of $587,090 is based upon the f ol.l.owing detai.l.ed estimates: Type of Improvement Asphal.t pavi.ng on streets 36 " wide Asphal.t pav~g on s treets 44' wide Concret e a l.l.ey paving 14" wide Pavi...n.g of other -idt.hs sha11 be in proportion to the above estimates: 4'' thi.ck cu.r bwal.k, Type II vertica l. curb a.n.d gutter Si.dewal.k 4' wide 6'' thick concrete sl.a.b -7 - Est:i.mated Cost $9 .03 per front foot $15.48 per front foot $9.62 per front foot $8.25 per front foot $5.12 per front foot $5.00 per front foot $1..65 per square foot • • • - - - 0 - --~~--------------------- General. Descr~pt~on Paving District No . 21 was establ.ished by O rdinance No. 7~ Series of 1972~ which was adopted on final. readLng February 22, 1972. Said ordinance was antend.ed by Ordi.na.nce No. 9 1 Series o£ 1972, whi...ch was adopted on final. reading March 20, 1 97 2. The District was created for the purpose of constructing and i...n.stal.l.i...n.g certain street pavi...n.g, curb, gutter , and si...dewal.k ~provements, necessary drainage Lmprovements, and a11ey pavi...n.g throughout the Ci..ty of Eng1ewood as shown on the map on page 9 . A total. of 83 percent of the 4 51 parcel.s 1n the Oi..stri..ct are iJnproved. Th e total. cost of this project 1s $587 ,090 , of which $76,384 wi..l.l. be assumed by the Ci..ty of Engl.e-ood. The remai...ni...ng costs are to be assessed to the property owners to be benefited by these improvements. Purpose of Bond Issue The bond .i..ssu e :i..s necessary to f:Lnance that portion of the .i..mprovements which wi11 be assessed to the benef.i..ted properties. Security T he bonds are payab1e from the proceeds of speci.a1 assessments to be 1evi.ed against the property w.i..th~ the District spec.i..a1 1y benef.i..ted by the construction of the improvements. The bonds are addit.i..ona11y secured by the Spec.i..a1 Surp1us and Def.i..ciency Fund . The Specia1 Surp1us and Defic.i..ency Fund: Section 108 o f the C.i..ty Charter. which Section became operative Ju1y 21. 1 958. states: Whenever a pub1ic Lmprovement district has paid and ca.nce1ed four -fifths of its bonds out...stan.d:Lnq: and for any reason the re.rn.a.i.n.i.nq: assessments are n o t paid in t .i..me to take up the fLna1 bonds of the district and interest due thereon and there .i..s not sufficient money .i.n said spec.i..a1 surp1us and defi- ciency fund . then the City sha11 pay said bonds when due and interest due thereon and reimburse itse1f by co11ecting the unpaid assessments due said Distr.i..ct (emphasis added). As of December 31. 1 971. the Speci.a1 Surpl.us and Defi.c.i..e.ncy Fund had a bal.ance of $371.352. Thi.s ba1ance was composed of $306.186 i..n cash. i..nvest.me.nts and current assets and $65 ,166 i.n a.ssess.ments recei.vah1e and other 1ong -term assets . The ba1ance of the fund has i.ncreased $66 .812 since December 31. 1970. The Fund has no 1iabi.1it.i..es . -6 - -- - Dated: June 1,. 1972 • • - PR>SPECTUS $51.1 ,000 CITY OF ENGLEWOOD ,. COLORADO PAVING DISTRICT NO. 21 SPECLAL ASSESSMENT BONDS Due: June 1., 1983 Principal. and se.In.i-a.n.nua.l. interest (June 1 and Decetnber 1, first coupon due June 1 , 1973) payabl.e at the First Nati.o.nal. Bank of Engl.ewood in Engl.ewood , Col.orado. These bonds are subject to prior redemption in numerical. order on any interest payment date upon t.hi..rty (30) days publ.i.shed notice at par and accrued interest . $210,.000 77 ,000 56,000 46,000 46 ,000 40 .. 000 36,000 DENOMINATION -$1.,000 ESTIMATED REDEMPTXON SCHEDULE Estimated Date of Payment 1.2-1 -1973 12-1-1974 12-1-1975 12 -1 -1976 12-1-1977 12-l..