HomeMy WebLinkAbout1976-10-04 (Regular) Meeting Agenda Packet7:30P.M.
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AGENDA FOR
THE RE AR MEETING OF THE
ENGLEWO CITY COUNCIL
OCOTOB 4, 1976
present
Women 's
To
Communications -No
(a) Minutes of
meeting of
(~ Minu
(c) Min
(d)
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a t:!:QD _ C ollllll.lss~ n
(Copies enclosed .)
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Page 2
Octo b er 4 , 1976 Agenda
4. Communications -n Recommended (Continued).
(e) Mem o randum from the irector of Finance to the
City Manager concern ng_remodeling at Arnie 's
Lounge , 467 So~ B oadWay . (Copies enclosed .)
5 . Com
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6.
(a)
(c)
(d )
(i)
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(Copies enclosed .)
Re q uest for 3.2 b~~~~
1 e v e n-S.ta.r:e_.
e n closed .)
City Attorney .
Ordinances on Final
(a)
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Page 3
October 4 , 1976 Agenda
6. City Attar (Continued).
(b) Ordinance
of Englewoo
Crane Se rvice Company
easement and temporary c
(Copies enclosed .)
(c) fixing a license tax on all
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Bills f or Ordinances .
(d )
(e)
(f)
Other Matters .
( :0---ffeq u e st
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in the busines
ente inment or
and collection
lties f o r the
opies e n closed .)
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October 4 , 1976 Agenda
7 . City
(c
the (d) Mem orandum from the Assista
C1~ r concern in ~~~~~,-~~~~~---
(Copies enclose .
(f)
8 .
9. Gene ra l Discussion .
(a) Mayor 1 s
Kar l Nollenberger
Assist ant City Manager
'
Recreation
s weepstakes
(Copies enclosed .)
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REGULAR MEETING:
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COUNCIL CHAMBER S
CITY OF EN GLEWOO D, COLORAD O
September 20, 1976
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The City Council of the City of Englewood, Arapahoe County, Colorado,
met in regular session on September 20, 1976 at 7:30 p.m.
Mayor Taylor, presiding, called the meeting to order.
The invocation was g iven by Reverend J . Stanley Fixter, Englewood
United Methodist Church, 3885 South Broadway . The Pledge of Allegiance was
led by Boy Scout Troop #92 .
Mayor Taylor a sked fo r r o l l c all. Up o n the c a l l o f the roll, the
following were present:
Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, and
Mayor Taylor.
Absent: None.
The Mayor declared a quorum present.
Also present were: City Manager McCown
Assistant City Manager Nollenberger
City Attorney Berardini
Deputy City Clerk Varner
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COUNCIUIAN ~!ANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR CITY
COUNCIL MEETING OF SEPTE~ffiER 7, 1976 . Councilman Williams seconded the
motion. Upon a call of the ro l l, the v o te resulted as follows :
Ayes: Council Members Wi ll i a ms, So vern, Sm i th, Brown, Mann,
Clayton , Taylor.
Nays : None.
The Mayor declared the mo tio n c arried .
COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE SPECIAL CITY
COUNCIL MEETING OF SEPTE~ffiER 13, 1976. Counc ilman Smith seconded the
motion . Upon a call of the roll, the v ote resulted as follows:
Ayes: Council ~tembers Williams, Sovern, Smith, Brown, Mann,
Clayton, Taylor.
Nays: None.
The Mayor declared the motion carried .
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Sep t embe r 20 , 1976
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Bill Allen , Post Commander, and Alan Rice , Junior Vice-Comma nde r,
of Veterans of Foreign Wars Pos t #322 , presen t ed a placque t o Mayo r Ta ylor
expre ssing app r ecia tion of Council 's participa tion in the Budd y Poppy Program.
* * * * * *
COUNCILMAN CLAY TON MOVED TO ALLO W GLENN SAUNDERS TO SPEAK AT TiiiS
TIME , AND TO ALLOW M. M. SUMMERS TO SPEAK AFTER WE OTHER PRE-SCHEDULED
VISITORS. Councilman Mann seconded the motion . Upon a call of the roll,
the vote re s ulted as f ollo ws :
Ayes : Council Members Williams , Severn, Smith , Brown, Mann,
Clayton, Taylo r.
Nays : None .
The May o r decla r ed th e motion ca rried.
Attorney Glenn Saunders stated tha t the United States Army Engineers
is trying to control all of the navigable water systems in the United States
under an ac t which contains many re gulations and which would require permits
for any wo rk to be done, such as on the Platte River or ~!cLellan Reservoir.
He stated that there is an amendment pending in Congress whi ch would take care
of this matter in the western states called the Wright Amendment. Mr . Saunders
noted that the act would damage the whole economy and is contrary t o the best
interests of the community. )
COUNCILMAN SOVERN MOVED TO INSTRUCT THE CITY ~lANAGER AND CITY
ATTORNEY TO SEND A TELEGRAM FOLLOWED BY A LETTER TO SENATOR HART AND TO
SEND LETTER S TO TiiE ENTIRE CONGRESSIONAL DELEG ATION EXP RESSING CITY COUNCIL'S
DESIRE FOR THE WRIGHT AMENDMENT TO BE PA SS ED. Coun c ilman ~!ann seconded the
motion . Upon a call of the roll, th e vote resulted as follows:
Ayes : Council Members Williams , Sovern , Smith , Brown, Mann,
Clayton, Taylor.
Na ys: None .
The May o r declared the motion ca rried •
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Attorney Joel Davis, l966-13th Street, Boulder, appeared represent-
ing Fiftee nth Street Corpora tion to r e quest the transfer of the liquor license
f r om En2lewood Builders Finance Corporation, d/b/a Los Arnigos Inn , 4595 So uth
Santa Fe Drive, t o Fifteenth Street Corporation. He stated that the three
principa ls involved with Fif t eenth Street Corporation a re James Karagas ,
President , Angello Karagas , Secretary-Treasurer, a nd Torn Mellos, Vi ce
President .
Attorney Ike Kaiser appeared r ep resenting the present owners of
the es tablishment, Englewood Builders Finan ce Corporation. He reviewed the
background information of this opera tion.
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SeptPmb r 20 , 1976
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Tom Mellos, 2100 Ella Street, Golden, sta ted this establishment
will be turn d into a family restaurant with meals consisting of approximately
55-607. of th bu s iness. He stated they will be open six days a week from
11:00 a.m . to 2:00a .m., and that they plan to open six to eight weeks after
the tentative closing date of October 1, 1976. Mr. Mellos further stated
that he will manage this establishment entirely .
COUNCiLMAN SOVERN MOVED TO REISSUE THE EXISTING LIQUOR LICENSE OF
ENGLEWOOD BUlLDERS FINANCE CORPORATION TO FIFTEENTH STREET CORPORATION.
Councilman Williams second ed the motion .
Co un cilman Severn pointed out that many businessmen and families
need a good restaurant open late in the evening because of busy schedules
and tTaveling.
Mr. Mellos reviewed the tentative floor plans. He stated that
the planned remodeling will cost approximately $80,000, with the outside
and parking lot to be renovated .
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Severn, Smith, Brown, Mann,
Clayton, Taylor.
Nays: None.
The Mayor declared the motion carried.
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Attorney Richard Dittemore, Sui te 870 -Continental National
Bank Building, appeared representing In terstate Leisure, Inc ., d/b/a
Funway Fr e way, con erning the propos d amusement or entertainment tax .
He stated that his client is a coin operated business and that the tax
would have to be totally absorbed by the operator because of competitive
prices in neighboring areas . Hr . Dittemore suggested an increase in the
present amusement tax, which would require payment and reporting only
once a year. Ue stated that his clien t is willing to provide off-duty
policemen if ne cessary for a well-run business . He added that this tax
is unfair upon one type of business and that its impact would not be to
the best interests of the commu nity .
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Les Howe, owner of Sport Bowl, 3295 South Broadway, stated
that the proposed amusement tax would place his business at a competitive
disadvanta ge . He stated that this tax could destroy his business and
could destroy the economic clima te in Englewood for present businessmen
and future investors.
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September 20 , 1976
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Attorney Stuart Ben nett appea red representing Gen ral Cinema
Co rpor a tion , owner and ope r a tor of Cinderella City th ea tres. He stated
tha t the proposed amusement tax would place Ge neral Cinema Corpora tion
at a com petitive disadvantage, would result in increased cos t s to Englewood
residents, a nd mi ght no t increase reve nues because shopping c ustome rs may
go elsewhere . Mr. Bennett presented a petition to City Council co ntaining
270 signatures in opposition t o the t ax .
******
Atto rney Gilbert Go ldstein a ppeared representing Bowl-0 -M at ,
I n c ., 4900 South Federal Boulevard . He presented petitions t o City Council
containing 3 ,000 signatures obtained in loca l bowling all eys , with approxi-
ma tely 800-900 signatu r es of Englewood residents, in opposition t o the
proposed amu sement tax. He pointed out that this t ax would make Eng lewood
bowlin g alleys n o ncompetitive, and that many bowlin g c ustomers f rom o ut side
the City also s hop and p ay En glewood sales t ax . Mr . Goldstein questioned
the lega lity of th is t ax , and he stated that it is ac tually a tax upon
g ross income whic h the City is prohibi t e d from passing by the constitution
of the State of Colo rado.
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Mayor Taylor declared a re cess a t 9 :00 p .m. Council reconvened
a t 9:20 p.m. Upon a call of the roll, the fo llowing were present:
Council Members Williams, Severn , Smith, Brown , Mann, Clay t o n ,
and Mayor Taylor .
Absent: None .
Mayo r Taylor declared a qu o rum present .
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M. M. Summe rs, 3140 South De laware , was present concernin g City
Coun cil 's sala ries. He stated that the Council members need a raise becaus e
they have not had an increase for over six yea r s . Mr. Summers proposed that
t he present ordinan ce be repealed and that a new ordinance be dra ~m up
appoin tin g three persons t o set these salaries •
re ceived :
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"Co mmunications -No Action Re c ommended" on the agenda were
a . Minutes of the Planning and Zoning Commission
mee tin g of August 17, 1976 .
b . Minutes of the Denver Regional Council of Gove rn-
me nts meeting of August 18, 1976.
c . Financial report for the month of August 1976.
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Septemb e r 20 , 1~76
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COUNCILMAN SO VERN MOVED TO GRANT A DRAINAGE WAY AND RETAINING
WALL ENCROACHMENT AT 3500 SOU'Dl CORONA FOR DENVER COMMERCIAL BUILDERS.
Councilman Ma nn seconded the motio n.
Assistant Ci t y Ma nager Nollenberger explained that the applicant
is requesting an e i ght foot encroachment on Ci t y property into th e South
Co r ona St r eet right-o f -w ay t o al l ow for a twelve inch drainage way and a
six i n c h retainin g wall .
Wa rren Wag o ner appeare d representing Denver Comm ercial Builders,
owners of the property at 35 00 So uth Coro na . Mr. Wagoner noted that this
is s ub jec t t o fi na l approva l by th e City En g ineers Department.
Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Williams , So vern, Smith, Brown, Mann,
Clayton, Taylor .
Nays : None .
The Mayo r de cla r ed the motion c arried.
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City ~1a nag e r Mc Co wn presented a proclamation declarinj!, September 25,
1976 as Hunting a nd Fishing Day . He also presented a proclama tion declaring
October 2 , 1976 as Englewood Town Me etin g '76 Day.
COU NCILMAN SMITH MOVED TO AUTHORIZE THE MAYOR TO SIGN BOTH OF
THES E PROCLAMATIONS . Councilman Mann seconded the motion. Upon a call of
the roll, the v o t e resulted as follows :
Ayes : Coun c il Members Williams, Sovern, Smith, Brown, Mann,
Clayton , Taylo r.
Nays: None.
The Mayo r dec lared the mo tion carried.
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City Manager McCown presented a memorandum from the Director of
Finance and the Direc tor of Parks and Recreation concerning bids for supply-
ing golf course equipment . Th e low bids received are as follows:
Item A-flail mo wer-Mitchell Equipment-$1 ,296 .75
Item B -g r eens ae rator -L. L. Johnson Distributing -$4 ,056.00
Item C -greens mower -Boyd Distributing -$3,155 .00
I tem D -fai rway tractor -Boyd Distributing-$12,089.00
Item E -turf sweeper -Boyd Distributing -$2,928 .00
I t em F-top dresser-Boyd Distributing-$1,147.00
Item G --utility trac tor-Denver East Machinery-$7 ,841.70
Item H -turf ae rator -Boyd Distributing -$1,483.00
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Se ptemb e r 20, 197 6
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COUNCILMAN BROWN MOVED TO ACCEPT THE LOW BID S AS PRESENTED FOR
THE GOLF COURSE EQUIPMENT IN TH E TOT AL AMOUNT OF $33,996 .45. Councilman
Mann sec onded the motion. Upon a cal l o f the roll, the vote resulted as
follows:
Ayes : Council Members Williams, Severn, Smith, Brown , Mann,
Clayton, Taylor .
Nays: None.
The Mayor declared t he motion carried .
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City Attorney Berardini present e d a Bill for an Ordinance levying
and fixing a tax on businesses providin>; entertainment o r amusement.
COUNCILMAN SO VERN MOVED TO POSTPONE THIS I TE}I UNTIL THE CITY
COUNCIL MEETING ON OCTO BER 4 , 1976 , PENDING EXAMINATION OF ITEMS BROUGHT
FORTH AT THIS MEETING ; AND SETTING A STUDY SESSION FOR SEPTEMBER 23 , 1976
AT 5 :00 P .M. Councilman Smi t h seconded the motion .
Councilma n Sovern stated that this tax is an effort not to h a v e
to decrease services an d also so that the City does not have t o de pend so
heavily on sales tax .
Upon a call of the r oll , the vo t e r esu lted as follo ws:
Ayes : Council Members Severn, Smith, Brown , Clayton , Taylo r .
Nays : Council Membe r s Williams , Mann .
The Mayo r declared the motion carried .
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INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS
BY AUTH ORITY
ORDINANCE NO. 46
SERIES OF 1976
AN ORDINANCE AMENDING CHAPTER 5 , TITLE I (ADMINISTRATION) OF THE 1969
ENGLEWOOD MUNICIPAL CODE BY CREATING THE DEPARTI1ENTS OF 'WASTEWATER
TREATIIENT' AND 'ENGINEERING SERVICES '; ESTABLISHING DEPARTMENT HEADS
THEREFORE, AND DEFINING THE DUTIES THEREOF .
COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO . 46, SERIES OF
1976 , ON FINAL READING . Councilman Seve rn second e d the mo t ion . Upon a
call of the roll , the vote res u lted as follows :
Ayes: Council Members Williams , Se v e rn, Smith , Brown , Clayton ,
Taylor .
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September 20, 1976
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Nays: Co un c il Member Mann.
The Mayor declared the motion carried .
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INTRODUCED AS A BILL BY COUNCIUIAN SHITH
A BILL FOR
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO,
THE CITY OF LITTLETON, COLORADO, AND MOTOR CRANE SERVICE CO . RELATING TO A
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT .
COUNCILMAN SHI TH MOVED TO PASS ON FIRS T READING A BILL FOR AN
ORDINANCE APPROVING AN AGREEMENT BETWE EN THE CITY OF ENGLEWOOD , COLORADO,
THE CITY OF LITTLETON, COLORADO , AND MOTOR CRANE SERVICE CO. RELATING TO
A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT . Councilman Brown
seconded the motion . Upon a call of th e roll, the vote resulted as follows :
Ayes: Council Member s Willia ms , Sovern, Smith, Brown, Mann ,
Clayton, Taylor.
Nays: None .
The Mayor declared the motion carried .
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INTRO DUCED AS A BILL BY COUNCIL}IAN SOVERN
A BILL FOR
AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5 , CHAPTER 4, TITLE XV , OF
THE 1969 ENGLEWOOD ~illNICIPAL CODE, AS AMENDED , BY INCREASING SEWER TAP FEES
AND INCRE ASIN G THE COST OF SEWER MAIN EXTENSIONS , WITHIN THE IN DUSTRIAL
AND CO~ffi RCIAL AREAS, BOTH INSIDE AND OUTSIDE , THE CORPORATE LIMITS OF THE
CITY OF ENGLEI-lOOD .
COUNCIL~IAN SOVERN MOVED TO PASS ON FIRST READING A BILL FOR AN
ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF
THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED , BY INCREASING SEWER TAP
FEES AND INCREASING THE COST OF SEWER ~lAIN EXTENSIONS, WITHIN THE INDUSTRIAL
AND CO~~ffiRCIAL AREAS, BOTH INSIDE AND OU TSIDE, THE CORPORATE LIMITS OF THE
CITY OF ENGLEWOOD . Councilman Smith seconded the motion . Upon a call of
the roll, the vo te resulted as follows :
Ayes: Council Members Williams, Sovern, Smith , Brown, Mann,
Clayton, Taylor .
Nays: None .
The Mayor declared the motion carried.
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September 20, 1976
Page 8
RESOLUTION NO. 45 , SERIES OF 1976
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A RESOLUTION APPOINTING MARTIN P . MILLER AS SPECIAL COUNSEL, FOR THE PURPOSE
OF HEARIN G EVIDENCE OF ALLEGED VIOLATIONS OF THE COLORADO LIQUOR CODE BY
KENNETH E . CHANDLER D/B/A BACK DOOR DISCOUNT LI QUORS AT 5450 SOUTH BROADWAY,
ENGLEWOOD, COLORADO, ON OCTOBER 11, 1976.
COUNCIL~~N MANN MOVED TO PASS RESOLUTION NO. 45, SERIES OF 1976.
Coun cilman So vern seconded the motion. Upo n a cal l of the roll , the vote
resulted as follows:
Ayes: Council Memb ers Williams, Sovern , Smith , Brown , Mann ,
Clayton, Taylor.
Nays: None.
The Mayor declared th e motion carried .
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RESOLUTION NO. 46, SERIES OF 1976
A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE
STATE DEPARTMENT OF HIGHWAYS , DIVISION OF HIGHWAYS , STATE OF COLORADO ,
RELATING TO FEDERAL AID URBAN SYSTEM PROJECT M-7354(2), DARTMOUTH AVENUE
FROM DELAWARE STREET TO LOGAN STREET , CITY OF ENGLEWOOD .
COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO . 46 , SERIES OF
1976 . Councilman ~~n n seconded the motion . Upon a call of the roll , the
vote resulted as follows :
Ayes : Council Members Williams, Sove r n, Smith, Brown , Mann,
Clayton, Taylor.
Nay s: None .
The May o r dec lared the motion carried .
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City Manager McCown present ed a memorandum from the Assistant
City Manager concerning Council meeting nights. Mr. McCown noted that
the problems involved with changing Council meetings from Monday nights
revolve around meeting nights of other boards and commissions and
publica tion deadlines. After discussion, Mayor Taylor ruled that this
matter be dropped •
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City Manager McCown presented a memorandum from the Director of
Public Works concerning the traffic problem on East Floyd Avenue in the
vic inity of Romans Park. This memorandum recommends that a concentrated
speeding enforcement effort be made by the Police Department and that
pedestrian crossings be installed only if this is no t effective.
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Se pt Pmber 20 , I " 76
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COUNCILMAN SMITH MOVED TO CONCUR WITH THE RECOMMENDATION OF AN
INTEN SIFIED ENFORCE~lliNT EFFORT ON EAST FLOYD AVENUE, AND THAT THE RESUL TS
BE REVIEWED. Councilman So ve rn seconde d the mo tion . Upon a call of the
roll, th e vote r esul t ed as follows:
Ayes: Council Members Williams , Severn, Smith, Brown, Mann,
Clayton , Taylor .
Nays: None .
The Mayor declared the motion carried .
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City Man age r McCown presented a memorandum concerning reallocation
of funds for e xpansion of th e libra r y . He explained that Congress has
approve d a special Public Works Bill in the amount of $2 billion with
priority to be given to those projects that are ready to go to bid and
which ca n achieve labor on site as soon as possible. He stated that this
Public Works Bill provides for 100% federal f undin g of approved projects.
RESOLUTION NO. 47 , SERIES OF 1976
A RESOLUTION APPROPRIATING FUNDS IN THE PUB LIC IMPROVEMENT FUND .
COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO . 47 , SERIES OF
19 76 . Coun c ilman Brown s econded the motion . Upon a call of the roll , the
vote resulted a s foll ows:
Ayes: Council Members Wil liams , Severn , Smith , Brown, Mann,
Clayton, Taylo r .
Nays: Non e .
The May o r declared th e motion ca rrie d.
CO NCILMAN SNITH MOVED TO AUTHORIZE THE FILING OF THE APPLICATIONS
FOR THE PUBLIC WORKS BILL PROJECTS; TO SUBSCRIBE TO TH E UNDERSTANDINGS OF
ASSURANCES CON TAINED lN THEM ; TO AUTHORIZE THE CITY MANAGER TO ACT AS THE
CITY 'S REPRESENTATIV E IN CONNECTION WITH THE APPLICATIONS ; AND THAT THE
FOLLOWING PROJECTS BE APPLIED FOR : (1) LIBRARY EXPANSION, (2) CITY HALL
REMODELING OF COUNCIL CHAMBERS , (3) PAVING OF CLARKSON FROM U.S .285 TO
BELLEVIEW , (4) EXP ANSION OF FIRE TRAINING FACILITY , (5) BROADWAY WIDENING
FROM YALE TO FLOYD , (6) BROADWAY BEAUTIFICATION PROGRAM, (7) LEHOW BRIDGE,
(8) PLATTE RIVER AND LITTLE DRY CREEK BRIDGE , (9) REHABILITATION OF 12 INCH
BROADWAY WAT ER LINES, (10) REPLACEMENT OF WATER LINES , AND (11) RELOCATION
OF McLELLAN PUMP STATION . Councilman Se vern seconded the motion. Upon a
ca ll of the roll, the vote resulted as follows:
Ayes : Council Me mbers Williams , Sovern , Smith, Brown, Mann,
Clayton , Taylo r.
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September 20 , 1976
Page 10
Nays: None .
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The Mayor declared the motion carried.
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Councilman Sovern stated that he had been co ntacted by a Sheridan
City Council member concerning a joint paving district fo r Zuni Street from
Dartmouth Avenue south . He requested that the staff look into this matter.
Councilman Sovern noted that DRCOG is presently looking at
legislation concerning water consumption .
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Mayor Taylor announced that there will be no Mayor 's Coffee on
September 23 , but that there will be a trip on that day to the Ranch
Creek project near Fraser, Colorado.
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COUNCILMAN BROWN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE
A BILL FOR AN ORDINANCE PROVIDING FOR COUNCIL SALARIES AS FOLLOWS : MAYOR -
$250; MAYOR PRO TEM -$225; COUNCIL MEMBERS -$200 . Councilman Mann
seconded the motion. Upon a call of the roll, the vote resulted as follows :
Ayes: Council Members Williams, Smith, Brown, Mann , Clay t on .
Nays: Council Members Sovern, Taylor.
The Mayor declared the motion carried .
******
Mayor Taylor adjourned the City Council meeting at 11:12 p .m •
Deputy City Clerk
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REGULAR MEETING:
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
September 20, 1976
I fl.
The City Council of the City of Englewood, Arapahoe County, Colorado,
met in regular session on September 20, 1976 at 7:30 p .m.
Mayor Taylor, presiding, called the meeting to order.
The invocation was given by Reverend J. Stanley Fixter, Englewood
United Methodist Church, 3885 South Broadway. The Pledge of Allegiance was
led by Boy Scout Troop #92 .
Mayor Taylor asked for roll call. Upon the call of the roll, the
following were present :
Council Members Williams, Severn, Smith, Brown, Mann, Clayton, and
Mayor Taylor.
Absent: None.
The Mayor declared a qu orum present .
Also present were: City Manager McCown
Assistant City Manager Nollenberger
City Attorney Berardini
Deputy City Clerk Varner
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COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR CITY
COUNCIL MEETING OF SEPTE~ffiER 7, 1976 . Councilman Williams seconded the
motion . Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Severn, Smith, Brown, Mann,
Clayton , Taylor .
Nays: None.
The Mayor declared the motion carried •
COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE SPECIAL CITY
COUN CIL MEETING OF SEPTEMBER 13, 1976. Councilman Smith seconded the
motion . Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann,
Clayton, Taylor.
Nays: None.
The Mayor declared the motion carried.
******
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September 20, 1976
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Bill Allen, Post Commander, and Alan Rice, Junior Vice-Commander,
of Veterans of Foreign Wars Post #322, presented a placque to Mayor Taylor
expressing appreciation of Council 's participation in the Buddy Poppy Program.
* * * * * *
COUNCILMAN CLAYTON MOVED TO ALLOW GLENN SAUNDERS TO SPEAK AT THIS
TIME, AND TO ALLOI-1 M. M. SUMMERS TO SPEAK AFTER THE OTHER PRE-SCHEDULED
VISITORS . Councilman Mann seconded the motion . Upon a call of the roll,
the vote resulted as follows :
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann,
Clayton, Taylor.
Nays: None .
The Mayor declared the motion carried.
Attorney Glenn Saunders stated that the United States Army Engineers
is trying to control all of the navigable water systems in the United States
under an act which contains many regulations and which would require permits
for any work to be done, such as on the Platte River or McLellan Reservoir .