-1978 12 -1 -1.979 The a.l:>ove esti...mat.ed payment dates are based upon the experi- ence o£ r edemption by the City. The accuracy of the estimate is not guaranteed. -5 - • • • '32xl - • • • • • - Subject to the right of the City o £ Eng1ewood to reject any and a11 bids received, said bonds w i11 b e a warded o n the bid r epre- senting the 10"West net interest cost to the City based upon the est:i.mated dates of paym.ent as set forth above_ S&..i..d bonds wi.....11 be payab1e from assessments to be 1evied aga inst the property within the District specia~1y benefited by the construction of the improve- ments_ The Charter of said City provi des : Whene ver a pub1ic improvement district has paid and ca.nce11ed four-f.i..fth.s o£ its t:J,c,nds outsta..n.di.ng and for any reason the remain.ing assessments are not paid i..n t:Lm.e to take up the fi.na1 bonds of the dis trict and interest due the reon and there is not sufficient money in s ai..d speci.a.1 surp1us and deficiency fund, t .hen the City shal..1 pay said bonds when due and i..nterest due thereon and rei..m burse i..tse1£ by co1~ecti.nq the unpaid assessments due said Dis trict (emphasis added)_ A11 bids must be unconditiona1 and s ha11 be accompanied by a cashier•s or certified check 1n the amount of $10,000 payab1e to the City o£ Enq1ewood_ Checks of unsuccessfu1 bidders wi..11 be prompt1y returned_ The good fa.i..th deposi..t wi..11 be credi..ted tc::;, the purchaser at the ti..me de1 i.very of the bonds i..s made; and i..f the su.ccessfu1 bi..dde.r sha11 fai.....1 or neg1~ct to comp1ete the puzchase of said bonds i.n accordance w1.t.b hi..s bi..d , the amount of h.i.s deposit &ha11 be he.1d by the Ci..ty as 1i..qui.dated damages_ The City o£ Eng1ewood reserves the pri..vL.l.ege of waiving any i.rregul.a.ri.ty or i..n.forma~i..ty i.n any bi...d_ De1i..ve ry w i.11 be made a t the office of the Director o£ F~ance i..n Eng1ewood, Co1orado , or e 1sewhere at the request and expense o f the purchaser_ It is antici-pa t ed that de1i..very o f the bonds w i11 be made on or about June 16, 1972. Addi..ti..ona1 Lnformati.on concerning this issue and the D istri-ct may be obtained from Mr_ Wi.11i.am L. Mc:Di..vi.tt,. Di..rector of Finance, Ci.ty Ha11 , Eng1ewood, Co1orado • The C i..ty of Eng1ewood wi..11 furnish the prLnted bonds, a certified transcript of 1ega1 proceedLngs and the approving opini.on of Mess r s_ Wi11son & Lamm, Attorneys at Law, Denver, Co1orado _ A certi.fi.ed copy of s aid approving opinion wi..11 be printed upon each bond wi..thout addi..ti.ona1 cost_ DATED at Eng1ewood , Co1orado, as of the 3rd day of Apr~1 , 1 9 72_ /S/ M i1ton E. Senti. ATTE5'T: Mayor /s/ Wi..11iam L-McDivitt Director of FLnance 4 - • • • • T 32X - --- .... NOT:XCE OF BOND SALE CrrY OF ENGLEWOOD~ COLORADO PAVING OJ:STR.ICT NO. 21 BID OPENXNG: APRIL 27, 1972 10:00 A.M. NOTICE :XS HEREBY GrvEN that the City of Engl.ewood. Col.orado, wi11 rece~ve sea1ed bids at the o~fice of the Director of F~ance at - th.e City H.a11 i..n E:ngl.ewoetd, Co1oradc:t, until.. 10:00 A.M., M.D.T., on Thursday, April. 27, 1972, for the purchase of $511,000 City of Engl.ewood, Col.orado, Paving District No. 21 Special Assessment Bonds. Said bond.s are to be dated June 1 , 1972, and due June 1, 1983, subject to prior redemption 1n dir~ct numerical. order on any interest pay~ent date upon thirty (30) days publ.i.shed notice upon payment of par and accrued inter- est. The bonds sha11 be i...n denomination of $1,000, :numbered 1 through 511... The &W"ard of the contract wil.l. be made by the City Counci.l. 8:00P.M., May 1, 1972, or at an adjournment of the requl.ar Council. meetLng o f that date. Interest on said bonds sha...11. be pa.yabl.e on June 1., 1973~ and sem.i.-a.n.nua.11.y thereafter on June 1 a.nd Deceznber 1, each year, to be evidenced by one or more sets of interest coupons. For the purpose of co~parLson onl.y, bids sha11 be submitted on the fol.l.owing est~ated d .a.tes of payment which are strict1y an estLmate based on past experience and are Ln no way guaranteed. $210,000 77,000 56,000 46,000 46,000 40~000 36 ,000 EstLmated Date of Payment 12-1.-1973 12-1.-1.974 12-1-1.975 1.2-l.-1.976 1..2 -1-1..977 12-l.-1.978 12-l..-1.979 The pr i.nci.pa1 and :Lnterest on said bonds sha.l.l. be pa.yabl.e at the First National. Bank of Engl.ewood ~ Engl.ewood~ Co1orado. The bonds wil.l. bear Lntere&t at a rate or rates not exceeding 1.0 percent per annum and wil.l. be sol.d at not l.ess than par and accrued i..nterest to dates of del..i.very. Di..ffere.nt or separate ••A" and ... B .. coupon rates may be bid for each estimated date of payment, but bi..ds based on spl.it coupon rates for any one estLmated payment date wil.l. not be accept- a..bl.e. -3 - •• -- r 32x - • • • • - PROSPECTUS AND NOTICE OF SALE OF $511,000 CXTY OF ENGLEWOOD, COLORADO PAVXNG OI.STR.XCT NO. 21. SPECXAL ASSESSMENT BONDS BID O PENING: APRIL 27, 1972r 1.0:00 A.M . M.i.l.ton E. Senti. liooward R. Brown Paul. T. Bl.essing D&l.l.as J. Dhori.ty Judith B. Henning John J _ Lay El.me.r E. Schwab CITY COUNCXL A.DM.INI.STRAT rvE OFFIC:I:A.LS Sta..nl.ey H. Dial.. Wi.l.1.i.am L. HcDi.vi.tt Bernard v. Be.ra.rdi..ni. K.el.l..s Waggoner BOND COUNSEL Wi.l.l.son & La.mm Attorneys at Law Denver, Col.orado Mayor Mayor Pro Tem Counci.l....ma..n cou.n.ci.1Lna..n Counci.l...woma..n Cou..nci.l.ma.n Counci..l....ma..n City M.a..nager Director of Fi..na..nce City Attorney Director o£ Pub1.i..c Wor ks The Lnformati.on Ln this prospectus has been prepared fro~ information obtained fro~ offi.ci.al.s of various other governmental. and private organizations as w el.l. as the City of Engl.ewood and, whi.l.e not guaran- teed. Ls bel.i.eved to be rel.i.&bl.e. Additional. information and copies of the prospectus may be obtaLned from Wi11~am L-McDivitt, Director of Finance, Department of Finance, 3400 South E1ati Street, Eng1ewood, Colorado_ PREPA.RED BY Wi11iam L-McDivitt Director of Fi.na.nce April 3, 1972 ~--~.~---------------------·7~.-------~--~--~~--~.~~~ .. • • • I' 32 X 'I - - - - • - FROH: Chier C1a..sby .nn.-.,-,;; •• ..> 2 It aha.11 be un1a~ ror the proprietor or keeper or a.ny tavern to Dt?I....OY or per:n:i.t any m:1.nor under the .a.ge or twenty-one years to ~:reque..nt or be ~ or abo ut such place, un1ess accomp anied oy a parent. or to drLnk any into~eatin& 1iquors or beer or any other fermen~ed ~t beverage ~ about the &a.t::le • or to engage or pa..rticipa:te in any ga%:Je or bi.11..:l.a.rc:ia • or any gan:e. bet, or wager w:it.h any cards or .a..ny o't;.b.er gacb1.1ng de~c•• any o~e.r &&me whatsoever in or about such p1ace. Obviously Cll.s orc:ti...n.ance p.ro.h..1b:i.t.s a=lYOD.e under 2..1. yea.re or age to be (1) employed or (2) to consum.e beer or a.n:y other f'e~nted ma1t beTera.ge :1..n any-tavern. Th:i.s ordin::l.Oce ~a i..n direct co~et with ata.te statu:te 'Wb.:l.c:h. a.1..1owa e-i-ghteen year ol..d.s to consu.me beer at the 3-~ eata.b.l..isnments. It wou.l..d a.l..so. as it seems to me, :Co11ow, tl::l.at persons u.:nder 2.1 cou.1d be empl..oyeed ~ such estabiisnmen~•- J.hlzl:i.cipa].. Ord.:l.n.a.nee 1.1.