He stated that there is an amendment pending in Congress which would take care
of this matter in the western states called the Wright Amendment . Mr. Saunders
noted that the act would damage the whole economy and is contrary to the best
interests of the community.
COUNCILMAN SOVERN MOVED TO INSTRUCT THE CITY MANAGER AND CITY
ATTORNEY TO SEND A TELEGRAM FOLLOWED BY A LETTER TO SENATOR HART AND TO
SEND LETTERS TO THE ENTIRE CONGRESSIONAL DELEGATION EXPRESSING CITY COUNCIL'S
DESIRE FOR THE WRIGHT AMENDMENT TO BE PASSED. Councilman Mann seconded the
motion . Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann,
Clayton, Taylor .
Nays: None.
The Mayor declared the motion carried •
* * * * * *
Attorney Joel Davis, 1966-13th Street, Boulder, appeared represent-
ing Fifteenth Street Corporation to request the transfer of the liquor license
from Enelewood Builders Finance Corporation, d/b/a Los Amigos Inn, 4595 South
Santa Fe Drive, to Fifteenth Street Corporation. He stated that the three
principals involved with Fifteenth Street Corporation are James Karagas ..
President, Angello Karagas, Secretary-Treasurer, and Tom Mellos, Vice
President.
Attorney Ike Kaiser appeared representing the present o~1ers of
the establishment , Englewood Builders Finance Corporation. He reviewed the
background information of this operation.
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September 20, 1976
Page 3
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Tom Mellos, 2100 Ella Street, Golden, stated this establishment
will be turned into a family restaurant with meals consisting of approximately
55-60% of the business. He stated they will be open six days a week from
11:00 a.m. to 2:00 a .m., and that they plan to open six to eight weeks after
the tentative closing date of October 1, 1976 . Mr. Mellos further stated
that he will manage this establishment entirely.
COUNCILMAN SOVERN MOVED TO REISSUE THE EXISTING LIQUOR LICENSE OF
ENGLEI~OOD BUILDERS FINANCE CORPORATION TO FIFTEENTH STREET CORPORATION.
Coun c ilman Williams seconded the motion.
Councilman Sovern pointed out that many businessmen and families
need a good restaurant open late in the evening because of busy schedules
and traveling.
Mr. Mellos reviewed the tentative floor plans. He stated that
the planned remodeling will cost approximately $80,000 , with the outside
and parking lot to be renovated.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann,
Clayton, Taylor.
Nays: None.
The Mayor declared the motion carried.
* * * * * *
Attorney Richard Dittemore, Suite 870 -Continental National
Bank Building, appeared representing Interstate Leisure, Inc., d/b/a
Funway Freeway, concerning the proposed amusement or entertainment tax.
He stated that his client is a coin operated business and that the tax
would have to be totally absorbed by the operator because of competitive
prices in neighboring areas. Mr. Dittemore suggested an increase in the
present amusement tax, which would require payment and reporting only
once a year . He stated that his client is willing to provide off-duty
policemen if necessary for a well-run business. He added that this tax
is unfair upon one type of business and that its impact would not be to
the best interests of the communi ty.
* * * * * *
Les Howe, owner of Sport Bowl, 3295 South Broadway, stated
that the proposed amusement tax would place his business at a competitive
disadvantage. He stated that this tax could destroy his business and
could destroy the economic climate in Englewood for present businessmen
and future investors.
******
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Page 4
Attorney Stuart Bennett appeared representing General Cinema
Corporation, owner and operator of Cinderella City theatres. He stated
that the proposed amusement tax would place General Cinema Corporation
at a competitive disadvantage, would result in increased costs to Englewood
residents, and might not increase revenues because shopping c ustomers may
go elsewhere. Mr. Bennett presented a petition to City Council containing
270 signatures in opposition to the tax.
******
Attorney Gilbert Goldstein appeared representing Bowl-0-Mat,
Inc., 4900 South Federal Boulevard . He presented petitions to City Council
containing 3,000 signatures obtained in local bowling alleys, with approxi-
mately 800-900 signatures of Englewood residen ts, in opposition to the
proposed amusement tax. He pointed out that this tax would make Englewood
bowling alleys noncompetitive, and that many bowling customers from outside
the City also shop and pay Englewood sales tax. Mr. Goldstein questioned
the legality of this tax, and he stated that it is actually a tax upon
gross income which the City is prohibited from passing by the constitution
of the State of Colorado .
******
Mayor Taylor declared a recess at 9:00 p.m. Council reconvened
at 9:20p.m . Upon a call of the roll, the following were present :
Council Members Williams, Severn, Smith, Brown, Mann, Clayton,
and Mayor Taylor.
Absent : None .
Mayor Taylor declared a quorum present.
******
M. M. Summers, 3140 South Delaware , was present concerning City
Council 's salaries. He stated that the Council members need a raise because
they have not had an increase for over six years. Mr . Summers proposed that
the present ordinance be repealed and t h at a new ordinance be drawn up
appointing three persons to set these salaries .
received :
******
"Communications -No Action Recommended" on the agenda were
a. Minutes of the Planning and Zoning Commission
meeting of August 17, 1976.
b. Minutes of the Denver Regional Council of Govern-
ments meeting of August 18, 1976.
c. Financial report for the month of August 1976.
******
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Page 5
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COUNCILMAN SOVERN MOVED TO GRANT A DRAINAGE WAY AND RETAINING
WALL ENCROACHMENT AT 3500 SOUTH CORONA FOR DENVER COMMERCIAL BUILDERS.
Councilman Mann seconded the motion.
Assistant City Manager Nollenberger explained that the applicant
is requ es ting an eight foot encroachment on City property into the South
Corona Street right-of-way to allow for a twelve inch drainage way and a
six inch retaining wall.
Warren Wagoner appeared representing De nver Commercial Builders,
owners of the property at 3500 South Corona. Mr. Wagoner noted that this
is subject to final approval by the City Engineers Department.
Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Williams, Sovern, Smith, Brown, Mann,
Clayton, Taylor.
Nays: None .
The Mayor declared the motion carried .
******
City Manager McCown presented a proclamation declaring September 25,
1976 as Hunting and Fishing Day. He also presented a proclamation declaring
October 2 , 1976 as Englewood Town Meeting '76 Day.
COUNCILMAN SMITH MOVED TO AUTHORIZE THE MAYOR TO SIGN BOTH OF
THESE PROCLAJ~TIONS . Councilman Mann seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes : Council Members Williams, Severn, Smith, Brown, Mann,
Clayton, Taylor.
Nays: None.
The Mayor decla red the motion carried .
******
City Manager McCown presented a memorandum from the Director of
Finance and the Director of Parks and Recreation concerning bids for supply-
ing golf course equipment. The low bids received are as follows:
Item
Item
Item
I tem
Item
Item
Item
Item
A -
B -
c -
D -
E -
F -
G -
H -
. -
flail mower -Mitchell Equipment -$1,296 .75
greens aerator -L. L. Johnson Distributing -$4,056.00
greens mower -Boyd Distributing -$3,155.00
fairway tractor -Boyd Distributing -$12,089.00
turf sweeper -Boyd Distributing -$2,928.00
top dresser -Boyd Distributing -$1,147.00
utility tractor-Denver East Machinery-$7,841.70
turf aerator -Boyd Distributing -$1,483.00
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COUNCILMAN BROWN MOVED TO ACCEPT THE LOW BIDS AS PRESENTED FOR
THE GOLF COURSE EQUIPMENT IN THE TOTAL AMOUNT OF $33,996 .4 5 . Councilman
Mann seconded the motion. Upon a call of the roll, the vote resulted as
follows :
Ayes: Council Members Williams, Sovern , Smith, Brown, Mann,
Clayton, Taylor .
Nays: None.
The Mayor declared the motion carried.
******
City Attorney Berardini presented a Bill for an Ordinance levying
and fixing a tax on businesses providing e ntertainment or amusement .
COUNCILMAN SOVERN MOVED TO POSTPONE THIS ITEM UNTIL THE CITY
COUNCIL MEETING ON OCTOBER 4, 1976, PENDING EXAMINATION OF ITEMS BROUGHT
FORTH AT THIS MEETING; AND SETTING A STUDY SESSION FOR SEPTEMBER 23, 1976
AT 5:00 P .M. Councilman Smith seconded the motion.
Councilman Sovern stated that this tax is an effort not to have
to decrease services and also so that the City does not have to depend so
heavily on sales tax .
Upon a call of the roll , the vote resulted as follows :
Ayes: Council Members Sovern, Smith, Brown, Clayton, Taylor.
Nays: Council Members Williams, Mann .
The Mayor declared the motion carried .
******
INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS
BY AUTHORITY
ORDINANCE NO . 46
SERIES OF 1976
AN ORDINANCE AMENDING CHAPTER 5, TITLE I (ADMINISTRATION) OF THE 1969
ENGLEWOOD MUNICIPAL CODE BY CREATING THE DEPARTMENTS OF 'WASTEWATER
TREAT}ffiNT ' AND 'ENGINEERING SERVICES'; ESTABLISHING DEPART}ffiNT HEADS
1~EREFORE, AND DEFINING THE DUTIES THEREOF.
COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 46, SERIES OF
1976, ON FINAL READING. Councilman Sovern seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton,
Taylor.
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September 20 , 1976
Page 7
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Nays : Counci] Mem ber Mann.
The Mayor declar e d the motion carried .
* * * * * *
INT RODUCED AS A BILL BY COUNCILMAN SMITH
A BILL FOR
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO ,
THE CITY OF LITTLETON, COLORADO, AND MOTOR CRANE SERVICE CO. RELATING TO A
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT.
COUNCILMAN SMITH MOVED TO PASS ON FIRST READING A BILL FOR AN
ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO,
THE CITY OF LITTLETON, COLORADO, AND MOTOR CRANE SERVICE CO. RELATING TO
A PERMANENT EA SEMENT AND TEMPORARY CONSTRUCTION EASEMENT . Councilma n Brown
seconded the motion. Upon a call of the roll, the vote resulted as follows :
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann,
Clayton, Taylor.
Nays: None.
The Mayor declared the motion carried.
* * * * * *
INTRODUCED AS A BILL BY COUNCILMAN SOVERN
A BILL FOR
AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF
THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY INCREASING SEWER TAP FEES
AND INCREASING THE COST OF SEWER MAIN EXTENSIONS, WITHIN THE INDUSTRIAL
AND COMMERCIAL AREAS, BOTH INSIDE AND OUTSIDE, THE CORPORATE LIMITS OF THE
CITY OF ENGLEWOOD .
COUNCILMAN SOVERN MOVED TO PASS ON FIRST READING A BILL FOR AN
ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF
THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY INCREASING SEWER TAP
FEES AND INCREASING THE COST OF SEWER MAIN EXTENSIONS, WITHIN THE INDUSTRIAL
AND CO~ffiRCIAL AREAS, BOTH INSIDE AND OUTSIDE, THE CORPORATE LIMITS OF THE
CITY OF ENGLEWOOD. Councilman Smith seconded the motion. Upon a call of
th e roll, the vote resulted a s follows:
Ayes: Coun cil Members Williams, Sovern, Smith, Brown, Mann,
Clay t o n, Taylor.
Nays: None •
The ~wyor declared the motion carried.
* * * * * *
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Page 8
RESOLUTION NO. 45 , SERIES OF 1976
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A RESOLUTION APPOINTING MARTIN P. MILLER AS SPECIAL COUNSEL, FOR THE PURPOSE
OF HEARING EVIDENCE OF ALLEGED VIOLATIONS OF THE COLORADO LIQUOR CODE BY
KENNETH E. CHANDLER D/B/A BACK DOOR DISCOUNT LIQUORS AT 5450 SOUTH BROADWAY ,
ENGLEWOOD, COLORADO, ON OCTOBER 11, 1976.
COUNCILMAN MANN MOVED TO PASS RESOLUTION NO . 45, SERIES OF 1976 .
Councilman Sovern seconded the motion . Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Williams, Sovern , Smith, Brown, Mann,
Clayton, Taylor.
Nays : None.
The Mayor declared the motion carried.
* * * * * *
RESOLUTION NO. 46, SERIES OF 1976
A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE
STATE DEPARTMEN T OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO,
RELATING TO FEDERAL AID URBAN SYSTEM PROJECT M-7354(2), DARTMOUTH AVENUE
FROM DELAWARE STREET TO LOGAN STREET, CITY OF ENGLEWOOD.
COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 46 , SERIES OF
1976. Councilman Mann seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann,
Clayton, Taylor.
Nays: None.
The Mayor declared the motion carried.
* * * * * *
City Manager McCown presented a memorandum from the Assistant
City Manager concerning Council meeting nights. Mr. McCown noted that
the problems involved with changing Council meetings from Monday nights
revolve around meeting nights of other boards and commissions and
publica tion deadlines. After discussion, Mayor Taylor ruled that this
matter be dropped.
* * * * * *
City Manager McCown presented a memorandum from the Director of
Public Works concerning the traffic problem on East Floyd Avenue in the
vicinity of Romans Park . This memorandum recommends that a concentrated
speeding enforcement effort be nmde by the Police Department and that
pedestrian crossings be installed only if this is not effective.
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Page 9
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COUNCILMAN SMITH MOVED TO CONCU R WITH THE RECOMMENDATION OF AN
INTENSIFIED ENFO RCEMENT EFFORT ON EAST FL OYD AV ENUE , AND THAT THE RESULTS
BE REVIEWE D. Cou n cilman So ve rn s e c onded th e mot ion . Upon a call of the
r oll , t he vote resulted as follows:
Aye s: Co un c i l Mem b e rs Williams, Sove rn, Smith , Br own, Ma nn,
Cl ay t o n, Ta ylor.
Nays: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Mc Cown presented a memorandum concerning reallocation
of f unds for expansion of the library . He explained that Congress has
approved a special Public Works Bill in the amount of $2 billion with
priority to be g ive n to those projects that are ready to go to bid and
which can achieve labor on site as soon as possible. He stated that this
Publi c Wo rks Bill provides for 100% federal funding of approved projects.
RESOLUTION NO. 47, SERIES OF 1976
A RESOLUTION APPROPRIATING FUNDS IN THE PUBLIC IMPROVEMENT FUND.
COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO . 47, SERIES OF
1976 . Councilman Brown seconded the motion . Upon a call of the roll, the
vot e r e sulted as follows :
Ayes : Council Members Williams, Sovern, Smith, Brown , Mann,
Clayton, Taylor .
Nays: None .
The Mayor declared the motion carried .
COUNCILMAN SMITH MOVED TO AUTHORIZE THE FILING OF THE APPLICATIONS
FOR THE PUBLIC WORKS BILL PROJECTS; TO SUBSCRIBE TO THE UNDERSTANDINGS OF
ASSURANCES CONTAINED IN THEM; TO AUTHORIZE THE CITY MANAGER TO ACT AS THE
CITY 'S REPRESENTATIVE IN CONNECTION WITH THE APPLICATIONS; AND THAT THE
FOLLOWING PROJECTS BE APPLIED FOR : (1) LIBRARY EXPANSION, (2) CITY HALL
REMODELING OF COUNC I L CHAMBERS, (3) PAVING OF CLARKSON FROM U.S .285 TO
BELLEVIEW, (4 ) EXP ANS ION OF FIRE TRAINING FACILITY, (5) BROADWAY WIDENING
FROM YALE TO FLOYD, (6) BROADWAY BEAUTIFICATION PROGRAM, (7) LEHOW BRIDGE,
(8) PLATTE RI VER AND LITTL E DRY CREEK BRIDGE, (9) REHABILITA TION OF 1 2 INCH
BROADWAY WA TE R LI NES, (10) REPLACEMENT OF WATER LINES, AND (11) RELOCATION
OF McLE LLAN PUMP ST ATION. Councilman Sovern seconded the motion . Upon a
ca ll of the roll, the vote resulted as follows:
Ayes: Coun c il Memb e rs Williams, Sovern, Smith, Brown, Mann,
Clay ton, Taylo r.
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Nays: None.
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The Mayor declared the motion carried.
* * * * * *
Councilman Sovern stated that he had been contacted by a Sheridan
City Council member concerning a joint paving district for Zuni Street from
Dartmouth Avenue south. He requested that the staff look into this matter.
Councilman Sovern noted that DRCOG is presently looking at legislation concerning water consumption.
* * * * * *
Mayor Taylor announced that there will be no Mayor's Coffee on
September 23, but that there will be a trip on that day to the Ranch Creek project near Fraser, Colorado.
* * * * * *
COUNCILMAN BROWN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE
A BILL FOR AN ORDINANCE PROVIDING FOR COUNCIL SALARIES AS FOLLOWS: MAYOR -
$250; MAYOR PRO TEM -$225; COUNCIL MEMBERS -$200. Councilman Mann
seconded the motion . Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Smith, Brown, Mann, Clayton.
Nays : Council Members Sovern, Taylor.
The Mayor declared the motion carried.
* * * * * *
Mayor Taylor adjourned the City Council meeting at 11:12 p.m.
Deputy City Clerk
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City of Englewood
From the Office of the Mayor
James L . Taylor '3ioo S. Elatl St reet
Englewood , Colorado 801 10
Phone (303) 761-1140
P R 0 C L A M A T I 0 N
WH EREAS , the Englewood Business and P ro f essi onal
Women's Clu b and Engl ewood Centen n ia l Business and Professional
Wom en 's Club strive to elevate the standards for wom e n in
busine ss and in the ir p rofessions , as well as to p r omo te the
interest of bu siness and professi onal wom en ; and
WHEREAS, the Clubs stri v e to bring about a spirit
of cooperation am ong busin ess and professional wom en of the
United States, and extend opportunities to bus i n ess and
professional wom en through education along the lines of
industrial, scientific and vocational activities.
NOW, THER EFORE , I, JAM ES L. TAYLOR, Mayo r of the
City of Engl ewood, Colorado , d o hereby proclaim the week of October 17 -23, 1976, as
NA TIONAL BUSINESS AND PROF'ESSIONAL WO l-lEN'S WEEK
in the City of Englewood, Colo rado , and urge all citizens to
joi n in the observance by g i v ing their support to the Clu bs
and their me mb e rs , n ot only du ring th is week , but throu gh the weeks th at follow.
1976 . GIVEN UNDER MY HAND and S EAL th is 4th day of Octobe r ,
A'I'T ES 'l':
~~-~~~-:------·----·-ex off ic i o Ki t y Clerk -Tre a s ur er
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nhfl•••"' •mwnont•f'll 10 "'ttiCie /1. Of Tne ~t,..OftlflfUfi On Of tne ~flf8 Of \.OIOTIGO
-----·~· Major Provisions. No new or increased tax could be instituted by th e state or local government without
pnor appro' al at a general or specia l e lection by a majority of the registered electorate . A tax is defi ned as any means by
which wealth is transferred from a person to any level of government . Any existi ng t ax would be valid on ly at the extent
and rates presently being &mposed .
th ose in FAVOR say
-uu IS hroad/\1 d~jmed to ir~sur~ th t people who pay lir e
wxe ~ a strong imptlC I o n how th e y are to be s pent .
-requiring a majority of th e regis tered ''o ters to approve
Cl tax would limit eltctioti S 10 broad , popular iss ues . and
wo uld force government to re-o rder its priorities and get
out of mcmy of the a reas it is presently involved in .
-nationally grow th in governme nt continues to exceed
growth in th e private sector and this would deltr g rowtll
a nd c urtail govern m e nt spending .
-le gislator> would be fo rced to establish real fisca l prior-
ities which wo uld be accepted by a majorit y of the eltc-
toratt'.
th ose OPPOSED say
-rhi 'f violatt>s th e fundamental pri ncipl~s of representati v~
government since almost all legislation would have to go
10 a vo te of the peo ple .
-ril e amendment is broad , vague. and confusin g. It could
require ele ction s on suc/1 issues as golf and swimming fees ,
sc hool lun ch charges. and fines for law violations , as well
as majo r taxes .
-the requirement of elec tio ns for all new or increased ta.xtl
would be so time consuming tha t governmen t could not
discharge its responsibilities in an orderly fashion . Co n-
ducting s pecitll elec tions is costly .
-requirin g ra;c es 10 be approved by a majority of all regis-
tere d voters , rather than just a majorit y of those voting,
m ea n.< that all pro posals would fail when ••o ttr turnout was
le ss than 50 per unt.
The LEAGUE OF WOMEN VOTERS is a non-partisan orgenization whose purpo>e is to promote
political re>ponsi b ili t y t hrough infor med and active part icipatio n of citizens in governme nt.
Copyright leo g ue of Women Vote rs of Colorado J976
~~ ···~ BALLOT . ··1.~
Le ague of Women Vo ters 19 7 6
COLORADO ISSUES n November 2
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how il's floae
luues ••• pl•c•d on the b•llot by -
In itiative-a proposal by ci tizens who h ave gathered re-
quired number of sign a tures ( 8 % of total number
of votes cast for Secretary of State ).
Refere ndum-a proposa l by the Legislature which is re -
ferred t o citizens for a vote .
luues •ppe•ring on the b•llot .,. of two types -
Amendments to State Constitution-amendments may
be referred to the voters by a ¥.! 's vote of members
of both the House of Representatives a nd Senate or
may be proposed by citizens using the initiative
process. Only the VOTERS (not the Legislature )
can change the Con stitution .
Amendments to the Colorado Revised Statutes (that
body of written law other than State Constitution )
-statutes, including those approved by the voters,
ma y be c ha nged by le gislators.
the issues • • •
I SwEEPSTAKES
Referred slot.,.. OIMnd ing Coloroclo Rev lsecl Stotutes.
-. Major Provisions. Allows the Colorado Racing Commiss ion to co ndu ct a sweepstakes in conjunction with
horse and dog races . Forty·five per cent of the net proceeds from the .ale of tickets (max imum price of $3 ) would go to
holde rs of winning tickets. and any profit remaining after all expenses would go to the state's Conserva tion Trust Fund to
be di stribu ted to counties and municipalit ies on the basi• of population for new park, recreation and conservation sites .
those in FAVOR say those OPPOSED say
-sta t~ governm~nt should not foster gamblin g. -additio nal funding is needed for th ~ C o nservation Trust
Fund. -experience in other states lras shown that a sweepstakes is
-non·ruident.r buy ing tic k~ts would h elp s uppo rt the Fund. an und~pendabl~ m~thod o f rai<in g r~v ~nu~.
-a sw~eps ta kts is voluntary and an easy way to supplement
state reve nue.
-the statute is \'ague and it is unknown how muc h profit,
if any. would be left for th~ Conurvation TruJt Fund.
2 MoBILE HoME TAxATION
Referred •mendment to Article X of the Conatitvtion of the St•t• of Color•clo .. ,, _ _.. __ ,.....,.._,_,,., .. ,,.,.,,.,,_, ----
......,._ Major Provisions. Deletes mobile homes from taxation under the spec ific ownership tax applicable to motor
vehicles and requires the General Asse mbl y to provide by law a method for taxi ng them . Recrea ti onal veh icles, defined by
law as th ose sma ller tha n 8 ft. by 32 ft ., would contin ue to be taxed under the specific owne rship tax.
those in FAVOR say
-m o bile homes ar~ a type oj permanent residence. similar
to con ven tio nal homes , and should b~ ta xed similarly .
-taxes could be proratrd if the h o m~ is sold durin g th~
year , under a n ew law.
-if th~ l~gislature ~s tablishu propaty taxes for mobil~
ham-s. tl1e tax ra t~s would mar~ acc urat~ly reflect the vary-
ing tax raus in ~ach co u111y, wllich support local cos t< and
s~rvices .
t hose OPPOSED say
-this amendment does nnt conta ift a new method of taxing
m o bile h o mes and n~w . fair l~gi.rlation will be d ifficult to
wr it~.
-new le gislatio n could irzcreas~ taxes for mobile h o m~ own-
"'· many of whom ar~ already on limited or fix~d incomes.
-there could be a y~a r 's dday in r~v tnu~ to local govun-
m~nts du~ to th e la g b~twun curr~nt collution dolts and
impllmtntation of n~w legislation .
3 NucLEA R PowER
tn itioted omendmont to Article XVIII of tho Constitution of the Stole of Colorodo ...........
......,._ Major Provisions. Requires a pprov a l by two·thirds of each house of the Colorado General Asse mbl y for con-
struction or modificat ion of any future nucle ar power plant or facility in the state. Requires the General Assembly to con-
duct extensive state·wide public hea r ings before taking the votes . Requires waiver of federally imposed limits on the liability
for damage resulting from th e operation of any nuclear plant.
those in FAVOR say those OPPOSED say
-nucl~ar powu d~cision.r sho uld not b~ l~ft tntir~ly to -th~ sul><titution of politicians for t~chnical u~rtJ as
scientists , but should be carefully considu~d by th~ el~cttd judg~s o f nucl~ar iss u ~• would ut a danguous prec~d~nr .
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representa tives oj the pe ople.
-a major accident in a nuclear po wer plant could release
significant amounts o f radioacti\•c material.r. endarJg erin g
all fo rms of /if~.
-tlr~ owners' limi t~d liability ro pay for damag~ from radio-
activity places the burden of costs on the victims. This
amtndment would rtquirt full comp~rrsatiorr .