~-2 and. l..:L-Cs-:3 aeem to adequ.atel..y regu1a.ta bi11ia.rda and pool. b..a.1.1a . The atat.e atatutea do re~a.te age l..:i..m:l.t.a ~or aerv:i...ng and conaum.i.ng: 3.~ beer. T'ne.re'£ore. :f"u.rt.b.er con.s:Lderation a.b.ou.1d be E;iven with rega..rcts to ordina:nce 11-ts-4. ..:.. • -- r • • • I "-'TRODUCED AS A BILL BY COUNCIL'1A..'I A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZONI~G ORDIN&'ICE (ORDI NANCE NO. 26, SERIES 1 963 ) BY ADDING THERETO A NEW S UBCHAPTER , 22 .4A, ENTITLED, "PLANNED DEVELOPl'1E~'T (P. D.) DISTRICT," AUTHORIZING SAID DISTRICT TO BE SUPERIHPOSED UPON OR COMBINED WITH ANY OTHER ZONED DISTRICT WITHIN THE CITY ; RE0UIRING THE APP LICATION, REVIEW &'10 APPROVAL THEREOF; AND PROVIDI NG STANDARDS THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as fo11ows: Section 1. That the Co~prehensive Zoning Ordinance, Ordinance No. 26, Series 1963, is hereby amended by adding a new subchapter thereto, being 22.4A, ent::it:1ed, "P1a.nned I>eve1opment: (P.O.) District:.'' Said new subchapter reads as fo11o-ws : 22.4A-1. Legis1at:ive Purpose and Intent: The purpose of this subchapter is t:o permit and encourage diversification in the 1ocat:ion of structures and the appropriate re1at:ionship of various uses and structures to their sites without: inhibit:Lng the pot:ent:ia1 advantages of new and Lmaginat:ive techniques and concepts of design of urban 1and use. These regu1at::ions are further intended to insure improved pedestrian and vehicu1ar c~rcu1ation, faci1ities and the provision of usab1e open space wbi1e insuring adequate standards re1ating to the pub1ic hea1th. safety. we1fare and conven- ience in the use and occupancy of bui1dings and faci1ities. The amenities and compatiui1ities of the P1anned Deve1opment c1assification are to be insured to the adoption of a deve1opment p1an, which sha11 consist of maps, diagrams and written statements setting forth 1and use re1ationships and deve1opment standards. The P1anned Deve1opment c1assification is to be app1ied to 1and on1y upon specific app1ication by the owner. or authorized representatives of the owner of the 1and and after approva1 by the City P1anning and Zoning Commission; construction on said 1and sha11 take p1ace on1y after the approva1 of the Commdssion and the Deve1op- ment p1an and its attendant documents have been recorded in the Office of the C1erk and Recorder of Arapahoe County, Co1orado. -1- II • • I' 32 X I ( - - - 22.4A-2. Requirements (a) The P.O. D~strict may be combined with any other zoned district and sha11 be subject to the provisions of this ordinan ce~ as we11 as the basic zoning district ~th which it is combined . Where a conflict occurs bet~een an approved P.D. and the regulations of the underlying zoning district~ the approved P.O. shall prevail, except ~th regard to permitted uses, dwe11ing unit density, and off- street parking requirements. (b) In order to encourage good design and f1exibi1ity, the City Planning and Zoning Co~ssion may waive a11 or part of the subdivision regulations applicable to the development, if it is assured that a11 public improvements and conveniences ~11 be consummated through other documents and agreements. (c) The City P1anning and Zoning Comm1ssion may ~aive up to and inc1uding twenty-five -(25) percent of the off-street parkLng requirements as estab1ished by Chapter 22.5 -5 of the Zoning Ordinance~ subject~ ho~ever~ to the standards estab1ished pursuant to Section 6(e) of this Chapter. 22.4A-3. Pre-App1ication Conference A pre-a.pp1ication co·nference sha.11 be he1d 'With the staff of the Department of Community Deve1opment in order for the app1icant to become acquainted 'With the P1anned Deve1opment procedures and re1a.ted City requirements. 22_4A-4. App1icati..on An app1icati..on £or approva1 of a P1anned Deve1opment may be fi1ed by the owner or owners of the 1a.n.d or by a person h.a:v-i..ng an i..n.t:ere.st in the property that is to be inc1uded in Che P1anned Deve1opment~ provided that such app1Lcation sha11 be acco~panied by the written authorizAtion for such action signed by the owner or owners of sa~d 1and~ together with a statement signed by the owner or owners that they a g ree to be bound by the regu1ations and conditio~s which ~11 be effective W'i.th the approva1 and recording of the Deve 1opment P1an. The app1ication sha.11 be made on a form pro- vided by the City and sha11 be accompanied by p1ans and written statements sho~ng the fo11owing infor- tn.ation: -2- -- • • • (a) Pre1iminarv P1ans. A Pre~iminary P1an sho~ing the major detai1s of the proposed P1anned Oeve1opn:te:nt at a sca1e of not 1ess t han 1'' -50' and in sufficient detai1 to eva1uate the 1a.nd p1anning~ bui1ding design ~ and o t her fea t ures o f t he p ro posed deve1opmen t . T h e P r e1imin ary P 1 an s mus t c ontain. i n s o f ar as i s app 1icab 1 e, the f o 11 o~ng minimum information : 1 . A Boundary Survey; 2. The existing to p o g ra p hic character of the 1and ; 3. The propos e d 1 a n d use s ; 4. The 1ocation of a11 existing and propose d bui1ding s, structure s and i m p r ovem ents ; 5. The density and t ype of de~e11ings, inc1uding typica1 e1evations and showing maximum h e i g ht; 6. The major points of access to pub1ic rights-of-way , the interna1 traffi c and c i rcu1ation syste~, if app1icab1e~ off-street parking areas~ service areas, and 1oading areas; 7. The 1ocation, heig ht and size of proposed signs, fences~ 1ighting and advertising devices ~nc1uding typica1 e1evations; 8. Areas which are to be conveyed~ dedicated or reserved for pub1ic purposes, inc1uding, but not 1imited to~ parks and recreationa1 areas, schoo1s, pub1ic bui1dings, or other pub1ic purposes; 9. Areas subject to a 100-year f1ooding cyc1e; 10. A genera1 1andscape p1an ~th major types of mater~a1s designated as to purpose; 11. DesLgnation of various stages for construction, i.f app1i.cab1e. (b) Written Statement. The WTitten state- ment ~th the PLanned Deve1opment app1ication sha11 contain the fo11owing minimum information : 1. A statement of the present ownersh ~p and a 1ega1 description of a1 1 of the 1and ~c1uded in the P1anned Oeve1opment; 2. An e~p~anation of the objectives to be achieved by the deve1opment, Lnc1udLng bui1ding descriptions, sketches, or e1evatio~s as may be necessary to describe the objectives; 3. A deve1opment schedu 1e indicating the approxLmate date when construction o f the deve1opment or stag es of the deve1opme nt can be expected to begin and 4. to be comp1eted; Copies of any specia1 agreements, conveyances, restrictions, or covenants which ~11 govern the use, maintenance and protection of the deve1opment and pub1ic areas. -3- • • - - - (c) The applicant may submit any ocher ~nformation or exhibits deemed pertinent to the eva1uation of the proposed P1anned Oeve1opment. 