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-this amendment would elfectil•tly eliminate nuclear power
production in Colorado .
-a nuclear reactor acciden t has ne ver resulted in death or
injury to any member of th~ public.
-the provision requiring unlimited liability for nuclear acci·
den ts is unreasonable. Most insurance programs. such as
workman 's compensation , aircraft and no-fault auto in su r·
anct. ha v~ an establi.<hed maximum limit for liability.
4 RE I\IOVING DIVI S ION HEAD FROM. TATE PERSONNEL SYSTEM
Referred amendment to Article XII of the Constitution of the State of Colorado .............. ...,, ... __ ...,,..._..., ... __ .,....,... ..
.........._ Major Provisions. Allows the General Assembly to exempt by law any o r a ll he ads of divisions and institu·
tions wi thin the executive branch from the state personnel sys tem . Amendment ex empts from the state personnel system the
personal secretary 10 th e executive director of each princi pal department in the executive branch.
those in FAVOR say
-the Governor needs more authority to appoint and remo\•e
administrators so he can implement the policies h e was
~lected to carry o ut . It is unlikely he would appoint un-
qualified persons because th e re.wlt would hurt him nt th e
next election.
-the amendment would facilitate the m ovement of skilled
administrators fro m o ne d e partment to ano ther where th eir
skills are need ed .
those OPPOSED say
-this could he a r~turn to hiring in txchange fo r political
and personal reasons. rather than merit. and could result
in removal /rom office without cause .
-many swte j unctio ns art non-political and sho uld not be
affected by chan ging administrations.
-if hath department and cUvision heads were replaced at
the beginning of each ne w administration, there could be
disruption of programs.
~ SETTI NG SALARIES oF ELECTED CouNTY O•·nciALS
._. Referred omendment to Article XIV of the Conotltution of the Stole of Coloredo
............... Major Provisions. Require s county commissioners. rather than the General Assembly. to set the compensa-
tion of all elec ted co unty officials. including themsel ves , a nd pro hibit s an increase o r de crease of sa lary during the term
of o ff ice .
those in FAVOR say those OPPOSED say
-local county commissioners have fi rst-hand knowledge of
county of/icer re sponsibilities and it is too time-consuminR
for le gisla tors to set salariu.
-provision should ha v~ bun includ~d for salary incr~ases
during ttrm of office to mut inflatio n and to insuu idm-
tical salaries for all county commissioners.
-since coun ty commissioners are responsible fo r county
budgeting. th ey should set all county salaries.
-since counties are an arm of state governmt'nt, the legis·
lalllfe should set county salaries.
-possible a buse is preven te d because the co mmissioners
cannot change any elected official's salary durin g th~ offi·
cia/'s tum of offia.
-this gives county commissioners too much power over
othu ~lect~d officials witlrin thtir county.
6 REPEAL OF STATE EQUA L RIGHTS AMENDMENT
lnitioted omendment to Article II of the Conatitution of the Stole of Colorodo .
Major Provisions. Would repeal the state Equal Rights Amendment (E RA ). which provides for equal rights
untkr the law on acco unt of sex. from the Colorado Constitution . The repeal has no direct bearing on the proposed fed -
eral Equal Rights Amendment .
those in FAVOR of repeal say
-tire Colorado E RA is an unnecessarv amendment becaust'
/~dual and sta t~ laws already guaraniu tqual trtatm~nt in
many areas.
-th~ Colorado E RA dots not providt immediau r~li~f to
employees who feel they fact sex discrimination, as ntw
legisla tion and judicia l intupretation may b~ nttd~d .
-th~ Colorado E RA changtJ th~ traditional conc~pt of
privacy .
-th~ Colorado E RA ca rr ha v~ a d~trimtntal ~flut on wom-
~n·s atlrl~tic programs. V ~ry f~w !~mal~ athld~s will choost
to participate in 3e:t·integrated compditio n .
those OPPOSED to repeal say
-th~ Colorado E RA , a constitutional prin cipl ~. has ensured
sinu 1973 that /~gal rig hts are guarantud to all puso rrs
regardltss of th~ir ux.
-t h~ applicatio n of tht Colorado ERA is limit~d to govern -
mental ac tion and does n o t extend into the privau sector-
family roles , right to privacy , or church policy and uachirrg.
-th~ Colorado ERA dots not invalidate la ws which reflut
th~ actual dilf~rerr ce b~tween th~ s~us.
-th~ Colorado ERA do~s not usult in th~ loss of bttu/its,
prot~ctiorrs , or re.<ponsibilities. but applies th~m eqUIJlly to
men and M'Omen.
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7 Fooo ALE: Tu REPEAL
lnitieted •t•tute amendin g Color1ciO lewiaed Statutes.
-Major Provisions . Removes sale tax on food except for food for immediate consumption (restaurants. etc.).
but allows loc al government to levy sales tax on food . Requires 1977 General Assembly to enact a severance tax on min·
eral . oil hale. oil. and gas . and increase the tax on corporations with net profits in excess of $50,000. to replace the lost
revenue .
th ose in FAVOR say
-a sales ta x on food ;, r~gressil·~ and is particularly unfair
to /ixtd and low income pt'rJ·ons and those in middle income
brac kets with families to J'Upport.
-tht los t rt\•tnue will be rtplact'd thro ugh /M'O sources that
art untaxed or underta.ud.
-this amendment could shift part of the tax burden to out-
of-state purchasers of minerals.
-his torically Jtt,·ying St\'tranct and corporate taxes has not
cost job.r by forcing companies to close down or m ovt , nor
have taxes pro,•en to bt a major fac tor in a company's
dtcision to Jocm~.
those OPPOSED say
-the food sal~s tax ha .< bun a stable source of incom e. The
regressive aJ·pech of food sales taxes 011 ruidents ca n he
lessened tltrou~:h a higher o r diminishing food sales tax
c redit based on income.
-the same people will simply pay hightr prirt.t on eMrf(y
and other products inst~ad of a food sal~s tax .
-tht rt'placenumt tax ma.v cauu compcmits to cease opua·
tion or relocate in o th~r stat~s or at least hurt in attracting
new indlutry -rt'sulting in Joss of jobs and taxes to state and
/()(·al JlOVernmt'n t.
-th e con~titutionality nf tht' initiatil'e is qut.ftionab lt bt'·
caust' it does not pro\'ide for r~plact'ment revenues as
required by the Old Age Pen<ion Amendment to th e
Con.\'titution .
8 BEVERAGE CoNTA I NER DF;Pos n
ln iti•ted st•tute •mending Color•do Rev ised St•tutes
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Major Provisions. Initiative requires a refundable deposit on each beer and soft drink co ntai ner sold within 0
the sta te . The minimum deposit would be five cents.
those in FAVOR say
-a container deposit would tncourage widespread recycling
of contain ~rs . rt'ducing "isible . nonbiotltgradablt lilltr con ·
siderably.
-recyclin g and reusin g containers. even considering th e
inc reaud entrgy ure for transportalion and wash in g. uses
less e nergy than the manufacture of new containers.
-possible pria incr~ases caused by increased handlin g of
reusable containers co uld b~ offset by decreased contain er
costs .
-a uniform cleposit on both bottles and ca ns would cause
little cha nge in how many of each are used.
-new jvbs could be creaud at the retail le"el to sort re·
IUrn~d c·ontainus. If bottl#s and cans continue to b~ used
in tht same proportion . 110 jobs will bt lost in tht can·
rt~lated irulu .Hries .
9 Puouc UnLJTY CouNSELon
Initiated st•tute •mending the Color•do ReviMd Statutes
those OPPOSED say
-tl'en if all btl'trage containe rs were returned for re funds,
the majo r parr of th~ lillu problem wo uld remain and in
timt' btl1e rage container Iiiier would increase again . also.
-recycling and reusing containers causes significant in·
crease; itt th e consumption of gasoline fo r transportation .
in th e ust of water. and in tht burden on sewage treatment
facil ities.
-increased costs to chan ge industry facilities and sort. s tore
and transport returned containers will pass extra costs o n
to the con.sumer .
-thue will likely be a shift from ca11 s to bou/es for bevuage
containers . as has happened elsewhere . hurting employment
in the t·an industry .
~ Major Provisions. Creates an office of public coun selor to represent residential public utility consumers
before the Public Utilties Commission. Provides for changes in the regulation of utilities, prohibits private communica-
ti on between the Commissio n and parties to the heari ngs. requires open records, financial disclosure by members of the
PUC. and judicial review of PUC decisions .
those in FAVOR say
-a public counj'elor is needed to reprel·ent residential CO li ·
sumers w ho do not have th e fi11ancial means to become
invol•·ed in proceedi11gs before the PUC.
-P UC commissioners s/w,./d be ;·ubject to th e Sunshine
Law and should have no private commun ica tio n with utility
companies.
-i~<dicial review of PUC decisions sho1<ld be the same as
for oth er regulatory agencies.
Of' ALL
those OPPOSED say
-the public cou•selor is a ntedltss duplication as rh~ PUC
is already supposed to rake into considuarion residential
consumers.
-~liminating the time limit in which th~ PUC must act on
/ilings wo,./d nor gi ve th~ PUC inrtnliv~ to act quickly
and co uld cause long delays resulting in fina ncial dil/irulties
for th~ utility filing .
-there should b~ fru flow of information berwun th~ PUC
and the utility companies.
TAXATIO
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WE , THE UND BRS I C'.NED ,. ARE OJ?P ED ~ TRE U c;. E TF.il 1f, SA IE~ TAX 0 1
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4 A.
CITY OF ENGLEWOOD PI~NNING AND ZONING COMMISSION
September 8, 1976
I. CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission
was called to order at 6:00 P.M. by Chairman Tanguma in the
Community Room of Englewood City Hall.
Members present: Pierson, D. Smith, E. Smith, Tanguma, Wade,
Williams, Jones, Parker
Wanush, Ex-officio
Members absent: Jorgenson
Also present: Mayor Taylor, Councilmen Brown, Mann; City
Manager McCown; Public Works Director Waggoner;
Assistant Director for Planning Romans;
Associate Planner House;Planning Intern Fessenden.
II. APPROVAL OF MINUTES:
Chairman Tanguma stated that Minutes of the meeting of August
17, 1976, were to be considered for approval.
Williams moved:
Jones seconded: The Minutes of August 17, 1976, be approved
as written.
AYES: Parker, D. Smith, E. Smith, Tanguma, Wade, Williams,
Jones
NAYS: None
ABSTAIN: Pierson
ABSENT: Jorgenson
The motion carried.
III. I-470/SUPER GRID ALTERNATIVE
Colora do Department of Highways
Mr. Richard J. Brasher, Colorado Department of Highways District
6 Engineer, stated that for the last several months, transporta-
tion in the southwest quadrant of the Denver metro area has
been re-evaluate d in relat ion to I-470. Approximately 13
alternatives to I-470 were proposed, and these have been
narrowed down to five alternatives, including the Super Grid.
Mr. Brasher emph asized that neither the Colorado Department of
Highways nor the Governor's ad hoc committee which was appointed
to consider the proposed alternatives, have made a formal de-
cision on the alternatives, nor have they made a recommendation.
Both the Highway Department and the Governor's Committee are
still in the analysis process. Mr. Brasher stated that they
will have available, in approx imately one week, an assessment
report which goes into detail on the total assessment process
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used in analyz ing the alternatives to I-470; 42 environm ental
fa ctors were c ons i dered in these assessments .
Mr. Brasher discussed several of the alternatives that have
been considered. First, there is the "do nothing alternative",
or the Practical Grid ; this alternative allows for some im-
provements in the southwest quadrant under the normal funding
procedures.
Other alternatives include the "outer alignment", the "outer
alignment with the airport diagonal " routing, the Wadsworth
route tying into I-470 at Roon ey Road ; the County Line Road,
Santa Fe /Ha mpden route; and th e Super Grid proposal.
Under the Super Grid alternat ive , County Line Road, which is
an arterial, would be a limited access facility and this would
be one of the first routes to be constructed under the Super
Grid system. University Boulevard would be proposed for six-
lane construction. On South Santa Fe Drive in the Englewood
area, there would be improvement to the U.S. 285/Hampden/Santa
fe intersection ; and improvement would be made to U.S. 285 in
the vicinity of Cinderella City, This might involve splitting
the highway, putting one direction of traffic south of the
existing U.S. 285 route. Mr. Brasher noted that this is onl y
a concept at this point, and not a firm decision.
U.S. 285 would be improved to eight lanes from Santa Fe west
to South Wadsworth Boulevard.
Mr. Brasher discussed the Sout h Santa Fe Drive corridor. Inter-
ch ange concepts are indicated at Evans, Dartmouth, Quincy and
Bel leview, and grade separations are indicated at Oxford,
Belleview and the railway tracks, and at Bowles Avenue. West
Quincy Avenue is proposed to be constructed across the South
Platte River and will extend to South Stmms Street.
Mr. Brasher stated that these are projects that have been
se lected by the Colorado Department of Highways, and have been
judged agains t the criteria of whether or not the plan could
be implemented.
Mr. Brasher discussed the f unding process. Under the 1976
Federal Highway Act, the funds that were appropriated for the
co ns truction o f I-470 may be transferred to use in the construction
of the Super Grid system. Before these projects can be implemented,
they mus t go t hrough an extensive planning process in each of
the affected jurisdictions.
Mr. McCown asked for clarification of the proposal on County
Line Road? Mr. Brasher stated that under the Super Grid system,
County Line Road, the location of I-470, is proposed as a four-
lane controlled access facility. This would extend westward to
Simms, then up Simms to Belleview and then tie in to I-70 on a
northwesterly route.
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Mr. Parker asked about the possibility of extending Colorado
Boulevard through Cherry Hills Village and Greenwood Village?
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Mr. Brasher stated that it would be physically possible to ex-
tend Colorado Boulevard, bu t that Cherry Hills Village is
adamantly opposed to such extension. Mr. Parker questioned if
traffic routes should be politically determined? Mr. Brasher
stated that the Department of Highways tries to work with a
particular region, but they still have to look at the transporta-
tion network as a whole .
Mr. Tanguma questioned the effectiveness of University Boulevard
being six lanes from Arapahoe Road to U.S. 285; he stated that
he felt the traffic flow would still be severely limited beyond
the north and south boundaries.
Ed Smith asked if he understood that each community would have
to apply for their portions of the improvements proposed in
the Super Grid? What would happen if the improvement affected
several different communities --would all communities have to
reach agreement before the project would be done? Mr. Brasher
discussed the withdrawal process which is based upon a ~equest
by the local agency, and with concurrence of the Governor. The
Joint Regional Planning Program Committee also has to concur in
the request. JRPP is composed of personnel from the State High-
way Department, the Regional Transportation District, and the
Denver Regional Council of Governments.
Mr. Tanguma questioned the matching funds, and asked how much
the local communities would be expected to match? Mr. Brasher
stated that this would depend on the system the alternative
project would be on --local, State or Federal system. He
noted that most of the Super Grid projects are on the State
Highway System, and the local governments would not have to
provide matching funds.
Don Smith asked who would have to approve a withdrawal, if
every community would have to approve such a request before it
was approved by JRPP, and if in fact, did it have to be approved
by JRPP? Mr. Brasher stated that the JRPP, the Governor and
the local governments would have to concur before the withdrawal
is approved.
Ed Smith asked if all the local governments would have to con-
cur with a particular project before any improvement could be
done? Mr. Brasher stated no t necessarily. The Highway Depart-
ment has requested an opinio n in this matter but to this date
an opinion has not been given.
Mayor Taylor referred to the Super Grid plan, and asked if
all these projects would be accomplished through the with-
drawal process? Mayor Taylor discussed the traffic problems
on Sou th Santa Fe Drive. He asked if Littleton, Englewood and
Sheridan could get together and ask for improvement on South
Santa Fe Drive? Mr. Brasher stated that improvement of South
Santa Fe Drive is shown on the Practical Grid plan, and that
1.5 million has been budgeted f or improvement of Santa Fe, and
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that they are i n the design stage now. There is an additional
$800,000 budget e d f or right-of-way acquisition on South Santa
Fe Drive from Florida Avenue to Yale Avenue . The Department
of Highways next step is to hold a public hearing on the right-
of-way acquisi t ion, which hearing will be held within the next
month or so. Mr. Brasher state d that if the proposal is well
received at the public hearing , the Department of Transportation
can determine t he proposal is a viable project and will continue.
Mr . Brasher emphasized that this is f or a six-lane improvement
on South San ta Fe. Mr. Brasher again stated that the design
work is underway from Bowles Avenue north to Yale.
Mr. Brasher noted that the Sant a Fe Drive improvement is a very
dif fi cult project. R. T. D. has considered a lot o f designs
for the Santa Fe corridor and the Highway Department plans must
fit into the R.T.D. plans. Monies for improvement along Santa
Fe cannot be spent until it is determined that the Highway
Department and R.T.D. plans fit together. Having established
the fact that there is a ridership corridor on Santa Fe Drive,
RTD is now looking toward commuter rail, bus lanes, etc. rather
than the rapid transit. The Highway Department is working very
closely with RTD.
Ed Smith asked how many governmental agencies are affected by
the Airport Diagonal route? Mr. Brasher stated that five agencies
are af fected, those being Arapahoe County, Douglas County,
Jefferson County, Lakewood and Littleton. Seven agencies would
be involved on the Super Grid system . Not all agencies would
have to concur on a withdrawal project , but Mr. Brasher did not
have t he exact fig ures on the number of agencies required for
a pproval.
Don Smi t h asked what the City of Englewood could do to encourage
an expedient effort on the design work on South Santa Fe Drive
from Bowles Avenue to Yale Ave nue, and also asked what the time
t able is for the Super Grid? Mr. Brasher stated that they
hoped to have the Super Grid implemented by 1990. He stated
t hat the City could support the efforts of the Highway Depart-
ment to implement the interim projects they are involved in ;
the City could give support at the Public Hearing for the right-
of-way acquisition.
Mayor Taylor asked if there is a time limitation on the availability
of the Federal money for the I-470/Super Grid construction? Mr.
Brasher stated that the money is there. Mayor Taylor asked if
some of these funds were used to improve Santa Fe Drive, if this
meant forfeiting the possibility of I-470 construction? Mr.
Brasher stated that South Santa Fe Drive would still have some
i mprovement in the event I-470 were to be built; however, there
would not be money for necessary grade separations or interchanges.
These traffic improvements would be made in lieu of !470, if
thi s is the decision of the local agencies, and if it is approved
by the Governor and the JRPP. Mayor Taylor noted that Englewood
is centrally located, and tha t the north/south arteries of Santa
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Fe, Broadway and University Boulevard border or bisect Englewood,
as does the east/west artery of U.S. 285. Mayor Taylor noted
that there is going to be great development in the southern
area around Chatfield Dam, John Mansville, and the Madden de-
velopments; and that this traffic will have to be carried also.
Mr. Brasher noted that the studies indicate that the outer route
doesn 't really carry that much traffic; most of the routes which
will carry traffic to the "core" city, will be the north/south
routes.
Mrs . Wade asked what capacity was proposed for I-470? Mr.
Brasher stated that I-470 was proposed as a six-lane express-
way; they now propose to improve County Line Road to a four-
lane limited access arterial under the Super Grid system.
Mr. Brasher introduced a Mr. Ruble, who gave a traffic analysis
of the alternatives. Mr. Ruble stated that a standard traffic
assignment was used in the analysis, and that they looked at
the improvements contained in each alternative compared to the
Practical Grid. Mr. Ruble indicated areas of acceptable service,
areas of unstable flow and areas of stop-and-go forced flow on
a map. All the north/south facilities show congestion.
The outer route does give some improvements, but not where the
problems are. The analysis indicates that the Super Grid does
provide an improved level of service .
Mr . Jones noted there was a particularly bad problem on U.S.
285 in the vicinity of Cinderella City, He asked what is pro-
posed for this area, and what is the timing on the improvements?
Mr. Ruble stated that if the Super Grid is implemented, con-
gestion would be relieved ; there could be some improvement
with a one-way cuplet in the vicinity of Cinderella City; but
this cannot be done without some disruption.
Mr. Jones asked if the problem would be complicated if they
attempt to build an improved facility on an already over-loaded
facility? Mr. Ruble stated that the Super Grid would relieve
some of the worst congestion .
Mr. McCown noted that in reading some of the original reports
on I-470, it was asserted that the construction of I-470 would
not have very much effect on U.S. 285 traffic. He noted if this
were the case, there would have to be some improvement on the
U.S. 285 traffic congestion. He asked if this interpretation
is correct? Mr. Ruble stated that Mr. McCown's interpretation
is correct. Mr. McCown asked what benefit the City of Englewood
would realize from the construction of I-470? Mr. Ruble stated
that the construction of I-470 would not do anything for presently
congested areas •
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Mr . Brasher no t ed that if the Super Grid alternative is selected,
they would still be operating under restricted conditions, there
will still be contestion, but ther e would be an over-all benefit
to the communities.
Mayor Taylor noted that U .S. 28 5 is the one arterial running
through Englewood in an east/west direct i on, and that Englewood
has three north /south arterials. If an attempt is made to put
all that traffic from the sout h developments on one street
going nort h and south, there will b e more co nge st i on. He stated
t h at he understood I-470 was t o he lp in dive r t ing the nor t h /south
traffic from being f unneled through Englewood.
Mr. Ruble stated t hat the Highway Department has planned the
location of the improvements to relieve the north/south con-
gestion . Percentages of per son s passing through Englewood to
other destinations were discus sed.
Don Smith stated that he felt t he concern seems to be that the
Supe r Grid is routing more tra f fic north and sou th through
Englewood. Mr. Brasher noted that the limited access faci lity
on County Line Road would still be available for t hose motorists
who want to use it. Mr. Brasher said that with the Super Grid,
there would b e a "small I-470 " --the four-lane limited access
facility on County Line Road , and t he remaining monies could
be used t o fina nce other improvements on the Super Grid System.
There is also estimated to be $47,000 ,000 to spend in the
Denver area on projects that have not yet been identified.
Mr. Tanguma aske d if the data f or the Super Grid takes into
consideration the growth factor south of Littleton? Mr. Ruble
descri bed the process they used in determining growth rate and
the distribution o f t hat projected growth,
Ms. Patsy Goodman, Department of Highways, stated there is 155.3
million dollars available in the Highway Trus t Fund which is
earmarked f or the construction of I-470 . Under the original
est imate, this amount would have been 90% of the total monies
estimated f or construction of the highway ; the 10% would have
been local funds. Under the "transfer" process, this 155,3
million dollars would become 80% of the total construction
f unds, and 20% matching funds would be required . Under the
transfer process, the State share would be twice what it would
be if the interstate facility were constructed. There would
be 103 million dollars available for the construction of the
super grid; 18.7 millionwould be used for part of the Practical
Grid proposal, Under the transfer process, all of the funds
do not have to be used in the southwest quadrant; they could
be used within the Denver met ro area f o r as yet unidentified
projects. $47,8 million doll ars wo uld, therefore, be available
for construction of highway pro jects outside of the southwest
quadrant. Ms. Goodman stated that 24,6 million dollars is pro-
posed f or improvement of the South San ta Fe corridor; she stated
that the Department of Highways and RTD will work with the rail-
roads in an atte mpt to solve some of the problems along this
c orridor. The improvements on Santa Fe would include grade
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separation structures in an effort to eliminate the stop-and-
go traffic on South Santa Fe.
Ms . Goodman stated that the construction of a four-lane
facility on the outer route would cost an estimated 88.6
million dollars, which amount is all the Highway Department
could justify at this point based on traffic projections.
This construction would qualify for 90% funding from the
Federal government.
Ed Smith asked if there is a specific time limit within which
the funds from the Federal Government must be used? Ms.
Goodman stated there is no time limitation ; the funds must be
transferred to the General Fund from the Highway Trust Fund,
and appropriated by Congress. There is now more funds available
than there are requested projects. Discuss ion ensued.
Mr. Tanguma introduced State Representative Betty Ann Dittemore
who had entered the meeting.
Mayor Taylor asked what would happen if Congress should decide
against appropriation of all these monies? Ms. Goodman stated
that some projects could be delayed for a time. Ms. Goodman
stated that there could be risk involved in using the transfer
funds; however, the improved level of service must be con-
sidered. By transfering the fundi ng, there would be 47.8
million dollars available for improvement outside of the south-
west quadrant and 24.6 million dollars would be available for
use in the Santa Fe corridor , none of which is available if
the I-470 interstate facility is constructed. Ms. Goodman
stated that the Highway Department staff can only point out
the risks involved and the benefits that could be realized from
the transfer of funds for the Super Grid. Discussion ensued.
Don Smith noted that the origine l plan was to solve the traffic
problems in the southwest quadrant; now, under the transfer of
funds, Denver will be getting 47.8 million dollars for improve-
ments that will be of no benefit to the southwest quadrant.
Mr. Brasher stated that projects in the Super Grid are those
the staff feel are reasonable to implement.
Mr. Jones stated that he understood under the transfer of funds,
the financing will be 80 /20, with the local governments required
to meet the 20%. He stated that he felt the State will be "hard
pressed to meet the 20% requirement." He noted that one year
ago, all the communities had applied for improvement of South
Santa Fe Drive, and to date, nothing has been done.