22.4A-5. Review and Approva1 (a) Upon receipt of the app1ication~ the Department of Communit y Deve1opment sha11 be responsib1e for coord i nating the review of the deve1opment p1ans by the ~arious City departments and appropriate pub1ic agencies cu~natin g in the submission of an advisory report and recommendation to the City P1anning and Zoning Commdssion. Submission of the report and recommendations sha11 be accomp1ished ~ithin t hirt y (30) days after the fi~in g of the comp~ete app~i­ cation. A copy of the advisory report and recommen- dations sha11 be furnished to the app1icant . (b) Within thirty (30) days after having received such report. the Commission. upon proper notice. sha11 ho1d a pub1ic hearing on the app1ication. The app1icant sha11 post the property of the proposed P1anned Deve1opment. in a for,m prescribed by the Department of Co"CDDlnni..ty Deve1opment. and sha11 give written notice of the pub1ic hearing. (c) Within sixty (60) days from the date of the Pub1ic Hearing, the City P1annLng and Zoni..ng Commdssion sba11 ~ake wri..tten fLndings either approving, conditiona11y approving or disapproving the proposed p~an. A copy of said findings sh~~ be furnished to the app1icant. In the event, however, that the Com- mdssion sha11 approve or conditiona11y approve any proposed P.D. by ~ess than two-thirds (2/3) vote of its entire membership, then said P.D. sha11 not become effective but sha11 be forwarded to the City Counci1 ~thout unreasonab1e de1ay for review and fi..na1 a.pprova1 or disapprova1. The Ci..t :r Counci1 may req~ire a Pub1ic Hearing prior to the fina1 approva1 or disapprova1 of the proposed P1anned Deve1optlliiE!!nt. (d) A~1 approved site p~ans for P~anned Deve~op­ ments. inc1uding modifications or conditions, sha11 be endorsed by the Chairman of the Ci t y P1anning and ZonLng Commdssion and sha11 be recorded in the Office of the Arapahoe County C1erk and Recorder. {e) Any person app1ying to the courts for a review of any decision made under the terms of this Chapter sha~1 app~y for review within thirty (30) -4- • - - - - days after the date of decision and sha11 be required to pay the cost of preparing a transcript of pro - ceedings and the app1ication for review sha11 be in the nature of certiorari under Ru1e 106(a)(4) of the Co1orado Ru1es of Civi1 Procedure. 22 .4A-6. S t andar ds Befo re approving a P1 anned Oeve1opmen t, the approvi n g agenc y s h a 11 make written f Lnd ~g s that the P1anned Deve 1 opmen t ~11 Lmp 1ement the purposes o f t his Ordinanc e and o f t hi s C h apter, and, in addi t i o n , meet the f o 11 o~ng requirements : (a) U ses P e rmit t e d: The uses in the P1anned Dev e 1 op1Dent m u .st be ''p erurl..tted b y right'' or a p prove d as ''perurl.tte d by s pec i.a 1. revi...ew'' in the Zone D i strict in which t he P 1 anned Dev e 1.opment i s 1ocated_ (b ) The P1anned Deve1opment :Ls cons:Lstent w:Lth the intent of the Co~prehensive P1an and the po1icies therein. (c) The P1anned Deve1opment's re1ationship to its surrounding s sha11 be considered in order to avoid adverse effects to the existing and possib1e future deve1opment caused by traffic circu1ation. bui1ding height or bu1k, 1ack of screening, or intrusions of privacy . (d) M±n~um requi rements for usab1e open space ~11 be met through t h e overa11 design and amenit i es proposed for the deve1opt:nent . Private park and/or recreationa1 areas, owned in common, may be considered to meet the mi~um usab1e open space requirements if the Commission determines that such areas ~11 meet the fo11o~ng r equirements: 1-The area ~11 be o f suffic i e nt size to adequate1y serve the entire deve1opment f or wh:Lc h :Lt :Ls des:Lgned. 2. The area is accessib1e and avai1ab1e to a11 of the occupants of dwe11ing units for whose use it is intended_ 3. The area ~11 be used and is suitab1e for scenic, 1 ands caping , recreation a 1 , or a 1 1 of the a.£orementi.on.ed purposes. -5- • - - - • (e) The n~b er of off-street parking spaces in the proposed deve1opment sha11 not be 1ess than the requirements of Chapter 22.5 -5 of this Ordinance~ provided, however, that the P1anning and Zoning Co~­ mdssion may waive up to and inc1uding twenty-five (25) percent of said requirements in any zoned district. if one or more of the fo11o~ng factors are found to exist: 1. The probab1e number of automobi1es owned or used by occupants of the proposed deve1op - t:nent w-i.1.1 be 1ess than typi..ca.11y found i..n. si..mi1.ar deve1opments . 2. The parking needs of non-residentia1. uses ~1.1. 1.essen the overa1.1 parking needs of the deve1op1DIE!:n.t. 3. Varying time periods of usage by mixed uses in the deve 1 opment ~11. 1essen overa11 parking requirements. 4. The property owners ~11 participate in a mandatory parking district which ~11 adequate1y meet the off-street parking needs of the deve1opment. (f) S~te P1ann~ng : The approv~ng agency sha11 be satisfied that the site p1an for the P1anned Deve1op- ment meets a11 of the fo11o~ng requirements: 1. The P1anned Deve1op'II'Itent must be p1anned in re1ationship to the surrounding area, and ~ust be 1andscaped. In addition, the site p1an must contain a 25-foot buffer strip 2 . in any proposed deve1opment ~hich w111 inc1ude mu1tip1e fami1y or non-residentia1 bui1dings or structures which is adjacent to a sing1e fami1y residentia1 use district. The buffer strip sha11 be kept free of bui1dings or structures and must be 1and- scaped, screened, or protected by natura1 features, so that adverse effects on sur- rounding areas are minimdzed; Within the P1anned Deve1opment, spacing must be provided between bui1dLngs and structures . gi~ng consideration co their intended use, their 1ocation, design and height, the p 1 ace- DM!Dt and ex tent of facing window areas. and the topog raphy and such other natura1 features as W'i11 assure privacy and a p1ea...san.t: env-i.ron.- toent; -6- • • • • 3. 4. 5. 22.4A-7. • If the area of the deve1opment is suc h that an interna1 street circu1ation s y stem is necessary, such sys t em sha11 be designed for the type of traffic to be g enerated. A11 P1anned Deve1opme nts must have access to pub1ic stree ts. Private, interna1 streets may be permitted if t hey can be used by po1ice and fire department vehic1es for e~ergency purposes; Pedestrian ~ays must provide convenient and safe access to residentia 1 b~i1ding groups, open space areas, recreationa 1 areas, schoo1s and neighborhood shopping areas if they are a part of the P1anned Deve1opment, and must be separated as much as possib1e from vehicu1ar traffic a r eas; The site p1an sha11 provide for the maxLmum preservation of natura1 drainage areas, vegetation and other desirab1e natura1 features. Oeve1opmenc in Stages The approving agency may authorize the imp1e- mentation of the deve 1 opment p1an in stages. However. for each a~thorized stage of p1anned deve1opmenc. any private or pub1ic park area co be conve y ed. dedicated. or reserved sha11 be of sufficient size to serve the dwe11ing unit densit y for that stage or of sufficient s~ze to serve the dwe11ing unit density for the entire deve1opment_ If the conveyance. dedication or reserva- tion of the pub1ic or private park area is staged. such park area sha11 be 1ocaced in that part of the P1anned Deve1opment inc1uded in that stage. or e1se~here in the P1anned De~e1opment at a 1ocation acc_ssib1e co the dwe11Lng unit to be provided in that stage. 