Further discussion on the funding ensued. Mr. Atchison, of
the Department of Highways, noted that if the gas tax increase
is not approved, "we can forget everything."
Mr . Waggoner asked if the Highway Department is saying that
improvements to Santa Fe will become reality faster if the
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funds transfer is approved than they would under the normal
budget procedure? Mr. Brasher emphasized that they are now
in the design stage for a six lane facility on South Santa
Fe Drive from Bowles Avenue nor th; but this does not include
the construction of grade separations or interchanges. The
transfer would provide fun ds for these structures and they
could use the money to implement the improvements faster. If
another project were to be granted a higher priority, however,
that priority might have to be constructed first.
Mrs. Pierson stated that she understood from this discussion
that the 155.3 million dollars is not certain money under the
transfer of funds, and that we could be taking a gamble that
would benefit areas outside of the southwest quadrant . Ms.
Goodman stated that there are greater benefits to be realized
in the southwest quadrant under the Super Grid transfer of
funds than there are to be realized with the construction of
the Interstate. Under the Super Grid system, there would be
an outer facility constructed, plus the improvements to other
streets to facilitate the movement of traffic.
Don Smith stated that he understood the construction of I-470
alone is less than 100 million dollars of the 155.3 million
dollars in trust; if I-470 is constructed, could the southwest
quadrant then make use of the remaining monies for other im-
provements? Mrs. Goodman stated no; the only money funded would
be for the actual construction of the Interstate.
Funding and benefits of the Super Grid system were further dis-
cussed. Mrs. Dittemore noted that the Practical Grid doesn't
appear to do anything for Englewood .
Mr. Tanguma asked what priori ty Santa Fe Drive improvements
have? Mr. Brasher stated that it is of top priority under
the present funding procedure; this will provide for a six-lane
facility, but no other improvements. Don Smith asked for the
general timing on Santa Fe improvements under the year-to-year
funding process? Mr. Brasher stated that the biggest thing is
the acquisition of right-of-way from Yale to Florida; this is
estimated at approximately two to two and one-half years, They
hope to begin improvements at Bowles Avenue by the Spring of
1977, and to work north on Santa Fe from that point.
Improvements in the southwest and southeast areas were dis-
cussed in relation to the improvements proposed. Ms. Goodman
stated that under their projections, they feel the proposed
system will be adequate. Mr. Brasher stated they have attempted
to come up with what is most reasonable in possible funding;
he stated that he feels this is the most the southwest quadrant
could possibly get for the Super Grid. If the Interstate is
constructed, the only other improvements would be on the
Practical Grid system.
Mr. Atchison discussed some of the proposals that were made
and rejected by the jurisdictions involved. They had con-
sidered extending South Colorado Boulevard southward from
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East Quincy Avenue, but received opposition from Cherry Hills
Village and Greenwood Village . They also considered the im-
provement of Dry Creek Road, but met with opposition from the
City of Littleton. Mr. Atchison stated that these proposals
, .
were "pulled off the map" as projects that could not be implemented;
this is how they arrived at the 47.8 million dollars that would
be available for projects not within the southwest quadrant.
Mr. Atchison acknowledged that the Super Grid alternative is
a high risk alternative in light of whether or not the federal
money would be available through 1990 when they hope to have
the Super Grid System implemented, but he termed it an "attractive
alternative."
Mayor Taylor inquired as to the local share? Ms. Goodman
stated that the total local share is 1.2 million dollars.
Mr. Parker stated that it appeared that perhaps the best plan
is to construct I-470 if the Santa Fe improvements are assured
anyway. Mr. Brasher noted that the interim improvements on
Santa Fe would be two additional outside lanes. These improve-
ments are on the five-year program; but the Highway Commission
must still approve the annual budget requests. It is a minimum
improvement to provide the two additional lanes.
Mayor Taylor asked if this improvement would include grade
separations? Mr. Brasher stated that it does not.
Mr. Temple, CDH, discussed their concern with the coal trains
proposed to travel the tracks which run parallel to Santa Fe,
and the problems this could cause with at-grade crossings,
Mr. Brasher stated that even with the improvements, but without
the grade separations, they would anticipate a low level of
service along Santa Fe Drive. Mrs. Pierson stated that she
felt there might be other less expensive ways to solve problems
with the coal trains than constructing grade separations at
several points along South Santa Fe Drive. Discussion ensued.
Mr. Temple pointed out that the Highway Department doesn't have
too much information on the coal trains at this point; however,
they have heard discussion on approximately 28 one-mile-long
coal trains per day on these tracks. Mr. Brasher confirmed
that the Highway Department did not have all the facts on the
matter of coal trains; he did state there is a need to separate
the railroad tracks from the arterial crossings; he noted that
Belleview Avenue and the tracks is one of their highest hazard
spots. He noted that the point they wanted to make, is that
there is a problem of safety and traffic congestion at the
points of intersection that will only get worse; he stated that
he felt the grade separations at the rail crossings are justified.
Mr. Tanguma asked to hear from Mrs. Dittemore.
Mrs. Dittemore commended the Highway Department staff for their
"good job". She stated that she was concerned ab~ut Englewood
in these traffic plans, and wants to help Englewood all she can.
Mrs . Dittemore acknowledged the Super Grid system "looks good"
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and discussed the withdrawal sys tem previously discussed for
the transfer of funds. She st ate d that "concurrence" means
that each of the entities involve d would approve the transfer
of funds and the specific projects. Mrs. Dittemore noted that
the original figures quoted for I-470 were 92.5 million dollars
which has been escalated to 155.3 million dollars available for
the financing of the Super Grid system. Mrs. Dittemore stated
that she had asked Mr. Kintslinger of the Highway Department
if there was a "firm commitment " for the 155.3 million dollars,
and he indicated "he thought there was." She asked if it is
true that the Secretary of the Department of Transportation
has discretionary powers on the funds that are to be transferred?
Mrs. Dittemore stated that Cherry Hills Village and Greenwood
Village will not support the Super Grid proposal. Mrs. Dittemore
stated that this plan "isn't set in concrete", and there is no
guarantee on the 155.3 million dollars for the Super Grid.
Mrs. Dittemore s t ated that she is trying to get the feeling
of the Commission and Council on this matter so that she can
best serve the wants and needs of Englewood.
Don Smith asked if there were any inquiries being made in
Washington to find out how Congress feels about the transfer
of funds? Mrs. Dittemore stated that "it looks like the funds
will be available."
Don Smith asked the estimated completion dates on the projects?
Mr. Brasher stated that I-470 is proposed for completion in
1985; the Super Grid would be completed by 1990, and the
Practical Grid system would be completed by 2,000. Mr. Brasher
emphasized they are not trying to sell a program, but do feel
a serious obligation to point out the facts in this matter.
Mayor Taylor stated that he would like some time to think about
the presentation this evening, and consider the matter further.
Mr. Tanguma expressed his appreciation and that of the Council
and the Commission, to the Highway Department personnel for
their presentation .
A recess was called at 8:30 p .m.
The meeting was called to order with the following members
present : Parker, Pierson, D. Smith, E. Smith, Tanguma, Wade,
Williams, Jones .
IV . DIRECTOR'S CHOICE
Mr. Wanush had earlier excused himself from the meeting. Mrs.
Romans stated that Mr . Wanush has expressed a desire to meet
informally with the Commission members. Mrs. Romans suggested
that possibly this could be arranged following the meeting on
September 21st •
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V. COMMISSION'S CHOICE
Mr. Tanguma referred to a letter from Mr. Jack Carver Patterson
regarding the proposed Halcyon Heights II development at South
Clarkson Street and U.S. 285. Mrs. Romans stated that no
building permits have been issued for the development; the
applicants stated that they wanted to pre-lease a given number
of the units prior to making application for a building permit.
Mrs. Romans stated that approximately one month ago, the
architect for HH II •as in touch with the staff, and indicated
at that time that they are proceeding •ith the developaent.
Again, Mrs. Romans eaphasized, no building permits have been
issued, no variances have been granted, and the alley has not
been vacated for this development. The Planning Commission
and City Council did approve the Development Plan some time ago.
She· stated that she felt Mr . Patterson should be so informed.
Discussion ensued.
Don Smith moved:
Wade seconded: The matter of Mr. Patterson's letter be p l a ced
on the agenda of the next meeting.
AYES: Jones, Parker, Pierson, D. Smith, E. Smith, Tanguma, Wade
Williams.
NAYS: None
ABSENT: Jorgenson
The motion carried.
The meeting adjourned at 8:50 P.M •
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ENGL EWOOD PARKS & REC REATION COMMISSION
Minutes of September 9, 1976
4 B
The regular monthly mee ting of the Eng le wood Parks & Re creation
Commission wa s called to o rder at 7:30 p.m . by Ruth Alle n, chairman, in th e
Pa rk s & Re cre ation Department.
Me mber s prese nt: Brown, Poole , Allen , Hewitt, Howard , Cus hing and
Roman s, ex offic io
Members abse nt: Mann
Also present: Jerry Roythe r, Asst. Dir., Parks & Recreation
Gary Havener,
Hewitt moved, Cushing second e d , that the minutes of the Aug u s t 12, 1976
meet i ng be approved a s mailed. Motion carried.
The financial report for th e month of Augus t was not available.
Mrs. Alle n r e porte d that s he had d i s cussed another possible date for th e
dinner mee ting with City Council to di s c uss the formation of the Senior Citizen
Ad visory Committee with the City Manager but that nothing definite was decided.
Mr. Brown said he would che ck on th e s tatu s of this and report back since this
s hould be res olved as soon as pos s ible s o those who have volunteered to serve on
this Committee can be notifie d.
ln reviewing the Public Impvoveme nt F und, Six-Quarter Budget it wa s
noted that Skerritt Park, Handicapped Playground and park land acquisition were
all deleted. Mr. Roman s s aid the Handicapped Playground had already been
approved for federa l fu nding but that money would be lost sinc e th e city is not pro-
ceeding with th e project . Mr. Hewitt s uggest e d that the Superinte nd e nt of Schools
be contacted to see if the School District would be i nterested in proceeding with the
proj e ct if the federal funds are s till available and locate it on sc hool property.
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Parks & Recreation Commiss io n
Ivlnut es of September 9, 1976
Page -2 -
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T he fo llowin g progr ess report s were g ive n for information: E me r s on Park--
whe n the a r ea wa s s urve ye d it wa s foun d that several property owner s adjacent to
the park had put the ir fe nces on city proper t y . T hese people will be allowed to
purcha se this la nd from the city rather tha n make them move the fences. The
prinkle r syste m s hould be comple te thi s wee k and the seeding should be in by next
week. Some d rainage problem s have a dde d to the cost but the project is still within
th e budget. Golf Course --the work i s progressing according to schedule and seeding
s hould be done next week. The clubhouse remodeling schedule will be presented at
the next meeting and if bids for this remodeling are let in January 1977 it should be
r e ady for us e by July 1977. Belleview We s t--the work is progressing according to
s chedule. Playground Apparatus In s tallation--Romans, Northwest Greenbelt, South-
west Greenbelt, Cu s hing, Belleview, Ja s on and Bates -Logan Parks have all received
ne w playground apparatus this s ummer. The remaining apparatus is scheduled for
placement thi s fa ll.
A le tte r from the City Manager r e garding the recommendation to City Council
fro m the Commi ssion r e questing bette r police protection for the city parks was read.
The City Manager fe e ls this is an admini s trative matter best handled by the appropri-
ate departme nt head s and not an appropria te s ubject for a recommendation to Council.
He s uggest ed that this matte r be dis cu ssed with Chief Holmes and then bring to his
a tte ntion a ny conc e rns which the two de partments cannot resolve between themselves.
Mr . Roman s s aid he would contact C hie f Holme s at his first opportunity to discuss
this matte r and r e port back to the Commission.
Mr . Cu s hing s aid he had receive d information that federal funds were
a vailable f or se nior citizen centers, both for construction and operating. Mr.
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Parks & Recreation Commission
Minutes of September 9, 1976
Page -3-
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Romans said he is aware of these progr am s and they have been brought to the
attention of the City Manager.
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The next regular Commis s ion meeting date will fall when th e Director and
Mr. Cushing are both in &>ston atte ndin g the National Recreation and Park Congress
but th e meeting will be held on the r egular me e ting night.
Mr. Brown said he personally fee ls very badly because it was necessary to
cut the park projects from the Six -Quarter Budget but it had to be done in order to
balance t he budget . He expressed hi s hope they could again be included at a later
da te .
T he meet ing adjourned at 8:40p.m.
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PRESENT:
ABSENT :
ALSO PRESENT :
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MINUTES
Board of Career Service Commiss ioners
September 16, 1976
H.R. Hosanna , Jo El len Turne r, William Hanson, Bob Brundage
Ed Whit e
Rich Lorig, Ka rl Nollenberger , Hugh Brown, LeiOma Koestner,
Paul Jamieson , Harlan Bucholz
The minutes of the meeting o f Aug ust 19 , 1976, were app r oved as presented .
* * * *
,. .
The Board was pr epared to render i ts decision regarding assoc iation representat ion
of the Police Labo r ator y Technicians .
l.ffi. BRUNDAGE MOVED , AND MRS . TURNER SECONDED, TO PLACE THE POSITION OF POLICE
LABORATORY TECHNICIAN UNDER THE RE PRESENTATION OF THE ENGLEWO OD ID~LOYE ES'
ASSOCIATION.
The moti on carried .
Ayes: Hosanna, Turner, Bri.Uldage
Ab stain: Hanson
Ab sent; Whit e
Nays : None
* * * *
Paul Jamieson wa s presen t to reque st that his grievance be heard regarding additional
cov erage I.Ulder the payro ll deducted Colonial Insurance po licy . This was not to
be an actual hearing on the merits of additional coverage. Rather, the Board was
to decide whether this was a grievable ma tter.
~~. Jamieson stated that he has not be en allowed to take out additional co verage
because the City placed a cut-off date on this of which he was not aware. He
felt i t was IIDfair that other employees we re receiving coverage whi ch he was not
allowed to have.
Mr . Nollenbe r ge r, present to speak to the City's side of the issue, stated that
the City felt it their p r e r ogative to decide what deductions c an be made t hroug h
the City's payroll . The City has r eceived many requests from other insurance
comp anies and various other groups requesting this same type of deduction and
the City should be able to limit this . He also stated that all employees received,
stapled t.o the ir pay checks, a memo stating tha additio::~al sign-ups for Colonial
would cease .
Mr . Hanson asked~~. Jamieson wh ethe r he wo ld be able to take out additional
coverage on his own and if the cost would be com parable . Mr. Jamieson told him
that this would be possible, but the cost would be about t wice as much..
275
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MRS . TURNER MOVED, AND MR. BRUNDAGE SECONDED, THAT PAYROLL DEDUCTIONS ARE A
CITY PREROGATIVE AND NOT A GRIEVABLE MATTER.
Ayes: Hosanna, Turner, Brundage
Nays : Hanson
Absent: White
The motion carried.
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The Fir e Department sent a request to the Board that it review its revisions of
the recruitment requirements along with those of the Police Department on October 14th.
Additionally, the Police Department reques ted that a new testing procedure for
Sergea11ts be reviewed at that time. Because the Fire Department was putting off
recruitment until the new requirements can be approved, they also requested an
extens i on of the current eligibility list.
•
MRS. TURNER MOVED , AND MR. HANSON SECONDED, TO INCLUDE THE NEW FIRE DEPARTMENT
REQUIREMENTS AND THE POLICE SERGEANT TESTI G PROCEDURE CHANGES ON THE A.GENDA FOR
THE HEARING OF OCTOBER 14, 1976 .
The motion carried.
Ayes: Hosanna, Turner, Brundage, Hanson
Nays : None
Absent: White
MR . BRUNDAGE M)VED, AHD MR . HANSON SECONDED, TO EXTEND THE ELIGIBILITY LIST FOR
FIREFIGHTERS AN ADDITIONAL SIXTY DAYS FROM ITS EXPIRATION DATE .
The motion carried .
Ayes: Hosanna, Turner, Brundage, Hanson
Nays : None
Absent: White
* * * *
Both the Firefighters' Association and Englewood Employees' Association were
represented, but had nothing to discuss.
* * * *
Unde r Commissioners' Choice, Mr . Brundage inquired about an article in the Denver
Post which stated that two new department heads were being hired by the City and
if two new department s had been established . }~. Lorig told him that one would
replace the City Engineer and the other would head up the new Bi -City Treatment
Plant and that no "new" departments had been created .
* * * *
Under Personnel Director's Choice, }mr. Lorig reported to the Board that the new
job descriptions were still being worked on but the project was nearing completion .
* * * *
276
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MR. HANSON MOVED, AND MRS . TURNER SECONDED, TO CERTIFY THE ELIGIBILITY LIST FOR
THE POSITION OF ASSOCIATE HOUSING COORDINATOR .
The motion carried.
Ayes: Hosanna, Turner, Brundage, Hanson
Nays : None
Absent: Whit e
* * * *
MR. BRUN DAGE MOVED, AND MR . HANSON SEC ONDED, TO DECLARE THE FOLLOWING POSITIONS
VACANT:
The motion carried.
Personnel Actions:
Leadworker -Utilities
Sergeant -Police
Police Officer
Maintenancewor ker -Parks
Pr ogramme r /Operator -Accounting
Ayes : Hosanna, Turner, Hanson, Brundage
Nays : None
Absent: White
* * * *
DE PT. & TITLE
Promotion to "Acting" position:
Fleming, Charles
Hearn, Frank
Mikesell, Andr ea
Richard, Homer
Schuster, Robert
New employees:
Fessenden, Alice
(~oodard , Kenneth
•
Maintenancewo r ker to
Acting Leadworke r
effective 8/23/76
Mechanic to
Acting Supervisor -Servicenter
effective 8/J0/76
Jr. Account Clerk to
Acting Programmer/Operator -Accounting
e f fect ive 9/1/76
Firefighter lst Class to
Acting Driver/Opr /Engineer
effect ive 8/16/76
Mechanic's Helper to
Acting Mechanic
effective 9/16/76
Associate Housing Coordinator
effective 9/29/76
Maint./Apprentice Opr. -Wastewater
effective 8/26/76
277
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Return to Normal Positlon :
Cochran, Richard
Haugsness, James
Romans, Dorothy
Resignations :
Medina, Albert
Michaud, Er nesting
Acting Driver /Op r/Engineer to
Firefighter let Class
effective 8/16/76
Acting Driver/Opr/Engineer to
Firefighter 1 s t Class
e ffective 8/16/76
Acting Di rector of Corrnnuni ty Development to
Assistant Director -Planning
effective 9/1/76
Sergeanc -Police
effective 9/22/76
Programmer/Operator -Accounting
effective 9/3/76
-------------------------------------
Probationary to perm . :;tatus without increase in pay:
Leone, Edward
Williams, Melvin
Building Inspector
effective 7/16/76
Leadworker -Traffic
effective 10/1/76
?B
5E
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Anniversary Increase:
Bradley, Pelham Police Of ficer 2nd Class to
Police Officer 1st Class
effecti're 9/1/76
Brantley, Karen Programmer/Opera or -Accounting 5D 0
effective 10/1/7 5E
Dean, Ronald Firefighter Jrd Class to
Firefighter 2nd Class
effective 10/1/76
Forbes, Ralph Police Officer 2nd Class to
Police Offi c r 1st Class
effective 9/1/7
Garcilaso, John Firefighter J rd Class to
Firefighter 2nd Class
effective 10/1/76
G runir~er , Michael Firefighter Jrd Class to
Firefighter 2nd Class
effective 10/10/76
Heelis , Christopher Maintenanceworker -Parks 2D to
effective 10/1/76 2E
Holl and, John Fir efighter J rd Class to
Firefighter 2nd Class
effective 10/1/76 e Jasmund, Gary Environmenta l Specialist 9A to
effect i ve 10/16/76 9B
J ohnson, Char les ~~intenanceworker -Parks 2E to
e ffective 10/1/76 2F
278
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Lucius, David
Miller , David C.
Renner, Michael
Simpson, La rry
Stuart, Mike
Swan, Michael
Extension o f probation :
Cuthriell, David
Progress Reports:
Wells, Gerald
/~iley, Robert
Belt, William
Morrow, Rodger
Gulp, Betty
Palmer , William
Livergood, Arlo
Church, Jack
Jamieson, Paul
Holloman, Paul
Czarny, Ad eline
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Firefighter Jrd Class to
Firefighter 2nd Class
effective 10/l/76
Police Offi cer 2nd Class to
Police Officer lst Class
effective 9/l/76
Maintenanceworker -Street
effective 10/l/76
Police Officer 2nd Class to
Police Officer lst Class
effective 9/l/76
Firefighter Jrd Class to
Firefighter 2nd Class
effective 10/l/76
Polic e Officer 2nd Class to
Police Officer lst Class
effective 9/l/76
Police Officer 2nd Class
90 day extension
Fire
Police
Police
Fire
Finance
Public Works
Street
Parks
Fire
Wa ter Prod.
Library
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2D
There being no further business to discuss, the meeting was ad journed at 8:00 p.m .
(I
Herbert R. Hosanna
Chairman
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POLICEMEN'S PENSION BOARD
Minutes of September 23, 1976 Meeting
The Englewood Policemen's Pension Board met at 4:30 p.m. on
September 23, 1976 with the following Board members present:
Mayor James L. Taylor
Sergeant J. L. Leydon
Director of Finance James
Absent: None.
Board Member James presented a letter dated September 14, 1976
from Sergeant Albert Medina requesting a refund of contributions
to the pension fund as a result of his resignation effective
September 21, 1976.
BOARD MEMBER TAYLOR MOVED TO GRANT A REFUND OF CONTRIBUTIONS
TO THE POLICE PENSION FUND IN THE AMOUNT OF $3,840.92 TO
SERGEANT ALBERT MEDINA. Board Member Leydon seconded the
motion, and the motion passed by a unanimous vote.
The meeting was adjourned at 5:00 p.m.
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MEMORANDUM
To: Andy McCown, City Manager
From: William D. James, Director of Finance
Date: September 23, 1976
Subject: Arnie's Lounge
On September 22, 1976, Eric Johannisson investigated the possible violation
of the liqour code at Arnie's Lounge, 3467 South Broadway.
Minor remodeling of the premises is being done. The remodeling consists
of replacing the old bar with a new bar which is in the same location, is
twelve feet longer, and is curved at the end. In addition, the wall behind
the bar has been changed and extended a few feet. New bar stools were
purchased to replace the ones which were there at the time of ownership
change. No expansion of the premise s is taking place. A City Bui l ding
Permit was obtained by Brian Johnson, owner, and is prominently displayed
on the front door.
The State of Colorado Liquor Enforcement Division is concerned with
remodeling when it involves major changes. Major changes would include
relocation of serving areas, relocation of liquor storage, relocation
of eating and food preparation areas, etc. All expansions require
approval.
The work being done by Mr. Johnson to his business does not fall into
the category of major restructuring of the premises. His intent is to
replace old furniture with new and to improve the facility as it
currently exists.
A letter has been sent to Mr. Johnson apprising him of the need to
obtain City Council's approval and the State's approval of any anticipated
major changes at his business.
tv::.·~~ ,~~·
Wi 11 iam D es
Director of Finance
WDJ/kv
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INf1I.OIIIIICI __ ,DIANDUM
Andy McCown, City Manager DATI: September 21, 1976
~ Kells Waggoner
SUIJICT1 NORTH CENTRAL ENGLEWOOD -PHASE I II
Unless directed otherwise, the schedule below will be
followed as closely as possible for completing the
North Central Englewood Phase III drainage area:
Advertise
Plans Available
Receive Bids
Award Contract
Begin Construction
Complete Construction
/-{e~ ~de~~: Waggoner 00
Director of Public Works
KW/ls
Nov. 17 & 24,
Dec. 1 & 8, 1976
Nov. 15, 1976
Dec. 15, 1976
Jan. 3, 1977
Jan. 24, 1977
Sept. 23, 1977
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Englewood Wat e r and Sewer Board
Regular Meeting
September 21, 1976
The meeting was called to order at 5:03 P.M. by Vice-Chairman Schnackenberg.
Members present: Schnackenberg, Taylor, Mann, Hayes, Gibson.
Members absent: Sovern, Babcock, Ullery, Wallace.
Also present: Charles Carroll, Director of Utilities; representatives
from Plan West and Miller-Ernsten, including Hal Kraus,
Art Hiller and Bill Howard.
I. REQUEST FOR TREATED WATER SERVICE
Mr. Bill Howard, representing Mr. Hal Kraus, developer, presented a request
for treated water service for 33 acres in Cherry Hills Village, on the
east side of South University Drive across from the Country Club. The
area would have a maximum of 14 water taps, as the zoning is 2.5 acres
per dwelling. The developer proposes to extend six inch mains both from
the end of South Race Street and South Universtiy, both locations in
Englewood and part of Englewood's system, to a point in the intersection
of South Universtiy and East Hampden. From that point on, past a 6" meter,
an eight inch main would extend 1,080' to the point of use.
Discussion ensued concerning the possible effects this may have on Engle-
wood's already deficient distribution system in the NE section of town,
especially during peak days and peak hours. It was agreed that the de-
veloper would have to install a reservoir so that Englewood could deliver
water at a fairly constant rate.