22.4A-8. Changes in the Deve1opment P1an E~cept as provided hereafter. no changes may be ~ade in the approved P1anned Deve1opment during its ~p1ementation: (a) ~nor changes in the 1ocation . setting, height or character of bui1dings and structures may be a~thorized by the Director of Community Deve1opment if req~ired b y engineering or othe r circ~stances not foreseen at the tLme the deve1opment program ~as approved. No change authorized by the Director of Community Deve1opment under this Section may increase the size of any bui1din g or structure by more than five (5) percent, nor change the 1ocation of any bui1ding or structure by ~ore than ten (10) feet in any direction; and provided that the Director of Commun1ty Deve1opment may not approve the re1ocation of any bui1ding or structure so that the bui1ding or structure is c1os e r to any side or front property 1ine than ~as approved on the Deve1opment P1an. -7- • • - - - (b) A11 other changes in the P1anned Develop- ment Plan, inc1uding changes in the site p1an and in the develo pmen t schedu1e, must be made under the procedures that are app1icab1e to the initia1 approval of a Planned Development. 22 .4A-9. Annual Review At 1east o n ce every twelve months, the Department of Community Development sha11 review all building permits which have been issued for the Planned Develop- ment and shall examine the construction which has taken place on the site. The Director of Community Deve1opment shall make a report of any violations of the provisions of this Chapter or of the terms and conditions of the Development Plan approval to the Planning Commission, and the Commission shall hold a hearing on the report of violations submitted by the Director, having first given written notice to the P1anned Deve1opment app1icant and a11 owners of abutting property. Upon review of the a11eged ~o1ations, the Co~ssion may, if it deems necessary, require that appropriate action be taken to remedy the vio1ations. If such action is not taken by the app1~cant with~n th~rty (30) days. or ~f the Commiss~on determines that it is necessary to amend or mod~fy the Deve1opment P1an, the Commission may amend, modify or revoke the approva1 of the Deve1opment P1an giving WTitten findings therefor. 22.4A-10. Comp1etion of the P1anned Deve1opment Upon the comp1etion of the P1anned Deve1opment, the Director of Community Deve1opment sha11 issue a certificate for the P1anned Oeve1opment certifying the comp1etion and sha11 note the issuance of the certificate on an office copy of the officia1 Zoning Map and on the Site P1an. After comp1etion, the use of 1and and the construction. modification, or a1ter- ation of any bui1dings within the P1anned Deve1opment wi11 be governed by the approved Deve1opment P1an. 22.4A-11. The City Counci1 may estab1ish a fee schedu1e for P1anned Deve1opment app1ications to cover the costs of processing and review. 22.4A-12. Approving Agency A.s used in this Chapter ... Approv:Lng Agency•• sha11 mean the C~ty P1ann~ng and Zon~ng Comm~ss~on. -8- • - ---- • • on the day of Attest: • 22 _4A-1.3_ Severabi1i.tv If any part or parts of th~s subchapter are for any reason he1d to be inva1id~ such decision sha11 not affect the va1idity of the remaining portion of th1s subchapter. Introduced~ read 1n fu11 and passed on first reading day of 1.9 72- Pub1ished as a B111 for an OrdLnance on t he 1.972_ Mayo r ex offL cLo C Lty C l.erk I,. ,. do hereby certify that the above and fore g oing is a true,. accurate a..n.d com.p1ete co~ of a Bi11 f or an Ordinance~ introduced ~ read ::l.n fu11 and passed o n first reading on t he day o f 1.9 7 2 _ ex offLcLo CLty Cl.erk -9- • •