The Board desired that we look at a larger service area in that location
to ensure that we would not be duplicating the construction effort should
more of the undeveloped area seek our water.
This meeting was merely to obtain a sense of the Board to see if further
investigation would be warranted.
The Board asked that the staff and the developer present a more thorough
presentation at a special meeting to be called for October 5 •
II. RATIFICATION OF THE FAVORABLE TELEPHONE POLL CONCERNING USE 0~
MCLELl.AN RESERVOIR BY DIVERS UNLIMITED
Mr. Carroll asked that the Board ratify the favorable telephone poll
which recommended to City Council that the firm of Diver's Unlimited be
granted the use of McLellan Reservoir for the remainder of 1976.
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II. (Cont .)
Mr. Gibson moved;
Mr. Taylor seconded:
The mot i on passed unan imously.
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Th at the Board rat ify the fa vorable te l e-
phon e poll, recomm ending t hat the City
Counc i l a uthor ize the firm of Diver's
Unlimite d to use McLellan Reservo i r f or
diving tra i n i ng dur ing the remainder of
1976.
Ill. MCLE LLA N RESERVOIR USE POLICY
Hr. Car roll brought up the subject of an ov e rall use policy at McLe l lan
Reservo ir . He r ep o rted that the City Co unc i l d i scussed this at their
l atest me eting and asked the staff to consider such a policy.
Mr. Mann moved;
Hr . Hayes seconde d:
The motion passed unanimously.
That the staff make a report ,t the next
regular Board meeting, on a policy for
recommended uses of McLellan Reservoir.
I V. CITY COUNCIL DISCUSSION OF A GENERAL OBLIGATION BOND
Hr. Taylor briefed the Board on the City Council's recent d i scuss i ons
regard i ng a gen eral obl i gat i on bond is sue to accomplish many of the needed
projects i n the wate r ut ili ty . This would be an issue of $5-$7 million
doll ars to be voted on by th e p e opl e . It would be designed to save many
doll a rs lost to i n fl at i on if spread out ove r the next 5 or 6 years.
Mor e wil l c om e u p on th i s later.
V. SEWER RATE INCREASE
Mr. Car r oll pr esented a briefing on a recommended sewer rate for 19 77 .
S i nce the Board c on si4ered th i s at an ear l i e r meet i ng, the City Counc i l
dec i ded to wa i t unt :l the 197 7 budge t was developed, so as to d ete rm i n e
the exact financial ne e ds of the Sewer Fu nd.
The sewer rate o f 23e/l,OOO gallons, as pre sented, would supposedly sat-
isfy the EP A requ i rements for equ i t y to all customers; and would der i ve
very little additional revenue; i nasmuch as growth would provi de most of
the nee ded additional revenu e. Within this rate o f 2Je, many customers
sould actually see a lower b il l ne xt year. Mr. Schnackenberg argued that
we should not lower anyone's bill becaus e we would b e soon after ra i s i ng
it again. He felt that we could always use the additional revenu e . Hr.
Carroll stated that a rate of 26c would insur e that no one would have a
l esser b i ll, and $90 ,000 add i t:onal revenue would accrue.
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V. (Cont.)
At this po i nt, Hr. Mann stated that he had to leave for another meet i ng
and he wished to cast an absentee nay vote for any increases whatsoever.
The Board asked Hr. Carroll to attempt to bu i ld the rate structure around
23e in such a way that no lower bills would result; and to also be able
to receive EPA approval of the result.
Mr. Gibson moved;
Mr. Hayes seconded: That the Board recommend to City Council
a sewer rate of 23e/l,OOO gallons with
no customer class receiving a lower bill.
The motion passed with four ayes; one nay.
There no longer being a quorum, the meeting was adjourned at 6:10 P.M.
with business yet to be conducted.
Respectfully submitted,
Jeffrey Shultz
Recording Secretary
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MEMORANDUM TO THE ENGLE\o/OOD CITY COUNCil-REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD \~ATER AND SEWER BOARD
DATE:
SUBJECT:
RECOMMENDATION:
September 21, 1976
USE OF MCLELLAN RESERVOIR BY DIVER'S UNLIMITED
That the City Council authorize the firm of Diver's
Unlimited to us e McLellan Reservoir for diving train i ng
dur ng the rema i nd e r of 1976.
Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By: go
Glenn E. Wallace, Chairman
Attachment #l
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
DATE:
SUBJECT:
RECOMMENDATION:
September 21, 1976
SEWER RATE INCREASE
That the City Council authorize a sewer rate increase
to 23e/1,000 gallons with no customer class receiving
a lower bill.
Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
(\~ By:----------~----------~~~--Glenn E. Wallace, Chairman
Attachment 12
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OF
RECOMMENDATION OF THE CITY PLANNING AND ZONING COMM I SSION.
DATE: September 21, 1976
SUBJECT : 1977-1978 State Highway Department Work Program
RECOMMENDATION :
Ed Smith moved:
Jorgenson seconded: The Planning Commission recommend to City
Council the f ollowing 1977-197~ State
Highway Department Work Program, as amended.
I. Requests o the State Highway Commission for inclusion in
the F. Y. 1977-7 Work Pro gram.
A. Construction Project on Federal Aid Intersta te System.
1. I-470
a. To be constructed as an Intersta te ighway.
B. Construction Proje cts on the State Highway ystem:
1. South Santa Fe Drive:
a. Widen and improv e to a six-lane major arterial,
continuing the construction project which is now
under way in Denver south to County Line Road .
b. Construct an interchange at the intersection of
West Dartmouth Avenue and South Santa Fe Drive.
c.
d.
e.
f.
g.
h.
i.
Construct a grade separation at the intersection
of West Floyd Avenue and South Santa Fe Drive.
Improve upon the interchange at South Santa Fe
Drive and U.S. 285.
Construct a grade separation at the intersection
of West Ox ford Av e nue and South Santa Fe Drive.
Construct an interchange at the intersection of
South Santa Fe Drive and West Quincy Avenue.
Construct a grade separation at the intersection
of South Santa Fe Drive and West Tufts/West Union
Avenue.
Construct a grade separation at the intersection
of West Belleview Avenue with the railways.
Construct an interchange at the intersection of
South Santa Fe Drive and West Belleview Avenue.
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2. u.s. 285:
a. Construct an interchange at the int<·rsection of
Sou th University Boulevard and U.S . 285.
3. Be llev i ew Avenue:
a. Construct Belleview Avenue to f our lanes fro m
Sou th P e o ria Street to South Sheridz n Boulevard.
b. Con stru ct an interchange at the int rsec tion of
West Belleview Avenue and South Bro~dway.
c . Install storm inlets on the north side o f West
Belleview Avenue from South Elati S1reet to
Big Dr y Creek.
II. Requests relative to the Federal Aid Urban Syste m.
A. Additions to the Federal Aid Urban S ystem.
1 . South Clarkson Street from East Yal e Av Enue to
u .s. 285.
2. West Floyd Avenue fro m South Downing S tr eet to
South Zuni Street.
B. Construction Projects on the Federal Aid Ur ba n System:
1 . South Broadway f rom Ya le Avenue to Floyd Avenue.
To be widened t o the same width as South Broadway
from U.S. 285 to Quincy, providing left-turn pockets
and landscaped median.
2. South Clarkson Street: To be constructed to two
lanes from U .S. 285 to East Orchard Avenue.
3. South Windermer e S treet: To be constructed to two
lanes fr om West Oxford Avenu e t o Gates Parkway.
4 . West Floyd Avenue to be constructed to t wo lanes
f rom South Huron Street to South Zuni Street .
5. Quinc y Avenue: To be co nstruct ed to four lanes
fr om I-225 t o Sou th Simms Street.
AYES: Tanguma, Wad e , Jones, Jorgenson , Parker, D. Smith , Ed Smi th
NAYS: None
ABSTA I N: Williams
ABSENT: Pi erson
The mo tion carried .
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No priority has been assigned to these requests.
By Order o1 the City Planning
and Zoning Commission .
Gertrude G'; Welty
Recording Secretary
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I A Construction Projects on Federal Aid Interstate System
PRCPOSED
AIRPCR T DIAGONAL RCVTE
N
Je we ll
Ya l e Ave
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Bo wles Ave
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County L1ne Rd
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troctd 9 ·29·7'6 by trlJ . "'
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Englewood, Colorado
I B Construction projects on the State Highway System
CITY Of ENGLEWOOD
.... ,, ...
us 285
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a W1den to s ix lone major arterial I -'-·-·--· b lnterehange ' ,. , ..:-~
c Grode Separation ' -~ d.lmprove . L-? Grode Separation
Interchange ~.Grode Seporat!on
.Grode Seporot1on
i lnterchanQe • I • •
2 . U.S. 285: Interchange
3 . Belleview:
a. Widen to four lanes
b. Storm inlets
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Englewood, Colorado
II A Additions to the Federal Aid Urban S)·stem
CI TY OF EN GLEWOOD
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I. Clarkson : East Yale to U.S. 285
2 . Floyd : Downing to Zun i
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Englewood , Colorado
II B Construction projects on the Federal Aid Urban
CI T Y OF EN GL EW OOD
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Broadway : Widen to some width from Yale to Floyd
as from U.S . 285 south
2 Cla rkson : Construction to two Iones from U.S . 285 to Orchard
3. Win dermere : Widen to two Iones from Oxford to Gates Pllwy.
4. Floyd : Construc tion to two Iones from Huron to Zuni
5. Qu i ncy : Construction to two Iones from 1·225 west to Simms
"''
System
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COUN CIL ACTIO N REQUEST
LIQU OR AN D J .2 BEER OUT LETS
APPLICANT :
Sa. 6 es.aty S.toJtu , 1 nc •
12 5 EtU>.t Hampde.n Ave.I'!LLe.
Engl~od , CO 80110
TYPE OF ACTION REQUESTED :
Re.n~-3.2 Be.e.Jt, o66 pllem..i.l>e.6
Ex.p.i.Jtu -Ve.c.vnb e.Jt 3 , 1976
POLI CE AND FB I RE PORTS :
••
PREVI OUS CITY COUNCIL ACTIONS DURI NG PRIOR TNO YEARS,
EXCLUDING ANNUAL RENEWAL:
CI TY ATT ORNEY'S REV I EW:
COMMEN TS:
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STATE OF COLORADO
DEPARTMENT OF REVENUE
RENEWAL APPLICATION FOR 3.2%
,_
• DO NOT WltiTE IN TH IS ~PACt
FERMENTED MALT BEVERAGE LICENSES
(GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST )
A.fTUGHTING
LIQUOR ENFORCEMENT OFFICER'S ACTION
•• ,110\'A.l ,...., '
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A.UTHOitiTY If
lfQUIUO SEN D
TO COtOlA.OO
Of.P ,Ul MfN1
SAFfWA Y STCflES I , C
\:>04
12 5 T H.At'PD !:..'l
F.:N !~L E'I\L C D Cl 11 11 0
APPROVED 9 -ff --.2~
DAfE
DISAPPROVED
DATE Of IIEvtNUl .
ST A.l[(A.PITOI.
A.NNU ll1~
SHUM.AN $1
OfNVU Cot()
IO?OJ
~INS(f?'-o/c>Nf NO ---
~~~~
OHIC U'S_!IG NAT~IU
I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION fD)~l?nnfQlr.Jl "i7flfln~ @!f[pfDl\VJ
EXCEPT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STR!JCTURE. lffi~ U ®lffilKJ U UlJ[l~ __ ~~l.( U
siGNAruu ;?d~-R.L.KRETfTfEL~ Dzv. OoN'l'ROLLER
(IF THERE IS A CHANGE I:01~SHIP DO NOT USE THIS FORM. USE AN ORIGINAL APPLICATION.) .
·IMPORTANT MANAGER's N AME .Eu~NE P. SAU~R MAKE cHEcK oR MONEY
SE E IN STRUCTIONS
ON THE REVE RSE
SID E.
If APP LICANT IS A CORPORATION . Fill IN REVERSE SIDE .
NEW TRADE NAME
RENEWAL APPLICATION FOR 3.2% FERMEN TED MALT BEVERAGE liCENSE FO R THE YEAR ENDING
U.M ACCOUNT N UMtllt ~ l1 AI Illt1' I Nf O itMA.ti()H
iii.U tflttlNCf ,.,., U""lt'< O.&lf
0 1-? sot 1-1 7 5 10 OL 1 01 8 3 2 )'t 7 u
I
1 2 037 7
ORDER PAYABLE TO THE
COLORADO DEPARTMENT
OF REVENUE .
TOTAL FEE (S)
FEE TYPE
J "3 .2
C ITY
NAME AND DESCRIPT ION OF LICENSE
P i:K Cf: ·1 11'E t-'ET A! l llC E NS O:
5 Pl:t'.Lt· ;T L:..t• FEE
(The follow ing affidavit to be "gned and a ck nowledged by indtvidvo h. and
(II applic ation is fo r importe r'i license , '""" state of b ut.t ne u residence
f, ..:.:>. J-.: j
-i
$ 2 l.c.5 J
each member of partnerships and b y corporations)
STATE OfZ~~ 0..A.LIFORNI.A }
County ol A L.A TfE D..d SS
)
R. J. Y.A .N ilE11ERT
, being b y ftrst duly sworn , if fo r himself , deposes and W~ys; that he is the applicant above
named; or that he IS SEc R.E T ..4R r o f the above named corporation: That "'• has read his original application and
that he knows the contenh thereof . and that all maMe rs a nd thmgs therein Mt forth ore true of his ow n knowledge, and he ogrH s to
co nform to all rules and regulattons pr omulgated by the DEPARTMENT OF RE VENUE IN CONNECTION THEREWITH .
SU BSCRIBED AND SWORN TO BEFORE ME
THIS 17th
INDIVIDUA l S AND All MEMBERS OF PARTNER SHIP OR PRES OR SEC Y Of COR,.
MUST SIGN HERE ,
o F '/\ ~epbfmb~r . •• 76
·----:::ftr Citu #(. ~~
.,ucH s~~., Diane M. ton~' ... Y l'uauc
MY CO,.M/SSION EX PIRES 1/22/78
REPORT AND APPROVAL OF LOCAL LICENSI•G AUTHORITY
(MANUf.t.CTU REiiiS WHOLESALERS , IMPORTERS AND llAILROAOS OISREGA.RO THIS SECTION)
!~~ C:~g i ~~ r~:~l~o t;h;, ~:c1h ~:=~~ ex,~m;r~dnted."d w1l~he me~:·,'h~"';•o~::;~l~ r:~:~r~'!-!h 0 :1 ~~:oro:~~~h bo~~~he onJP~h:nt d~~res 101!'/o~hi '
•nhob•tonh, and comp ht!s w1th the provltlons of Title 12 , Article 46 , CRS 1973.
THE REFORE THIS APPLICATION IS HEREBY APPROVED
DATED AT THIS DAY OF • AD 19
(NAME Of TOWN, CITY OR COUNTY)
BY
(MAYOR 05l CH AIRMA N OF BO ARD Of COUNT Y. COMMISSIONERS OR OTHER TITLE Of LICENSING AUTHORITY .)
ATTEST
{ClE RK O il S E CR~U.RY OR OTHER OF FICER HAV ING THE OFFICI Al SEAL OF THE LICENSING AUTHOIITY )
C' the prem•ses ore located W1fh1n f o to wn ::m!','~,o~=~" ~t;:dve the o~~;~~~~~ ~~~~ld b~:,J~gn1t :; '::din:~~:' 0~ndoth::{ ... if ,;:. oloc~un~en~ o ~t h:r~ty c~~"::'e 0~th!~e or.:~~ ~henco~:~h approva l sho ul d be g iven by such off ici al )
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0.AKL.AND " . .AL.ArrE D.A
u .. lf.ABCH 24, 1926
, .. ,. C.ALI TOBif I A
.APBIL 6, 1976 I ~ , I .... .. 0.:: .• ... :.• ..
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WrLLI.Arr lfr~cHELL
F. CoLLIIfS AssT.
;5:5 L.ANE a~., O.AKL.AIID, C.J.Lr,..
780 0.J.K Gao.,.E, CoNCORD, a.A.
15 lfoNf'.ALVo AvE., S.J.N Fa~o11.
fJ785 H.AasoaD DB., O.AKL.J.IID, a ...
507 CoLurrBIII~, GoLDEII, CoLo.
9/19/14
9/20/18
:5/05/14
:5/18/22 J.ArrES If. lfcGINTT
R. J. Y.AN G~taBT
EuGEifE P. S.~ouEB
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10/:50/40
As 01' ~H~ D.A~E ~B~OF, APPLIC.AN~ HAS NO ·S~OCKHOLArBS OWifiifQ OB
CON~BOLLINQ 10% OB rroM 01' ~HE C~PI·f'.AL Sf'OCK 01' ~Ia COBPOBA'l'ION.
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M E M 0 R A N D U M
TO: Wi II iam D. James, Director of Finance
FROM: Robert R. Holmes, 01ief of Pol ice
DATE: September 20, 1976
SUBJECT: LIQUOR OUTLET CALLS -SAFEWAY, INC .
Please be advised the police department has received no ca l Is during the
past year in connection with the I iquor I icense for the above establishment.
~~~-~~ ~-~l .mes
Chief of Pol ice
ez
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CO~Kj f AG1'l0N REQUEST
LIQTJJP Nlf . ;: BEER OUTLETS
APPL!CANT:
S e.v en Ete.v en S.tOJt.e.
1277 Ea4.t Hampden Avenue
Engl0Waod, CO 80110
TYPE Cli.' ACT I 01~ R.EQUE[-;T F.D:
Re.nwaf. -3.2 Be.eJt, o6 6 p!tem.U,r~
Exp~eh -NovvnbeJt 30 , 1976
POLICL AHD ?!"': l.E 'O'l"'S:
Encl.oHd.
, .
PREV IOUS CITY COU NCIL AC TI• ·!·'•' JU RING PR I OR TWO YEARS,
EXC LUDING /.NNUAJ.. F l'IIJ:V.!J :
CI1.M.:tiTS·
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(R EV . 1 0175 ) STATE OF COLORADO
DEPARTMENT OF REVENUE
RENEWAl APPliCATION FOR 3.2%
FERMENTED MAlT BEVERAGE liCENSES • 00 NOT WRITE IN TH IS Sfi 4 CE
(GET APPROVAL OF LOCAL liCENSING AUTHORITY FIRS T) liQ UOR ENFOR CEMEN T OFFICER 'S ACTION
AJ IUGETTI"'G
APPROVAl
Of l OCAL
I IC f NSING
o\UT HOIIII'f, If
IIE OUIIED SEN D
TO COlOU.DO
DtP ... l !MfHT
Of llfVt N Uf
ST AH C API TOl
ANN f l.. 137~
S"UMAN ST
OfNVU COl O
00103
sc•u n L A ~ , c f " IJ
1.1 S T 1 ~ l 1-'! ~.
s ~ vt · H ~V E-1\ ~ T I
I' 1,: J U l S 6
1£71 ,. t-.. r-p ,· f-I
lo~l>l ~\· r ·~
~ R ,r
'L l l J
I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICAT ION
EXCEPT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STR ~CT I/J
. 7~
APPROVED
DI SAPPROVED
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DATE
Dot.TE
._,
IS FORM 'u ;e:i"AN~NA L APPli CA TION .)
/--"='?<~t:--'-<·~~/~~ MAKE CHECK OR M O N EY IMPORTAN T
SEE II<SIRUC IIONS
ON !HE REV ER SE
SID E
'/ O RDE R PAY ABLE TO TH E
COLORADO DEPARTME NT
IF APP LI C ANT IS A
NEW TRADE NAM E OF REV EN UE .
REN EWAL APPLI C ATION FOR 3 2% FE RM ENTED MAl l BE VCRAGE LI CENSE FOR TH E YE AR END IN G TOTAl FEE (S)
UW: ACC OUN t H UM8U ~ ti A tll ll't N f 0 1!Mid i 0 N
l 13 u 7 1
7« .::!.J/1
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TYPE NAME AND DESC RIPTION O F liCE NSE FE E
j j .l. I'··. { ' . 1 r f~t t I C F S :--·-.) • d J
C. 'J ll ~. T Y r :::; I' • R t., 1\ 1 "-,: ~
(The fo llow•ng o tf•dov•t to b e $tgned and a cknowledged b y
(If oppltc otion ·~ fo r •mpo rte r's ltcense uuert 'to te o l bustneu restd e nce
SlATE O F CO l ORADO
Co unty o l Denve r } ss
me mber
cP, I · :;; .("
·ll I.._' • \.,
of portners hlps ond b y corporations)
)
Gene Ford , betng by me ftrs t duly sworn , tf for htmself d e poses and 10ys, fho t he '' the applicant abo ....
nomed ; or tha t he ''As sistant S ecr e tacy the abo ve named corporo hon That he ho• reod hts or•o •nol applic ation and
th at he knows the conte nts the reof o nd that oil moH e n and thtnQ s there•n \et fo rth ore tr ue of h,, o •n knowledge, o nd he o grH I to
conform to oil ru le, o nd regul ottom p ro m ulgated b y th e DEP ART MENT Of REVEN UE IN C O N NECTtON TH EREW ITH
SU &SC RI8f 0 AN D SWORN TO &HO lt £ ME
THI S lOt h
m Sep t~er 176 ;r-:1
tLu..._ <Z -~ 4 1 '~ NOW ' M "C
MY COMM ISS ION EXPUlES 4-21-77
THE REfOR E !HIS API'liC AIION IS HER EBY APP ROVED
D AY
INOtVIOU AI S A.N O .t.ll MEM &Eit S Of P.t.lt l...,ERS tHII' OW PIES O lt S£CY Of CottP
MUS l StG N HUE
D A TE D AI !HIS D AY OF • AD 19
(N AME Of !OWN . CITY O R CO UN TY)
BY
(MAYOR O lt CH.t.IR M.t.N OF BO .t.R O OF C OU NT ~· CO MM ISS IO NER S OR OTH ER TITlE OF liCE N SING AUTHORITY .)
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Jere w. T"nompson
Joseph s . '"Iar~11n
R. o. ~th
R. G. bn1th
Jerrie Spr1ast1eld
The l 'hilp Conpa111
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.... .Aa.
Dalles Dallas
April 15'9 lW'S
4217 Armstrong i kwy. 9 Dallaa
·;~~c ~~mbark Dallas l~v't. ~ileyeane il., J lichardaon
l~Ch Cbeyen."l I-1., !1!ehu~ son
7 20 .: •• ·1erce, LU(;t-!OC..l
l/18/32
lO/l.l/15'
3/V23
3/3/2~
'5/9/36
2828 II. llaske~.1 . 1~.6~ Texag Corp.
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MEMOR ANDUM
TO: Wi I I iam D. James, Director of Finance
FROM: Robert R. Holmes , Chief of Pol ice
DATE: September 20, 1976
SUBJECT: LIQUOR OUTLET CALLS -7-ELEVEN, 1277 EAST HAMPDEN AVE.
Please be advised the pol ice department has received no cal Is during the
past year in connection with the I iquor I lcense for the above establishment.
Chief of Pol ice
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COUNCIL ACTION REQUEST
LIQUOR AND J ,2 BEER OUTLETS
APPLICANT:
Na..Uottai. Food/,
4160 S ou..th BMadwa.y
Englewood, CO 80110
TYPE OF ACTION REQUESTED :
Re.newo..t -3 • 2 Be.eJL, on n p!teJn.U. u
Ex~e.h -NovembeJL 4, 1976
POLICE AND FBI REP ORTS :
Enc..to!>ed .
PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS,
FXCLUDING ANNUAL RENEWAL :
CITY ATT ORNEY'S REVIEW:
COMME NTS:
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AfiUGUliNG
AJ'f'llt0V AI
Of lOCAl
UClN"-ING
"UIHOittlY , tf
ltf0UI IIt(0. ~END
10 COlOIAOO
Df"A..IItlMI:N T
Of llt(V(NUE .
Sl AT( C.Af'ITOl
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STATE OF COLORADO
DEPARTMENT OF REVENUE
RENEWAL APPLICATION FOR 3.2%
FERMENTED MALT BEVERAGE LICENSES • 00 NOT WltiTE IN THIS SPACE
(GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRSTI liQUOR ENFORCEMENT OFFICER 'S ACTION
I ,.1 T i '"·A L f t:l< CJ 9-~-!/C APPROVED DArE
~·ill -··!:, :)UI'r, 1"1,, I ulv'
,, ..-' T 1 '' "'L SUi>c:K, ~r·f'~.-T DISAPPROVED OAT(--
••t L I JJ ;,, Fu\.!U .>
ANNU 131) <t.l uU ::, g[;.,y
~UM.t.NST
[)fNVft COlO l 'IJGL ,•,_ L LJ C.u o l 1 lu 00>03
~~'}~-
OiftCtllt'L$KiNATUtt
I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION rg:(~'1f'nn[O)r.iJ 'if'flfln~ . (ill([jlfDl\Vl
EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . uulS U \2JlJl)U\J U UlJU~ _l.!:l)l!:!)Lf' U
SIGNA lUll
.(IF THERE IS A CH ANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPliCATION .)
IMPORTANT
SEE INSTRUCTIONS
ON THE REVER SE
SIDf..
MANAGER'S NAME Sal Vella
IF APP liCANT IS A CORPORA TION , Fill IN REVERSE SIDE .
NEW TRAD E NAME
RENEWA L APPli CATION FOR 3.2% FERMENTED MAlT BEV ERAGE liCENSE FOR THE YEAR ENDING
UW ACC O UNT NUMIU Po-l!AI II I TY I NfQINIA IIQ N
(on "'"
v.l-l.l3 SU-Ol7 l u UUo .lUi ~ J 1!U4 tY
TYPE NAME AND DESCRIPTION OF liCENSE
..; :>.l i'_f.. --~"T <.d:r< ··-T~lL LlL ::.~S t.
110377
MAKE CHECK OR MONEY
ORDER PAYABLE TO THE
COlORADO DEPARTMENT
OF REVENU E.
TOTAL FEE (S) ....,
l
s 4o.2 !> J
FEE 1
S 2!>.00 I -,
J
_s 21.25 1
(The follow.nv affidavit to be s1 gned and ackno wledged b y •nd1V1duols and each member of partnerships and by corporottons)
{If applicatio n is for importer's license, 1nsert state of b usmeu residence )
STATE OF~ Illinois
County of Cook
, being by
named , or that he ,, Asst. Sec retary
that he lr.n o ws the contenh thereof and that all
c:on form to all ru les and regulot•ons promu lgated
SUISC"'I~D ~ND SWOR" TO lfFORf ME
TH IS 16th
0 , Sey tember _a ... _:_ ... if .
A.TT ACI-I Sf Al j
MY CO"""'ISSION EXPIRES
The anginal opphc ollon
and we do repo rt that
tnh ob•tonu. and complte S
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NOT A Il l 'UI UC
THEREFO RE THI S APPliCATION IS HEREBY APPROVED
} ss E. J. Gorczyca
f•nt duly sworn , 1f for h i m~elf, deposes and says; that he is th• oppftcont obow
of the above named corporatio n. That he has read his origina l opplfcotion and
monen a nd th1ngs there1n set forth are t rue of h" own know~~. and hll ogr~ to
by rho DEPARTMENT OF REVENUE IN CO NN ECTION THEREWITH .
IHDIVIOU ALS AN D All MEM8ER S OF PARTNER SHIP 0« ftltfS OR SECY Of COWP .
"-"USJ StG N HEitf
DATED AT THIS DAY OF , AD 19
(NAME OF TOWN , CITY OR COU NTY )
BY
(MAYO R O R CHAIRMAN OF BOARD Of COUN rt' CO""""'ISSIONEitS OR OlHU TllU OF UCENSING AUTHOR ITY .)
ATTEST ,
(ClE RK OR SE CREU.ItY OR OTHER OffiCER HAVING THE OffiCIAl SEAl Of THE liCENSI NG AUTHORITY .)
c ~ ·~·. p:h:;:~n or:. ~~~:~·~oo~~h·:. 0 co';;;; :;m~·.~~o~=~l ~~~ve the o~:;~~~~~ ·~~~ld b:rd'9",t :; ~~~'":~::' o~nd ot~~.!.' ... '' ~: a kx~i"7~en~
outhonty " 'lOme other off1dol, then sucn opprovol 1hould be g i..,.n by such off•c •ol .)
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Illinois
Chicago Cook
"' Feb. 6, 1902
Illinois
. · ,. . March 1975
''
9701 w. Higgins Rd., Rosemont N/A .. .. N/A
" .. N/A .. " N/A
Valdon Schulz
John Loper
Sheldon Durtsche
Bennett Berman
Sal Vella 11490 West 76th Way, Arvada, Co • 1/17/37
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No stockholder owning 10% of the capital stock is a resident of the State
of Colorado. No director, officer, or stockholder controlling 10% of the
stock of the corporation has any interest in any liquor license of any type
in the State of Colorado.
National Tea Co. stock is actively traded on the New York stock exchange.
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MEMORAN DU~1
TO: Wi II iam D. James, Director of Finance
FRJM: Robert R. Holmes, Ch ief of Pol ice
DA TE: September 20 , 19 76
SUBJECT: LIQUOR OUTLET CALL S -DEL FARM , 4160 S. BROADWAY
Please be advised the pol ice department has received no calls during the
past year in con ne ction with the I iquor I icense for the above establishment.
~~~
Chief of Police
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INTRODUCED AS A BILL BY COUNCILMAN SOVERN
BY AUTHORITY
ORDINANCE NO. ~~ , SERIES OF 1976
AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4,
TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED,
BY INCREASING SEWER TAP FEES AND INCREASING THE COST OF SEWER
MAIN EXTENSIONS, WITHIN THE INDUSTRIAL AND COMMERCIAL AREAS,
BOTH INSIDE AND OUTSID~ THE CORPORATE LIMITS OF THE CITY OF
ENGLEWOOD.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, as follows:
Section 1.
That subsection (a) of Section 5, Chapter 4, Title XI,
1969 E.M.C., is hereby amended to read as follows:
15-4-5: SEWER TAP FEES
(a) At the time of filing the application,
the following sewer tap fees shall be
paid:
Property Use Basic Unit Outside City
(For Treat-
ment Plant)
Inside City
(For (For Treat-
Sewersi ment Plant)
(1) Industrial By tap size
and com-6" Si.,%25 1,500 $ &+5 900 $l,l25 1,500
mercial 8" 2,25Q 3,000 ~5Q ]JlOO 2,25Q 3,000
10" 3,3+5 4,500 i!.,Qi!5 2,700 3,3+5 4,500
12" 4,875 6,500 3,225 4,300 4,8+5 6,500
(2) Single and Each
multifamily dwelling
dwellings unit 45Q 600 Actual cost 45Q 600
(3) Schools Each 12-pupil Actual cost
capacity 45Q 600 45Q 600
{4) Hospitals Each 4-bed Actual cost
capacity 45Q 600 45Q 600
(5) Mobile Each 3 sites Actual cost
home 45Q 600 45Q 600
courts
(6) Churches Per tap 45Q 600 Actual cost 45Q 600
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That au Ord.inance, and Part, Of Ordinance, in Conflict herewith are hereby expre,,ly repealed.
on the 20th day of September, 1976. Introduced, read in furr and pas,ed on fir•t reading
PUbli•hed as a Birr for an Ordinance on the 22nd day
of September, 1976.
day Of October, 1976.
Read by title and Pa••ed on Einar reading on the 4th
1976, on the 6th d•y Of October, 1976. Published by titre a, Ordinance No. -----_, Series of
ex of ~c~o C~ty Clerk-Treasurer
I, William D. James, do hereby certify that the above and foregoing i, a true, accur•te and complete copy Of the
Ordin•nce , passed on finar reading •nd Pubri,hed by title '' 0rdin•nce No. -----_, Serie, Of 1976.
-ex-o f~c~o C~ty Clerk-Treasurer
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Section 2.
That all ordinances and parts of ordinances i n conflict
herewith are hereby expressly repealed.
Introduced, read in full and passed on first reading
on the 20th day of September, 1976 .
Published as a Bill for an Ordinance on the 22nd day
of September, 1976.
Read by title and passed on final reading on the 4th
day of October, 1976.
Published by title as Ordinance No.
1976, on the 6th day of October, 1976 .
MAYOR
ATTEST:
e x off~c~o city Clerk-Treasurer
_______ , Series of
I, William D. James, do hereby certify that the above
and foregoing is a true , accura te and complete copy of the
Ordinance, passed on final readi ng and published by title as
Ordinance No. , Series of 1976.
ex officio C~ty Clerk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN SMITH
BY AU THORITY
ORDINANCE NO. 4~ , SERIES OF 1976
AN OR DINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLE-
WOOD, COLORADO, THE CITY OF LITTLETON, COLORADO AND MOTOR CRANE
SERVICE CO. RELATING TO A PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT.
WHEREAS, the City of Englewood , the City of Littleton
and Motor Crane Service co. are desirous of entering into an
Agreement granting the City of Littleton a permanent easement
and temporary construction easement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
That the City of Englewood, Colorado,shall enter
into an Agre ement with the City of Littleton, Colorado and
Motor crane Service co., according to the provisions of that
certain written instrument captioned "Agreement", which is
attached hereto, consisting of six (6) typewritten pages and
is hereby incorporated by reference herein. Said instrument
,_
provides as follows:
1. Littleton shall initiate, without further negotiation,
a proceeding in condemnation in the District court of
Arapahoe County, Colorado, whereby Littleton shall
seek to condemn the interests of Englewood and Motor
Crane, if any, in and to the property encompassed
by the permanent easement and temporary construction
easement described in Exhibit "A" attached to said
Agreement, and by the specific reference incorporated
therein.
2. Englewood and Motor Crane agree that upon the filing
of said condemnation proceedings, Englewood and Motor
Crane will each stipulate and agree that the fair and
reasonable market value of the said permanent easement
and temporary construction easement shall be in the
amount of $21,000.00 , and upon the filing of said
Stipulation in the said condemnation proceeding, the
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City of Littleton shall deposit with the Registry
of the District Court of Arapahoe County in said
proceedings, the sum of $21,000.00 to thereafter be
held by the Clerk of the District Court of Arapahoe
County, subject to Order of Court so directing, in
an interest bearing account for the use and benefit
of Englewood and Motor Crane, as their interests in
and to the property emcomRassed by the permanent
easement and temporary construction easement may
be hereafter determined in said condemnation pro-
ceedings.
3. Upon execution of said Agreement, Englewood and
Motor Crane shall execute a conveyance unto Littleton
of the permanent easement and t .emporary construction
easement, as defined in Exhibit "A" of said Agreement.
4. Upon deposit of the sum of $21,000.00 by the City
of Littleton with the Registry of the District Court
of Arapahoe County, Englewood and Motor Crane shall
stipulate and agree that an Order may enter in said
proceeding determining the fair and reasonable market
value of the said permanent easement and temporary
construction easement to be in the amount of $21,000.00
and declaring that on account of said payment into
the Registry of the Court, title to said permanent
easement and temporary construction easement shall
be vested in Littleton.
5. Upon payment of the said sum o f $21,000 into the
Registry of the District Court of Arapahoe County,
said sum shall remain on deposit therein for the
benefit of Motor Crane and Englewood, pending
appropriate Court Order (whether in the said
condemnation proceedings filed by Littleton or
otherwise) , or by agreement of Motor Crane and
Englewood, establishing the respective interests of
the said parties in and to the subject property
and the values thereof.
Section 2.
The City Council of the City of Englewood, Colorado
hereby authorizes the Mayor of the City of Englewood, Colorado,
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to subscribe his name to said Agreement on and in behalf of the
City Council and the City of Englewood, Colorado, and the
Director of Finance, ex officio City Clerk-Treasurer attest
the same.
Introduced, read in full and passed on first reading
on the 20th day of September, 1976.
Published as a Bill for an Ordinance on the 22nd day
of September, 1976 .
Read by title and passed on final reading on the 4th
day of October, 1976.
Published by title as Ordinance No.
1976, on the 6th day of October, 1976.
MAYOR
ATTEST:
ex officio City Clerk-Treasurer
______ , Series of
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance, passed on final reading and published by title as
Ordinance No. , Series of 1976.
ex officio City Clerk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN SOVERN
BY AUTHORITY
ORDINANCE NO. yq , SERIES OF 1976
AN ORDINANCE AMENDING CHAPTER 2, TITLE IX, OF THE 1969 E.M.C.
BY ADDING A NEW ARTICLE III THERETO, LEVYING AND FIXING A
LICENSE TAX ON ALL PERSONS CONDUCTING OR ENGAGING IN THE
BUSINESS OF PROVIDING ENTERTAINMENT OR AMUSEMENT AND COLLECT-
ING AN ADMISSION CHARGE FOR SAID ENTERTAINMENT OR AMUSEMENT;
PROVIDING FOR THE PAYMENT AND COLLECTION OF THE TAX; PRE-
SCRIBING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; AND,
RENUMBERING THE SECTIONS CONTAINED UNDER ARTICLE IV OF SAID
CHAPTER 2.
BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF
ENGLEWOOD, COLORADO; as follows:
Section 1.
That Chapter 2, Title IX, 1969 E.M.C. is hereby
amended by adopting a new Article III, to read as follows:
CHAPTER 2
AMUSEMENTS
ARTICLE III -ENGLEWOOD ADMISSIONS TAX
9-2-31:
9-2-32:
9-2-33:
9-2-34:
9-2-35:
9-2-36:
9-2-37:
9-2-38:
9-2-39:
9-2-40:
9-2-41:
9-2-42:
9-2-43:
Definitions.
License Tax Based on Admissions.
Filing of Statement and Payment
of Tax.
Exclusions.
Temporary Amusements and Enter-
tainment, Bond and Permit Required.
Inspection of Records.
Records.
Liens for Unpaid Taxes.
Penalties for Non-Payment.
Determination of Tax Due By
License Officer .
Violations and Penalties.
Repeal of Confliction Ordinances.
Severability.
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9-2-31: DEFINITIONS
When used in this ordinance and unless otherwise
distinctly expressed, the following words and phrases shall
have the meaning set herein:
(a) Admission Charge. The term "Admission Charge"
shall mean any charge for the right or privilege
to any entertainment or amusement and shall in-
clude, among others, the following: all charges
for seats, chairs, tables, benches, reserved or
otherwise, and other similar accomodations: all
charges made for food and refreshment where any
free entertainment is provided other than by
mechanical means: all charges made for the use
or rental of equipment or facilities for pur-
poses of entertainment and amusement unless
persons not using the equipment or facilities are
admitted free: and all automobile parking charges
where the charge is determined by the number of
passenger in an automobile.
(b) Entertainment or Amusement. The term "Entertain-
ment or Amusement" shall include, among others,
the following: circuses, motion picture shows,
shows of all kinds, all sporting contests and
athletic events, including exhibitions, concerts,
lectures, vaudeville, bowling, dancing, swimming,
golf, and bathing, sideshows, amusement parks and
all forms of recreation therein, billards, pool,
operatic performances, theatrical performances,
and any other form of diversion, sport, pastime
or recreation,
(c) Person. The term "Person" shall include an
individual, firm, corporation, company, partner-
ship, association, an unincorporated association,
and any person acting in a fiduciary capacity.
(d) Taxpayer. The term "Taxpayer" shall mean any
person who cQnducts or engages in the business
of providing entertainment or amusement.
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9-2-32: LICENSE TAX BASED ON ADMISSIONS.
There is hereby imposed on every person conducting
or engaging in the business of providing entertainment or
amusement to which a charge is made for admission within the
limits of the City of Englewood, a license tax of 3% of each
admission charge. Said license tax is an addition to all other
taxes imposed by law.
9-2-33: FILING OF STATEMENT AND PAYMENT OF THE TAX.
Every person conducting or engaging in the business
of providing entertainment or amusement and imposing a charge
for admission within the limits of the City of Englewood, shall,
on or before the fifteenth day of each month, file with the
City License Officer a statement signed and sworn to by such
person indicating the number and respective prices of admis-
sion charges collected by such person during the next preced-
ing calendar month. A remittance for the amount of the tax
levied by this ordinance shall accompany the statement.
9-2-34: EXCLUSIONS.
This ordinance shall not apply to any person conduct-
ing or engaging in the business of providing entertainment or
amusement where admission charges are to be used exclusively
for charitable, eleemosynary, educational or religious purposes.
9-2-35: TEMPORARY AMUSEMENT AND ENTERTAINMENT, BOND AND PERMIT
REQUIRED.
Every person conducting or engaging in the business
of providing temporary or transitory alllusement or entertain-
ment and receiving admission charges for the same shall be
subject to the tax levied by this ordinance. Such persons
shall obtain a permit from the City License Officer at least
twenty-four hours in advance of any operation conducted within
the City of Englewood. Such persons shall file a statement
and remittance on the day following the conclusion of the
operations or at such reasonable time or times as the License
Officer shall determine; provided, however, that before a
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permit shall be issued under this section, the applicant for
the same shall deposit with the License Officer a sum of money,
or bond in lieu thereof, conditioned upon the faithful compliance
with the provisions of this section, in an amount to be de-
termined by said License Officer as sufficient to cover the
admission taxes which shall become due and owing upon the con-
clusion of temporary or transient operations.
9-2-36: INSPECTION OF RECORDS.
The City License Officer, either personally or
through his authorized agents, shall have the right to inspect
and examine the records of every person subject to the tax
imposed by this ordinance.
9-2-37: RECORDS.
All records of every person conducting or engaging
in the bus iness of providing entertainment or amusement shall
be retained for a period of three years.
9-2-38: LIENS FOR UNPAID TAXES.
A tax due and unpa id under this ordinance shall be
a debt to the City of Englewood. It shall be a personal
obligation of the taxpayer and shall be a lien upon all the
property of the taxpayer. Said lien shall have priorty over
other liens and obligations except those due to the State of
Colorado and the United States. Said lien shall be enforced
by the City License Officer as any other lien would be enforced
against a defaulting debtor.
9-2-39: PENALTIES FOR NON-PAYMENT.
A taxpayer who fails to remit the amount of the tax
when due shall, in addition to all other penalties, pay a
penalty of 10% of the amount of the tax d~e. Far each succes-
sive two days elasping before payment the~e shall be added an
additional penalty of 5%.
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9-2-40: DETERMINATION OF TAX DUE BY CITY LICENSE OFFICER.
If a taxpayer fails to file a statement, or the
License Officer has reasonable cause to believe that an erro-
neous statement has been filed, the License Officer may pro-
ceed to determine the amount of the tax due, and in connection
therewith, shall make such investigations and take such testi-
mony and evidence as may be necessary; provided, however, that
the taxpayer shall be given notice and an opportunity to be
heard before any determination is made by the License Officer.
9-2-41: VIOLATIONS AND PENALTIES.
Every person who willfully violates any of the
provisions of this ordinance shall be g~ilty of an offense
hereunder and upon conviction thereof shall be liable to a
fine or penalty of not less thar. $35.00 nor more than $300.00
or by imprisonment not to exceed ninety days, or by both
such fine and imprisonment for each offense.
9-2-42: REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances of the City
of Englewood in conflict with the provisions of this ordinance
are hereby expressly repealed.
9-2-43: SEVERABILITY.
Each of the provisions of this ordinance are severable
and if any provision is held invalid, the remaining provisions
shall not be affected but shall remain in full force and effect.
Section 2.
That Section 9-2-41 and Section 9-2-42, Article IV,
entitled, "Miscellaneous Amusement Fees", and "Closing Hours-
Miscelloneous Amusement Houses", respectively, are hereby re-
numbered as follows:
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9-2-50:
9-2-51:
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ARTICLE IV -MISCELLANEOUS.
MISCELLANEOUS AMUSEt.ffiNT FEES.
(No Change)
CLOSING HOURS -MISCELLANEOUS
AMUSEMENT HOUSES.
(No Change)
Introduced, read in full and passed on first reading
on the 7th day of September, A.D. 1976.
Published as a Bill fo~ an Ordinance on the 8th day
of September, 1976.
Read by title and passed on final reading on the
4th day of October, 1976.
Published by title as Ordinance No.
1976, on the 6th day of October, 1976.
MAYOR
ATTEST:
ex officio City Clerk-Treasurer
______ , Series of
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance, passed on final reading and published by title as
Ordinance No. , Series of 1976 .
ex officio City Clerk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN
A BILL FOR
AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE
IV, ENTITLED "COUNCIL SALARIES",BY INCREASING SAID SALARIES
FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME
EFFECTIVE DURING THAT COUNCIL TERM COMMENC ING AT 7:30P.M.
ON THE FIRST MONDAY AFTER J ANUARY 1, 1978.
WHEREAS, Section 2l of the Charter of the City of
Englewood initially fixed the amounts to be paid as monthly
salaries to the members of the City Council of the City of
Englewood; and
WHEREAS, the aforesaid initial salaries effective
July 8, 1958, were modified by Ordinance No. 41, Series of
1969; and
WHEREAS, with the growth of the City of Engelwood,
since that date,the duties and responsibilities of members
of the City Council have correspondingly increased,and the
time spent on City business b y the City Council has likewis e
increased, so that it is now appropriate that the future members
of the Englewood City Counc il should receive an increased
compensation over and above that which was initially set in
November 1969.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
That S e ction 41, Chapter 4, Title I of Article IV
entitled "Council Salaries" is here by amended to read as
follows:
1-4-41 Salaries of Councilmen
The monthly salaries of the Councilmen are
hereby fixed in the following amounts:
Mayor . . . . . . . . . . • . . . . . . . . . $i51h·99
Mayor Pro Tern ............. $~~5TQQ
Councilmen ..........•..•.. $~99T99
$250.00
$225.00
$200 . 00
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Section 2.
That the Councilmen's salaries set forth in Section l
hereof shall take effect for all council terms commencing on
or after 7:30 P.M. on the first Monday after January 1, 197R .
Introduced, read in full and passed on f,irst read i ng
on the 4th day of October, 197 6 .
Published as a Bill for an Ordinance on the 6th day
of October, 1976.
MAYOR
ATTEST:
ex officio City Clerk-Treasurer
I, William D. James, do hereby certify that the
above and foregoing is a true, accurate and complete copy
of a Bill for an Ordinance, introduced, read in full, and
passed on first read ing on the 4th day of October, 1976.
ex officio City Clerk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN
A BILL FOR
AN ORDINANCE AMENDING CHAPTER 2, TITLE IX, OF THE 1969
ENGLEWOOD MUNICIPAL CODE, BY ADDING A NEW ARTICLE III
THERETO, LEVYING AND FIXING AN EXCISE TAX IN THE AMOUNT
OF THREE (3%) PERCENT ON THE PRICE PAID TO GAIN ADMISSION
TO ANY PLACE OR EVENT IN THE CITY, WHICH IS OPEN TO THE
PUBLIC; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID
TAX; PRESCRIBING PENALTIES FOR THE VIOLATION OF THIS ORD-
INANCE; AND RENUMBERING THE SECTIONS CONTAINED UNDER ARTICLE
IV OF CHAPTER 2 OF SAID TITLE IX.
WHEREAS, the City Council finds and determines that
it is necessary to raise additional revenue; and
WHEREAS, the City Council is of the opinion that a
reasonable, just and proper manner in which to raise this said
revenue,is by adopting an excise tax on the price paid to
gain admission to places and events in the City, which are
open to members of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
That Chapter 2, Title IX, of the 1969 E.M.C. is hereby
ame nded by adopting a new Article III, to read as follows:
CHAPTER 2
AMUSEMENTS
ARTICLE III -ENGLEWOOD ADMISSIONS TAX
9-2-31:
9-2-32:
9-2-33:
9-2 -34:
9-2-35:
9-2-36:
9-2-37:
Legislative Intent
Excise Tax Based on Admissions
Definitions
Place or Event Open to the Public
Taxable Transactions
Exempt Transactions
Refunds
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9-2-38:
9-2-39:
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Free or Complimentary Admissions,
Admissions at Reduced Charges
City Owned Places and City Sponsored
Events
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9-2-40:
9-2-41:
9-2-42:
Liability, Licenses and Reporting Procedure
License Officer May Require Reports
Responsibility for Collection and Remittance
of Tax
9-2-43:
9-2-44:
9-2-45:
9-2-46:
9-2-47:
9-2-31:
Reporting Procedure
Interest and Penalties
City License Officer Empowered to Make Rules
and Regulations
Repeal of Conflicting Ordinances
Severability
LEGISLATIVE INTENT
It is hereby declared to be the legislative intent
of the City Council of the City of Englewood that on
and after the effective date of this ordinance, every
person who pays to gain admission to any place or
event, in the City, that is open to the public, shall
pay, and every person, whether owner, lessee or operator,
whocharges,or causes to be charged,admission to any
such place or event,shall collect the tax imposed by
this Article.
9-2-32: EXCISE TAX B~SED ON ADMISSIONS
On and after the effective date of this ordinance,
there is hereby levied, and shall be paid and collected,
an excise tax of three (3%) percent on the price paid
to gain admission to any place or event in the City,
which is open to the public. Said excise tax is in
addition to all other taxes imposed by law.
9-2-33: DEFINITIONS
When nut clearly otherwise indicated by the context,
the following terms, words and phrases as used in this
Article, shall have the following meanings:
(a) Identification. The tax levied herein may
be identified as the "Englewood Admissions
Tax."
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(b) "City" means the City of Englewood 1 Colorado.
(c) "Article" means Article III, Sections 31 through
47, inclusive, Title IX, of the 1969 Englewood
Municipal Code, as amended.
(d) "License Officer" or "City License Officer",
shall mean the Director of Finance of the
City of Englewood, or his duly appointed
designee.
(e) "Person" means and includes any individual,
firm, co-partnership, joint venture, corporation,
society, club, association , joint stock ~ompany,
estate, or trust, receiver, trustee, assignee,
lessee, or any person acting in a fiduciary
or representative capacity, whether appointed
by court or otherwise, or any group or com-
bination acting as a unit, including the United
States of America, State of Colorado, and any
political sub-division thereof, in the plural
as well as the singular number.
9-2-34: PLACE OR EVENT OPEN TO THE PUBLIC
The term "place or event open to the public" .. .means
any place or event, the admission or access of which
is open to members of the public upon payment of a
charge or fee. This term shall include by way of
illustration, but not by way of limitation, the following
places and events when a charge or fee for admission to
such places and events is placed upon members of the
public:
(a) Any performance of a mction picture,
stage show, play, concert, or other
manifestation of the performing arts.
(b) Any sporting or athletic contest,
exhibition or event, whether amateur
or professional.
(c) Any lecture, rally, speech or dissertation.
(d) Any showing, display or exhibition of any
type, such as an art exhibition.
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(e) Any restaurant, tavern, lounge, bar or
club, whether the admission charge is
termed a "cover charge", "door charge",
or any other such term.
9-2-35: TAXABLE TRANSACTIONS
It shall be a violation of this Article for any
person who pays to gain admission to any place or
event in the City that is open to the public, to
fail to pay, or for any person, whether owner, lessee,
or operator, who charges or causes to be charged
admission to any place or event in the City that is
open to the public, to fail to collect the tax levied
by this Article.
9-2-36: EXEMPT TRANSACTIONS
The following en tities and transactions are
exempt from the duty to pay, but not the duty to
collect, the tax levied by this Article:
(a) The United States Government and the State
of Colorado, its Departments and Institutions,
and the political subdivisions thereof,
including the City of Englewood, only in
their governmental functions and activities.
(b) Religious, charitable and quasi-governmental
organizations and corporations, only in the
conduct of their regular religious, charitable
and quasi-governmental capacities.
9-2-37: REFUNDS
In the event that an admission price is refunded
for any reason, either before or after an event has
taken place, the tax is not applicable and shall be
refunded along with the admission price.
9-2-38: FREE OR COMPLIMENTARY ADMISSIONS, ADMISSIONS
AT REDU ED CHARGES
The providing of free "passes", "complimentary"
admission tickets, or otherwise, where no admission
price is charged or paid, shall exempt said person
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from payment of the admission tax; however, in the
event that a reduced charge for admiss i on is made,
whether for a pass, complimentary admission or other-
wise, the tax imposed in this Article is applicable
to the amount of such charge.
9-2-39: CITY OWNED PLACES AND CITY SPONSORED EVENTS
The tax levied by this Article shall not apply to
any admission fee paid or charged to gain entry into
any place owned by the City, or any event sponsored
or conducted by the City.
9-2-40: LIABILITY, LICENSES AND REPORTING PROCEDURE
The burden of proving that any transaction is not
subject to the tax imposed herein, shall be upon the
person upon whom the duty to collect the tax is imposed
by Section 31 of this Article.
9-2-41: LICENSE OFFICER MAY REQUIRE REPORTS
The City License Officer may require any person
to make such return, render such statement,or keep
and furnish such records as the said License Officer
may deem sufficient and reasonable to show whether or
not such person is liable under this Article for the
payment or collection of the tax imposed herein.
9-2-42: RESPONSIBILITY FOR COLLECTION AND REMITTANCE
OF TAX
Every owner or operator,who charges or causes to
be charged admission to any place or event that is open
to the public , shall be liable for the collection and
remittance of the tax levied herein. If an owner or
operator of a facility leases or rents such a facility
to another party, which in turn sponsors or conducts
some public event in such facility, then such owner
or operator shall be relieved of the liability of
collecting and remitting the tax,only if the party to
whom the facility is leased or rented is, at the time
of such leasing or rental, licensed to collect and
remit the tax .
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9-2-43: REPORTING PROCEDURE
Every owner, operator or person who has the duty
to collect the tax imposed in this Article, must
obtain, without charge, a license to collect the tax,
and must report on forms prescribed by the License
Officer such taxes, and remit to the City the col-
lected taxes within the following time periods:
(a) For regularly continuing or recurring events,
such as charging admission to motion picture
theaters, reports and remittances must be
filed with the Director on or before the
twentieth (20th) day of the month for the
proceeding ~onth or months under report.
(b) For single non-continuing or non-recurring
events, such as the charging admission to
a single performance of a concert, reports
and remittances shall be due within five (5)
calendar days of the performance or event,
unless specific arrangements are made in
advance with the City License Officer.
9-2-44: INTEREST AND PENALTIES
If remittances and reports are not received on
the due dates specified in Section 43 of this Article,
a penalty shall be imposed in the amount of ten (10%)
percent of the tax liability; and the total amount
due, including tax and penalty, shall bear interest
at the rate of one (1 %) percent per month, or a
fraction thereof until such reports and remittances
are received by the License Officer.
9-2-45: CITY LICENSE OFFICER EMPOWERED TO MAKE
RULES AND REGULATIONS
The City License Officer is hereby authorized
to promulgate rules and regulations regarding the
payment, collection, reporting, and accounting
criteria and periods, settlement of disputes over
payment, refund and enforcement of tax imposed by
this Article. Said rules and regulations shall not
be inconsistent with the provisions of this Article .
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9-2-46: REPEAL OF CONFLICTING ORDINANCES
All sections or parts of sections of the 1969
Englewood Municipal Code, as amended, or ordinances
or parts of ordinances in conflict or inconsistent
herewith, are hereby expressly repealed.
9-2-47: SEVERABILITY
If any part or parts hereof is for any reason
held to be invalid, such shall not affect the remaining
portions of this ordinance.
Section 2.
That Sections 41 and 42 of Chapter 2, Article IX of
Article IV, entitled, "Miscellaneous Amusement Fees", and
"Closing Hours-Miscellanecus Amusement Houses", respectively,
are hereby renumbered as follows:
ARTICLE IV -MISCELLANEOUS
9-2-50: MISCELLANEOUS AMUSEMENT FEES
9-2-51: CLOSING HOURS -MISCELLANEOUS AMUSEMENT HOUSES
Introduced, read in full and passed on first reading
on the 4th day of October, 1976.
Published as a Bill for an Ordinance on the 6th day
of October, 1976.
MAYOR
ATTEST:
ex officio City Clerk-Treasurer
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I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of a Bill
for an Ordinance, introduced, read in full, and passed on
first reading on the 4th day of October, 1976.
ex off~c~o city Clerk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN
A BILL FOR
AN ORDINANCE AMENDING ARTICLE IV, SECTION 50, CHAPTER 2,
TITLE IX, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED,
RELATING TO AND INCREASING MISCELLANEOUS AMUSEMENT FEES
WITHIN THE CITY OF ENGLEWOOD.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, as follows:
Section 1.
That Section 50, Chapter 2, Title IX, Article IV
of the 1969 E.M.C., is hereby amended to read as follows:
ARTICLE IV -MISCELL&~EOUS
9-2-50: MISCELLANEOUS AMUSEMENT FEES
(a) Billards and pool, ewe~~eiiar~-aft~-£i£ey
eefte~-f~~~59r TWENTY-FIVE ($25.00) DOLLARS
per table per year.
(b) Bowling, ~e-~eiiar~-aft~-£~£ey-eeftes-f~~~ser
TWENTY-FIVE ($25.00) DOLLARS per lane per year
(c) Shooting Galleries eeft-~eiiars--t~i9~99r ONE
HUNDRED ($100.00) DOLI~RS per year.
(d) Carnivals, One Hundred ($100.00)Dollars for
t~e first day and Fifty ($50.00) Dollars for
each additional day, payable in advance
(e) Circuses, One Hundred ($100.00) Dollars for
the first day and Fifty ($50.00) Doll ars for
each additional day, payable in advance
(f) Itinerant shows (other than carnival or
circuses) F i fty ($50.00) Dollars for the
first day; Twenty-five ($25.00) Dollars for
each additional day, payable in advance
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(g) AMUSEMENT DEVICE, TWENTY-FIVE ($25 ,00 )
DOLLARS PER MACHINE PER YEAR
For the purposes of sub-section (g) "Amusement
Device" shall mean any machine upon which the insertion
of a coin, token, disc, or key may be operated by the
members of the general public for use as a game,
entertainment or amusement. Said term shall include
such devices as pinball, marble, skill ball, foos ball,
shuffle boards, mechanical grab machines and all games,
operations or transactions si~ilar thereto under what-
ever name by which they are called or identified .
Section 2.
That all ordinances and parts of ordinances in conflict
herewith are hereby expressly repealed.
Introduced, read in full and passed on first reading
on the 4th day of October, 1976.
Published as a Bill for an Ordinance on the 6th day
of October, 1976 .
MAYOR
ATTEST:
ex off1c1o C1ty Clerk-Treasurer
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of a
Bill for an Ordinance, introduced, read in full, and passed
on first reading on the 4th day of October, 1976.
ex off1cio City Clerk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN
A BILL FOR
AN ORDINANCE AMENDING CHAPTERS 3 AND 6, TITLE V, OF THE 1969
ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY
APPOINTMENTS; AND ESTABLISHING SALARY AND WAGE SCHEDULES FOR
GENERAL CAREER SERVICE EMPLOYEES FOR THE YEARS 1977 AND 1978,
AND FOR FIRE AND POLICE DEPARTMENT EMPLOYEES FOR THE YEARS
1977, 1978 AND 1979.
WHEREAS, pursuant to Article XV of the Englewood
Home Rule Charter, and Chapter 10, of Title V, of the 1969
E.M.C., as amended, Memoranda of Understanding have been
approved for General, Polic e and Fire Department employees
within the Career Service System of the City; and
WHEREAS, the majority of the members of each employee
organization has ratified said Memoranda.
NOW, THERF.FORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
That Section 7, Chapter 3, Title V, of the 1969 E.M.C.,
is hereby amended to read as follows:
5-3-7: PROBATIONARY APPOINTMENT
Whenever a vacant position is to be filled,
the top three (3) names on the proper eligibility
list shall be submitted to the appointing authority
for the selection of one (1) applicant to serve a
probationary period of not less than six-~6t-~eft~ks
fter-~ere-~keft-Ofte-~rt-yeer~ TWELVE (12) MONTHS. ~ke
erigifter-~reee~ieftary-~eriee-skarr-ee-£ixee-ey-~ke
Beard7--s~e"-i"i~ier-preee~ie"ary-~eriee-~ay-ee-ex
~efteee-ey-9aie-Beare-eft!y-~~eft-req~es~-£re~-~ke
a~~eift~iftg-e~~"eri~y-s~a~iftg-~ke-reesens-£er-s~ek
req~es~. At any time duri ng the probationary period,
I J
the employee may be dismissed or returned to his
former status by the appointing authorit~lwith the
approval of the Board.) After satisfactory completion
of the probationary period, the employee shall be given
permanent status. Pending the establishment of an
applicable eligibility list, tP.mporary appointments
may be made by the appointing authority with the approval
of the Board.
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Section 2 .
That Sections 8, 9(a) and lO(a) of Chapter 6, Title V,
of the 1969 E.M.C., are hereby amended to read as follows:
5 -6-8: SALARY AND WAGE SCHEDULE
The following tabl e is adopted for use in determining
monthly salaries for classified e mployees for the calendar year 1977:
A I; c D [
Grade 1 704 737 774 13 14 855 2 1 37 ll i. 8 14 8 ')5 897 3 774 811\ 855 ~~9 7 942 4 814 85~. 897 942 989 5 8!.i5 897 94 l 9il 9 1,039 6 89 7 942 91-9 1 ,.139 1,089 7 1,039 1,089 i , 1d4 1,202 1,260 8 1 '11~ 1,173 1 ,231 1,290 1,357 9 1,202 1,261 I ~··, 1 ,386 1.458 • o,J ( t.+ 10 1 ,290 1 . 35 7 1,42 3 1 ,4n 1,568 11 1 ,386 1 ,4 58 1 ,529 1 ,f-05 1 ,6!1 4 . .,
1,49 2 1 ,568 1,643 1 ,72 6 1,814
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'13 1,605 1,681, 1 ,768 1,856 1,949
The salary schedule for the year 1978 shall be as follows:
A B c D E
Grade 1 746 781 820 863 906 2 781 820 863 906 951 '3 820 863 90 ~ 951 999 4 863 906 95 1 999 1 ,048 5 906 951 999 1,048 1.101 6 951 999 1.048 , 'iOl 1 .154 7 1 • 101 1,154 1 ,21 3 1 ,27 4 1 ,336 8 1,182 1,243 1,305 1 ,:.67 1,438 9 1,274 1,3 36 1 ,4 03 1,469 1,545
10 1,367 1,433 1 ,::0>J 1,582 1,662 11 1,469 1,54 5 1.6 ~ i 1.70 1 1 ,785
12 1,582 1,66? 1, 742 1,83:-J 1 ,923 13 1,701 1,78!> 1 ,Hi -+ 1,967 2,066
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5-6-9: SALARIES FOR POLICE DEPARTMENT CLASSIFICATIONS
(a) Classified positions of the Police Department
are hereby classified within the salary s chedule set forth below:
The salary schedule for the year 1977 shall b e as follows:
Rank
Police Officer Fourth Class
Police Officer Third Class
Police Officer Second Class
Police Officer First Class
Sergeant
Lieutenant
Captain
Monthly Salary
$ 944
1,055
1,146
1,221
1,465
1,612
1,774
The salary schedule for the year 1978 shall be as follows:
Rank
Police Officer Fourth Class
Police Officer Third Class
Police Officer Second Class
Police Officer First Class
Sergeant
Lieutenant
Captain
Monthly Salary
$1,001
1,118
1,215
1,294
1,553
1,709
1,880
The salary schedule for the year 1979 shall be as follows:
Police Officer Fourth Class
Police Officer Third C lass
Police Officer S econd Class
Police Officer First Class
Sergeant
Lieutenant
Captain
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$1,061
1,185
1,288
1,372
1,646
1,812
l,993
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5-6-10: SALARIES FOR FIRE DEPARTMENT CLASSIFICATIONS
(a) Classified positions of the uniformed members
of the Fire DepaLtment are hereby classified within the
salary schedule set forth below:
The salary schedule for the year 1977 shall be
as follows:
Rank
Fire Fighter Fourth Class
Fire Fighter Third Class
Fire Fighter Second Class
Fire Fighter First Class
Driver/Operator/Engineer
Lieutenant
Captain
Battalion Chief
Monthly Salary
$ 912
1,039
1,125
1,216
1,309
1,398
1,538
1,692
The salary schedule for the year 1978 shall be
as follows:
Rank
Fire Fighter Fourth Class
Fire Fighter Third Class
Fire Fighter Second Class
Fire Fighter First Class
Driver/Operator/Engineer
Lieutenant
Captain
Battalion C'hief
Monthly Salary
$ 967
1,101
1,193
1,289
1,388
1,482
1,630
1,794
The salary schedule for the year 1979 shall be
as follows:
Rank
Fire Fighter Fourth Class
Fire Fighter Third Class
Fire Fighte r Second Class
Fire Fighter First Class
Driver/Operator/Ensineer
Lieutenant
Captain
Battalion Chief
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Monthly Salary
$1,025
1,167
1,265
1,366
1,471
1, 571
1, 728
1,902
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Section 3.
The terms and Frovisions of the within ordinance shall
become effective commencing January 1, 1977.
Introduced, read in full and passed on first reading
on the 4th day of October, 1976.
Published as a Bill for an Ordinance on the 6th day
of October, 1976.
MAYOR
ATTEST:
ex officio City Clerk-Treasurer
I , William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of a Bill
for an Ordinance, introduced, read in full and passed on first
reading on the 4th day of October, 1976.
ex officio City Clerk-Treasurer
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INTRODUCED AS A BILL BY COU NC I LMAN
A BILL FOR
AN ORDINANC E AMENDING SECT I ON 8, CH APTER 1, TITLE II, OF TH E
1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY DECREASING TH E
MONTHLY CONTR IBUTION OF FIRE FIGHTERS TO THE FIREMEN'S PENSION
FUND.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, as follow s:
Section 1.
Th~t Section 8, Chapter 1, Title II, of the 1969
E.M.C., as amended, is hereby amended to read as follows:
2-1-8: CONTRIBUTIONS TO FIREMEN'S PENSION FUND
Commencing on January 1, 1977, there shall be
deducted from the monthly salary of each and every
paid member of the Englewood Fire Department a sum
equal to £ive-ane-ene-~ai£-pereen~-~>ll~t FIVE PER-
CEN T (5%) of sa id members monthly salary pursuant
to PAR T 4, ARTICLE 30, TITLE 31, Ar~ieie-59 7 -e~ap~e~
l39T-See~ion -5-S*4t Colorado Revised Statutes, 1963
1973, as amended, which sum shall be deposited in
the City's Firemen's Pension Fund.
Introduced , read in full and passed on first reading
on the 4th day of October, 1976.
Published as a Bill for an Ordinance on the 6th d ay
of October , 1976.
MAYOR
ATTEST:
ex officio City Cl erk-Treas urer
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I, William D. James, do hereby certify that the abov
and foregoing is a true, ac c urate and complete copy of a Bill
for an Ordinance, introduced, read in full, and passed on
first reading on the 4th day of October, 1976.
ex off~c~o C~ty Clerk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN
A BILL FOR
AN ORDINANCE AMENDING CHAPTER 4, TITLE XV,OF THE 1969 E.M.C.,
BY REVISING THE SCHEDULE OF RATES AND CHARGES FOR SANITARY
SEWAGE SERVICE.
WHEREAS, the City Council, having reviewed the sanitary
sewage service needs of the City and costs incident thereto,
finds and concludes that the rates and charges for sanitary
sewage service are in need of revision.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
That Section 9, Chapter 4, Title XV of the 1969 E.M.C.,
is hereby amended to read as follows:
15-4-9: RATES AND CHARGES FOR SEWERAGE SERVICE
(a) GENERAL: There is hereby levied and charged
on each lot, parcel of land, and premises
served by or having sewer connection with
the sanitary sewer of the City of Englewood,
or otherwise discharging sanitary sewage,
industrial wastes or other liquids either
directlX or indirectly into the City sanitary
sewer system, an annual service charge which
shall be computed and payable as follows:
1. The charge for sewage treatment shall
be based on the gallonage of water
delivered to the premises during the
appropria te water meter reading period
falling between November lst and April 30th.
This gallonage converted to an annual
equivalent and multiplied by the annual
rate per 1000 gallons provides the annual
treatment charge.
2. A charge for sewer collection system
maintenance shall be established annually
by action of the City Council where prem-
ises are served by the City collection
system. Where the City does not own and
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maintain the collection system, the
City will collect charges for maintenance
of same only when authorized by the terms
of contract between the City and the
sanitat i on district.
3. Where water usage information is not avail-
able, sewage service charges shall be com-
puted using the current rate per 1000
gallons and based on the following "normal
usage" by class as follows:
2 mo. 3 mo. 12 mo. ·----
(a) Single Family
Dwellings 14 21 83
(b) Multi-Family
Dwelling Units 9 13 52
(c) Mobile Home Units 5 8 32
(d) Comm ercial (by meter
size/capacity)
5/8" 19 29 116
3/4" 29 44 176
1" 49 73 292
1 1/2" 97 146 584
2" .156 234 936
3" 311 467 1868
4" 487 730 2920
6" 973 1460 5840
"Normal usage" by class will be checked by
tabulation and averaging at least every five
(5) years to detect and adjust for changes
in patterns of water usage.
4. The minimum charge per year for sewage treat-
ment service, by customer class, shall be a
percentage of flat rate charge, this amount
representing the fixed portion of Operation
and Maintenance (0 & M) costs.
5. Outside City customers will be charged 105% of
the amount charged inside City customers for
similar service to compensate for additional
infiltration from the longer interceptor
lines. This factor has been included in the
flat rate and minimum rate tables in paragraph
8 below.
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6. Charges for service to customers inside
City limits shall be billed in quarter-
annual installments in advance. Charges
for sewer-only service outside the Ci ty
may, at the discretion of the F i nance
Director, be billed annually where th i s
would not conflict with special provisions
of a connector's agreement. All bills are
due and payable as of the billing date and
become delinquent fifteen (15) days after
the billing date.
7. User charges shall be reviewed annually
and revised periodically to reflect actual
treatment works 0 & M costs.
8. The following rates will become effective
January 1, 1977.
Sewage Treatment Charge:
Collection System Charge:
Both:
.203/1000 gals.
.027/1000 gal <; •
• 230/1000 gah..
IN CITY ~~~ OUTSIDE (YR.)
Single Family
Dwelling 4.85 4.40 17.70 16.10
Multi-Family
Dwelling 3.00 2.70 ll.30 10.30
Mobile Home/Unit 1.85 1.65 6.80 6.20
Commercial & Indus-
trial by Water
Meter CaEacit;t
5/8" 6.65 I 6.05 24.70 22.50
3/4" 10.10 9.20 37.50 34.10
1" 16.80 15.30 62.20 56.60
1 1/2" 33.60 ! 30.55 124.40 ll3.20
2" 53,80 1 49.00 199.35 181.45
3" 107.40 97.75 397.90 362.05
4" 167.90 152.80 621.95 566.00
6" 335.80 305.60 1243.90 ll31.95
Minimum charges both inside and outside the City will
be 91% of the inside City flat rate charge for the
customer class involved.
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(b) SPECIAL CASES:
1. Schools operat i ng on a nine-month school
year shall be billed seventy-six percent
(76%) of the charges which would normally
accrue for similar usage by a re~.idential
customer.
2. Industries, car washes and other establish-
ments where summer irrigation water is not
significant, or where seasonal business
fluctuations are more significant than
irrigation usage,shall be billed based on
ar..nue.l rather than winter period water
usage.
3. Customers with delivery flow characteristics
significantly different from those of a
single family dwelling,shall pay an additional
readiness-to-serve fee based on the following
formula:
R=V (.9lxNW) where R
R5
.91
NW
365
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(c) OTHER CASES:
Annual delivery flow
rate characteristics
charge
Readiness-to-serve
portion of O&M costs
Customer's annual non-
working days
Number of days in cal-
endar year
Annual volume charge for
wastewater treatment
Where the procedures above are not applicable,
or when application of same would work an ob-
vious and significant injustice to the customer,
a rate shall be established by the Director
based on reasonable estimates of projected flow.
The amendment hereinabove set forth shall become effectiv~
commencing January 1, 1977.
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Introduced, read in full and passed on first reading
on the 4th day of October, 1976.
Published as a Bill for an Ordinance on the 6th day
of October, 1976.
MAYOR
ATTEST:
ex offic1o C1ty Clerk-Treasurer
I, William D. James, do hereby cert1fy that the above
and foregoing is a true, accurate and co.pl copy of a Bill
for an Ordinance, introduced, read in fu ll, and paased on first
reading on the 4th day of October, 1976.
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ex officio city Clerk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN
A BILL FOR
AN ORDINANCE AMENDING CHAPTER 4, TITLE XV,OF THE 1969 E.M.C.,
BY REVISING THE SCHEDULE OF RATES AND CHARGES FOR SANITARY
SEWAGE SERVICE.
WHEREAS, the City Council, ~vi~ reviewed the sanitary
sewage service needs of the City fnd cos s incident thereto,
finds and concludes that the rat~s and harges for sanitary
sewage service are in need of revf sion
~W, THEREFORE , BE IT BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLO DO, as follows:
Section 1.
That Sectio
is hereby amended to 4, Title
!lows: E.M.C.,
15-4-9:
(a)
GES FOR SEWERAG
There is hereb~ev' d and charged
t, parcel of 1 d ~ and premises
served by having sewer onnection with th~ sanit~r sewer of the ity of Englewood,
o; otherwi~e ischarg~·ngdanitary sewage,
industrial ~as s or ~~e liquids either
directly or indi ctl i o the City sanitary
sewer system, an a ua service charge which
shall be computed and payable as follows:
1.
2.
The charge~ s~wage treatment shall
be based o t ~allonage of water
delivered o premises during the
appropr~e w t meter reading period
falling b~tw~e~n November 1st and April 30th.
This gal ona e converted to an annual
equiv~l e n ~ an multiplied by the annual
rate.fer 1000 gallons provides the annual
trea{ue nt erarge .
A charge for sewer collection system
mainten a nce shall be established annually
by action of the City Council where prem-
ises are served by the City collection
system. Where the City does not own and
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maintain the collection system, the
City will collect charges for maintenance
of same only when authorized by the terms
of contract between the City and the
sanitation district.
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3. Where water usage information is not avail-
able, sewage service charges shall be com-
puted using the current rate per 1000
gallons and based on the following "normal
usage" by class as follows:
2 mo. 3 mo. 12 mo. ·----
(a) Single Family
Dwellings 14 21 83
(b) Multi-Family
Dwelling Units 9 13 52
(c) Mobile Home Units 5 8 32
(d) Commercial (by meter
size/capacity)
5/8" 17 26 102
3/4" 26 39 156
1" 44 66 264
1 1/2" 87 130 522
2" 139 208 834
3" 278 416 1668
4" 435 650 2610
6" 880 1320 5280
"Normal usage" by class will be checked by
tabulation and averaging at least every five
(5) years to detect and adjust for changes
in patterns of water usage.
4. The minimum charge per year for sewage treat-
ment service, by customer class, shall be a
percentage of flat rate charge, this amount
representing the fixed portion of Operation
and Maintenance (0 & M) costs.
5. Outside City customers will be charged 105% of
the amount charged inside City customers for
similar service to compensate for additional
infiltration from the longer interceptor
lines. This factor has been included in the
flat rate and minimum rate tables in paragraph
8 below.
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6. Charges for service to customers inside
City limits shall be billed in quarter-
annual installments in advance. Charges
for sewer-only service outside the City
may, at the discretion of the Finance
Director, be billed annually where this
would not conflict with special provisions
of a connector 's agreement. All bills are
due and payable as of the billing date and
become delinquent fifteen (15) days after
the billing date.
7. User charges shall be reviewed annually
and revised periodically to reflect actual
treatment works 0 & M costs.
8. The following rates will become effective
January 1, 1977.
Sewage Treatment Charge:
Collection System Charge:
Both:
.203/1000 gals.
.0:!7/1000 gals.
.230/1000 gals.
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IN CITY ~~~ OUTSIDE (~~
Shgle Family
Dwelling 4 .85 4.40 17.70 16.10
Multi-Family
Ir~elling 3.00 2.70 11.30 10.30
Mobile Home/Unit 1.85 1.65 6.80 6.20
Commercial & Indus-
trial by Water
Meter CaEacit::t
5/8" 5.98 5 .45 23.45 21.35
3/4" 8 .97 8.15 31.65 28 .80
1" 15 .20 13.80 53.60 48.75
1 1/2" 29.90 27.20 105.95 96.45
2" 47.85 43.55 169.30 154.05
3" 95.70 87.05 338.60 308.15
4" 149.50 136.05 529.85 482.15
6" 303.60 276.28 1071.85 975.35
Minimum charges both inside and outside the City will
be 91 % of the inside City flat rate charge for the
customer class involved.
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Section 2.
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(b) SPECIAL CASES:
1 . Schools operating on a nine-month school
y ear shall be billed seventy-six percent
(76%) of the charges which would normally
accrue for similar usage by a re~idential
customer.
2. Industries, car washes and other establish-
ments where summer irrigation water is not
significant, or where seasonal business
fluctuations are more significant than
irrigation usage,shall be billed based on
arnuc>.l rather than winter period water
usage.
3. Customers with delivery flow characteristics
significantly different from those of a
single family dwelling,shall pay an additional
readiness-to-serve fee based on the following
formula:
R=V (.9lxNW) where R
365
.91
NW
365
v
(c) OTHER CASES:
Annual delivery flow
rate characteristics
charge
Readiness-to-serve
portion of O&M costs
Customer's annual non-
working days
Number of days in cal-
endar year
Annual volume charge for
wastewater treatment
Where the procedures above are not applicable,
or when application of same would work an ob-
vious and significant injustice to the customer,
a rate shall be established by the Director
based on reasonable estimates of projected flow.
The amendment hereinabove set forth shall become effective
commencing January 1, 1977 .
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Introduced, read in full and passed on first reading
on the 4th day of October, 1976.
Published as a Bill for an Ordinance on the 6th day
of October, 1976.
MAYOR
ATTEST:
ex off1c1o C1ty Clerk-Treasurer
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of a Bill
for an Ordinance, introduced, read in full, and passed on first
reading on the 4th day of October, 1976.
ex offic10 City Clerk-Treasurer
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M E M 0 R A N D U M
TO: Andy McCown, City Manager
FROM: Charles B. Carroll, Jr., Director of Utilities
DATE: September 23, 1976
SUBJECT: Sewer Rates for 1977
At the September 21 regular meeting the Water and Sewer Board considered
the sewer rates, as recommended by the staff, to be implemented January 1, 1977.
Our analysis, based on the best information available, revealed that in-
creasing the rate from $0.19 /000 gal. to $0 .23/000 gal. would accompl ish two things:
{1) Assure sufficient disposal ch arge revenue to meet the budget
e stimate of $728,000, and
(2) to satisfy the E.P .A's mandate to achieve an equitable method
of charging for treatment and collection.
have attached the schedule of proposed revisions, and the anticipated
financial impac~.
The Water and Se wer Board accepted the recommendation of 23¢ per 1,000
gallons; but they rejected the idea of lowering any existing flat rate and
metered rates, the idea being that customers would not appreciate the minor
reductions, especially when we would probably increase the charge soon
thereafter.
I attempted to convince the board that equity, as shown by our analysis, would
not result from a piecemeal acceptance of our recommendation; but that the
higher figure, such as 26¢, would be the only figure that would reflect no
reduction in rates. At any rate, I told the board that we would attempt
to "back in" to the 23¢ rate and not reduce any rates. Subsequently, Mr .
Steve Stephens examined the question and came to the following conclusions.
1. To implement the 23¢ rate with a "saving clause" that would prohibit
the lowering of any existing flat rate or minimum charge is unac-
ceptable to EPA.
Mr. Stephens posed this subject to Mr. Jerry Bourke, EPA counsel,
who declared that such a rev ision to the proposed user charge
system that his office earlier reviewed would be cause for revo-
cation of the approval, on the grounds that costs are not being
equitably distributed among customer classes.
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Memo to Andy McCown
September 23, 1976
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2. To increase the rate to a point that all customers pay more, or at
least no less, in 1977 would result in a rate of 27¢. This rate
would bring in about $110,000 more than requested and would seri-
ously impact our industrial and other large users.
Based on the foregoing, I recommend that we press for council approval of the 23¢ rate.
~d~{2v
Ch a rl e s B. Carroll, Jr . ~~
CBC/kr
Encl.
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1977 Sewer Rate of 23¢/1000 gallons (21 % higher than 19¢)
Treatm ent c har ge 20.3¢
Collection system charge 2. 7¢
Change
1. Eliminate collection system
charg e for customers in
sanitati on districts
2. Reduce outside city surcharge
for extra infiltration, from
10% added to 5% added
3. Eliminate Industrial surcharge
4. Alter Flat Rates :
a. Inside City
Change from $20/year to
$19.30/year
b. Outside City
Change from $20/year to
$17.60/year
5. Alter Metered Paying the Minimum
a. Inside cttx
Change min1mum from $20/year
Effect
-$ 5,000
-$15 ,775
-$ 4,849
- $ 5,859
-$ 3,083
to $17.60/year -$ 209
b. Outside City
Change minimum from $20/year
to $16.10/year -$23,400
Explanation
Those customers pay their
district for collection
system maintenance
EPA conclud ed that we
could not justify more
than 5% extra for the
outside city infiltration
from the longer runs of
in terceptors.
This portion is now
covered in the Industrial
Cost Recovery Program,
a separate billing procedure
8,371 accounts x ($20 -$lg.30)
Average single family unit
uses 14,000 gal. during two
winter months. Hence
14 X 6 = 84,000 gal X .23 =
$19 .30
717 accounts x ($22 -$17.70)
Outside city pays only for
treatment charge
87 accounts x ($20-$17.60)
EPA approved the minimum
charge to be 91% of the Flat
Rate charge ($19.30 x .91 =
$17.60)
6,000 accounts x ($20-$16.10)
EPA approved the minimum
charge to be .91% of the Flat
Rate charge.($17.70 x .91 =
$1 6 .10 )
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a. Inside Cit + $20,116
b. Outside City + $48,590
Net Change + $10,531
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Add 21% to 1976 estimated
revenue of $95,791.
Add 21% to 1976 estimated
revenue of $231,382.
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AGREEMENT FOR COtiVEYANCE OF REAL PROPERTY
FOR RELOCATION OF 2700 SOUTH ELATI STREET
THIS AGREEMENT, entered into this day of Septenber, lg76,
between STEARNS-ROGER CORPORATION, a Colorado corporation hereinafter referred
to as Stearns-Roger, and the CITY OF ENGLEW OOD, Colorado, a municipal corpo-
ration, hereinafter referred to as Englewood.
WHEREAS, Englewood desires to relocate 2700 South Elati Street from
its present location to a location which would span certain real property owned
by Stearns-Roger; and
WHEREAS, Stearns-Roger is willing for a good and valuable consideration
to convey certain of its real property to Englewood for the purpose of the
relocation of 2700 South Elati Street;
Nml, THEREFORE, in consideration of the foregoing and the mutual
promises herein set forth, the parties agree as follows:
l. Stearns-Roger shall convey by warranty deed to Englewood the
following described parcel of land:
A portion of Block 2, Terry's Addn. for street purposes described as:
Beginning at the NE corner of t he NW l/4, NW l/4 of Sec. 34, Twp.
4 S, Rge. 6G W of the 6th P.M.; thence W along theN line of Sec.
34 a distance of 205 ft.; thence on an angle to the left of goo a
distance of 30ft. to the S line of West Yale Avenue and the true
point of beginning; thence continuing on said course a distance of
503.15 ft.; thence on a curve to the right, with an interior angle
of 60° and a radius of 45ft., an arc distance of 47.12 ft.; thence
in a southwesterly direction a distance of 7g.1o ft. to a point on
the E line of South Elati Stre et; thence on an angle to the left of
60° and along theE line of South Elati Street a distance of 18.33
ft. to theN line of West ~nherst Avenue; thence on an angle to the
left of goo and along said line a distance of 125ft. to theW line
of the alley W of the 2700 Blk. of South Delaware Street; thence on
an angle to the left of goo and along theW line of the alley a
distance of 600ft. to the S line of West Yale Avenue; thence on an
angle to the left of goo a dis tance of 34 ft. to the true point of
beginning; said parcel containing 0.551 acres, more or less.
For the purpos e of the construction of the relocated 2700 South Elatt Street •
2. Upon conveyance to Englewood, Englewood shall formally dedicate
such real property as the relocated 2700 South Elati Street. If for any reason
said real property conveyed to Englewood is not dedicated as 2700 South Elati
Street, or should such street be abandoned as a public thorougnfare by Englewood,
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all right, title, and interest therein acquired by Englewood shall automatically
terminate and revert to Stearns-Roger, and Englewood shall execute such instru-
ments as are necessary to re-establish such right, title, and interest in Stearns-Roger.
3. Englewood shall 1oove the existing power and transmission lines,
including posts, from their present location to such location on the property
to be conveyed to it or other property to be used for the relocation of South
Elati Street as it, in its discretion, desires.
4. Englewood shall provide all necessary engineering and staking
for the relocation and construction of 2700 South Elati Street.
5. Stearns-Roger shall install the curb, gutter, and asphalt paving
for the relocated 2700 South Elati Street as shown on the attached drawing,
attached hereto as Exhibit A. Installation shall be in accordance with standard
specifications to be provided by Englewood.
6. It is understood and agreed that the provisions of this agreement
are conditions to the Deed from Stearns-Roger to Englewood and are otherwise
separate and apart therefrom and do not merge therein.
7. The foregoing shall inure to the benefit of and be binding upon,
the successors and assigns of the parties hereto.
II~ WITNESS WHEREOF, the parties have hereunto set their hands and
seals the date first above written.
STEARI~S-ROGER CORPORATION
ATTEST: By------------
Secretary
CITY OF ENGLEWOOD
ATTEST: By------------
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Andy McCown, City Manager DAll: September 10, 1976
~ Kells Waggoner
AftU~1 PAVING DISTRICT NO. 24
Attached is a letter from Roger W. Johnson, with the
City and County of Denver, proposing the establishment
of an improvement district for West Evans Avenue between
Pecos and Vallejo Streets. This area includes two blocks
of West Evans Avenue, a portion of which is in Englewood.
I have written to Mr. Johnson requesting that they include
an additional block of Evans Avenue within the same district
(copy of letter attached). The proposed improvement as
outlined in his letter would necessitate an appropriation
of monies to cover the City's portion of the improvement.
The additional amounts could be assessed to the property
owners in much the same way that the Dartmouth Avenue
improvement is being handled under the State contract.
If we are successful in getting Denver to extend the
district one more block, to Zuni, then by using Denver's
estimates, the City's share would be $83,000, and the
assessable share would be $69,000.
j{'(l(Z_ tD-._,....<J"ZS~,--
Kells Waggoner
Director of Public Works
KW/ls
Attach .
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C I TY AN D COU NTY OF D ENVE R
W H McNICHO L S JR
Mayor
D EPAR T MENT OF PU BLIC ll'O RK S DESIGN ENG I NEE RI NG O I\'I ION
544 0 ROSLYN S'l1
DE NVE R, COLO. 80,216
Mr. Kells Waggoner
Director of Public Works
3400 South Elati Street
Englewood, Colorado 80110
Dear Mr. Waggoner:
September 8, 1976
As per our phone conversation, the City and County of Denver
is proposing an improvement district for W. Evans Ave . between
S. Pecos St . and S. Valle j o St. For the two blocks of W. Eva ns
Ave. between S. Rar i tan and S. Vallejo Sts ., one half of the
street is in the City of Englewood . An agreement executed be -
tween Englewood and Denver wh i ch would make possible complete
construction of W. Evans Ave . between S. Pecos St . and S.
Vallejo St. would be of great benefit to both cities.
If the general concept of an agreement between our two cities
making possible the complete construction of this portion of
W. Evans Ave. is possible, please so advise and I will draft
an agreement for your review.
The following is general in f ormation concerning the district
which you requested:
1. The estimated cost of constructing the Englewood portion
of W. Evans Ave. as proposed above is $93,000.00. The
proposed street width is 56 feet and the half street costs
are roughly esti~ated as follows:
9" full depth asphalt
6" curb and gutter
8' concrete sidewalk
Asphalt patch
Removals
Drain age
$77 .50 x 1200 fee t= $93,000.00
$42.50
5.60
11.10
4.00
2.00
12.30
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Mr. Kells Waggoner
September 8, 1976
Page 2
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2. The proposed schedule for the district is as follows.
To follow this schedule, it would be necessary to have
the agreement executed by December 1976.
A. Create district
B. Bid district
C. Start construction
January 1977
March 1977
June 1, 1977
If you have any questions concerning the above information,
please call the undersigned at 297-3761.
RWJ:9111
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Roger W. Johnson
Chief Civil Engineer
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City of Englewood
3400 S . Elati Street
Englewood, Colorado 80110
September 10, 1976
Mr. Roger W. Johnson
Chief Civil Engineer
City and County of Denver
5440 Roslyn St.
Denver, Colorado 80216
Dear Mr. Johnson:
Phone (303) 781 -1140
We are, indeed, intere sted i n getting West Evans Avenue
improved as per your letter of September 8. We are con-
cerned, however, that the proposed improvement does not
go all the way to Zuni Street. If at all possible, we
would much prefer, and certai nly urge, that the improve-
ment be extended to Zuni St., thereby paving all of t hat
portion that is adjacent to Englewood. We will be trans-
mitting your letter on to Council for their next regular
meeting which will be Septemb er 20.
Sincerely,
Y~ 0).(S)._-
Kells Waggoner
Director of P u blic Works
KW/ls
c: city Menaqer McCown
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'ID: Arrly McCown , City Manager
F'RC.M: Karl Nollenberger, Assistant City Manager
DATE: September 30 , 1976
SUBJECT: 1977 Budget Requests
Persuant to the City Council's requests for additional information
on budget requests for 1977, I have requested information from Personnel
ani Parks addressing these points. Rather than reciting all of their
points individually, I will list them here and code them t o their
I!EIWS.
1. Insurance coverage for council members -see l!le!IO.
2. Janitorial salaries -see l!le!IO. It should be noted that our salary
is 5% higher than the school districts. 'Ihis is exactly the figure
which we discussed earlier with t he Council concerning our salary surveys
with other cities and the elimination of the A step in our structure.
This should eliminate the differential over t he next few years.
3. Utility Trencher -see memo. We do rent this apparatus whenever
one is available for $100 per day. A combination snowplow is not
available on this piece of apparatus.
4. Picnic Tables -see l'Tl6TlO. The cost was $2, 000.
5. Hiring under age 18 -see memos .
6. Christl!B.s Parade. If the City is going to continue to help sponsor
the Christmas Parade, funds s hould be added to the Council budget . 'Ihis
year's participation was $2500.
<hce decisions are made on these items, the final changes to the proposed
bu:lget can be made. Resolutions and ordinances doing this will be on
the October 18, 1976 Council agenda.
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Karl Nollenberger
Assistant City Manager
KN/sb
l'i1closures
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M E M 0 R A N D U M
TO : Karl Nollenberger, Assistant City Manager
FRCU: Rich Lorig, Personnel Director
DATE : September 22 , 1976
SUBJECT: Insurance Coverage f or Counc i l
In o rder to investigate your r e quest thoroughly , Personnel contacted our
insurance consultants , Byerly and Company, and posed the question to them ,
Mr. Morehead reviewed the request both from the legal standpoint of the
Sta te Insurance Commission requiremen ts and from the restricitons placed on
us by our A.S.O , agreement with Great-West Life Assurance Company,
It had been the City's practice in the past that we, like any commercial carrier,
were bound by the rules of the Colorado Insurance Commission on eligibility.
We have enforced the Commissi on's rule that to be insured an individual must
meet the hourly r e quirements to b e a permanent employee , The Commission
f urther restricts eligibility of b oa rds and co1nmissions specifically in
their regulations i f they cannot meet the hour wo r k requiremen t ,
Secondly , ~~. Morehead r elates that , with ou r A.S.O . contract , we are bound,
as is Great-Wes t, to follow the legal eligibility r estrictions and they
could not insure the Council under a group loss program , The consultant
did review this matter with the legal counsel for Great-West Life .
Lastly, while talking to Mr . Morehead, I questioned him on whether Blue
Cr os s and Blue Shield had the practice of covering Boards and Commissions.
He stated that they should not be cov ering them un1ess they meet the elig ibi-
lity r equirements o f the State Insurance Comm ission , They could have
covered some, though, through ignorance of the actual employees being
covered if the in sur ed did not notify Blue Cross/Blue Sh i eld o f exactly
who was covered, The Blues do not generally investigate group lists of
members hip,
In summary, it is personnel's f eeling from the preceding discussion that
neither Council, nor any of our boards and commissions, can be covered by
the City 's employee insurance program . If you have any questions on this matter
please contact me ,
~<-~-c-_:;1 · I ~~~c'kru5 A. LOJUG
Perso~~el Director
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MEMORANDUM ----·
TO : Karl Nollenberger, Assistant City Manager
FROM: Rich Lorig, Personnel Director
DATE : September 22, 1976
SUBJECT : School District Custodial Salarie s
Personnel has contacted t he Englewood School District to determine what
salaries are being paid custodial help . The district pay system is based
on school size and number supervised . Meanwhile, the basic custodian or
maintenance helper i s paid the same at each facility . The rates are as
follows:
School District
Maintenance Worker or
Custodian ----
$6850 to $9248
Head Custodian
Grade Schools:
1 or l i man school = $7193 to $9590
2 man school = $7535 to $9933
2i man school = $787 8 to $10,275
Jr . Hi gh Schools :
7 men = $8220 to $10,618
Hi gh School : (10 men)
Night = $8563 to $10,960
Day = $8905 to $11,303
Pe r sonnel Director
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$7572 to $9684
$9216 to $11,760
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DATE:
TO:
FROM:
SUBJECT:
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September 29, 1976
Karl Nollenberger, Asst. City Manager
Gary Havener, Asst. Director
Parks & Recreation
EQU IPM ENT JUSTlFICATLON -1977 BUDGET ADDENDUM
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3 . UT ILLTY TRENCHER: At present all irrigation, water and drain line ditches are
dug by ha nd. This is a time cons uming a nd expe nsive operation. Si re e we ar
dai l y invo lved with installing new and repairing old lines we are in need of a piece
of e quipme nt to s ave time a nd money. The utility tre nc her would satisfy these
needs . lt is estimated that a tre nche r, sim ilar to the one we s ubmitted in our
bud ge t adde ndum, could dig a nd backfill a ditch in sixty (60) minutes . This same
operation would take a ma inte nanceworker eight (8) hour s . This s aving in labor
alone would free -up se ve n (7) mainte nance hours or a lmost one full day to perform
other ta sks.
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The unit we are propo ing is a 12~ HP walk behind with tre nching capabilities o nl y
and can dig a 6" wide by 36 "' deep t rench. Al though a budge t tre ncher as far as
tre nchers go, it would be ad quate in 80% of the u ses we would have for it. The
applications would be for digg ing irriga tion line ditche s, water lines, trenches
for drain lines, sma ll curb and foundation ditches, and several others. Estimated
c os t s for ja nu a r y 1977 is around $3,000 with five to ten years life expectancy de-
pending on operation t ime and abuse. The unit s hould last over the five ye ar expec -
ta ncy and possibly have a good trade -in value for a unit with a backfill blade, riding
capabilities and a small backhoe attachme nt for added vers atility.
PiCNIC TABLES: Due to vandalism, attrition and the expansion of park facilitie s
we have need for the 20 -8' picnic tables . Five each would go to Northwest and
Sou t hwes t Gree n belt s and the remaining te n to be used as replaceme nt s.
Normal u sage a nJ some vandalism (i.e. throwing in lake, carving and s tealing
e ntire tab le ) has created a need for the tables . An attempt to permanently attach
a table to pegs or concrete stakes would prove more costly than the prese nt system
we now use. Sho uld a very large group reserve a shelter house and require addi-
t iona! ta ble s at a particular park , non e would be e asily tran sferable . Also, th e
vandalism is almost always repairable with rep lacement boards, covers, cleaning
a nd in some cases the legs can be replaced .
IILRING PERSONNEL UNDER AGE OF 18: ln review in g the Child Labor Act and
its s pecific are as of work restrictions and the Colorado Occupational Safety and
I le alth Ac t and the safety regulations, it is my recommendation to no t place our-
se lv es in the situation of inadvertently violating any of these regulation s , rule s
and laws. Employees under 18 would r e quire additional supervision, remove the
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September 29, 1976
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flexibility of job assignments from our operation and tie up our positions for
specific jobs not necessarily a priority job throughout th e summer.
Should you wish to pursue this question further, I will get with the city's personnel
and safety staff members and discuss the matter at greater length.
Gary v ener, Asst. Director
Parks & Recreation
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MEMORA NDUM
TO: Karl Nollenberger, ~sistant City Manager
FR(J.(: Rich Lorig, Personnel Director
DATE: September 22, 1976
SUBJECT: Employment for those Under Eighteen Years of Age
As you know, the City has, in the past, restricted emp loyment into any City
Department, except Recreation, to the age of eighteen years unless strictly
clerical. The primary reasons for the regulation has been the Child Labor
Law as administered by the Wage and Hour Division of t he Department of Labor.
Compensation Insurance has also been another factor applied strictly from a
liability protection for the City. This past summer, we inadvertantly
broke with that tradition by hiring a 17 year old for Parks maintenance.
After review with the various agen c ies, I found it possibl e to hire
16 and 17 year olds if we made sure they were not involved with hazardous
equipment or drove power vehicles as a regular function. They could drive a
vehicle under 6000 pounds infrequently.
I have attached the copy of the booklet Wage and Hour said we should use in
hiring teens to work for the City. I feel that several of the restrictions
pertain, such as excavations, motor-driven vehicles and power driven circular
saws. We could avoid these situations and hire those 16 to 18, but under
16 would be out,according to my interpretation .
I do not feel that it is a good policy to follow due to these facts: 1.) We
till have to supervise much more carefully work assignments. 2.) We will
have to investigate age closely and require the age certificates. J,) We
are placing ourselves in a vulnerable position if we mistakenly violate the
law. Thi s could be costly .
Perhaps you should contact the City Attorney to also review the legal aspects
before the City changes its restrictions. Please let me know your feelings
on this matter.
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RICHARD A, LORIG J
Personnel Director
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DATE: September 30, 1976
ro: Andy McCown , City Manager
FROM: E. P. Romans
Director, Parks & Recreation
SUBJECT: CITY SUPPORT FOR PROPOSAL #1-SWEEPSTAKES AMENDMENT
The Colorado Parks & Recreation Society and The Colorado Municipal League are
asking all persons concerned with preservation of open space to assist in support-
ing the Proposed Amendment #1 which allows the Colorado Racing Commission to
conduct a sweepstakes within the same controlling regulations as horse and dog
races.
Forty-five percent of the net proceeds will go to holders of winning tickets and
the remaining money, after expense, will go to the State's Conservation Trust
Fund to be distributed to counties and municipalities on the basis of population
for new parks, recreation and conservation sites. Passage of this proposal would
mean that Englewood would receive approximately $150, 000 annually.
It is anticipated that many tourists and other non -residents will participate which
would make a big contribution to the sweepstakes. This is a simple way to obtain
more funds for the Conservation Trust Fund because it is voluntary and does not
call for the imposition of new or additional taxes.
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Ernest P. Romans
Director, Parks & Recreation
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M E MORANDUM
TO: Mayor and Members of Englewood City Council
FROM: Karl Nolle nb e rger , Assis t a nt City Manager
DATE: Octobe r 1, 1976
SUBJECT: BALLOT PROPOSALS ON NOVEMBER ELECTION
After the regular packet went out on Thurs day, we received information from
Colorado Municipal League concerning the ballot issues on the November
election. The Colorado Municipal League, at its June conference, voted to
support Proposition No. 1 authorizing state sweepstake races and Proposition
No. 2 authorizing the General Assembly to tax mobile homes similiarly to
conventional housing. At that time, the membership also voted to oppose
Proposition No. 3 placing stringent limitation upon construction of nuclear
power facilities and Proposition No. 10 requiring all new and increased state
and local taxes to be first approved by a majority of all the registered electors
within the taxing jurisdiction.
Propositions No. 1 and 10 are of major and direct impact on municipalities.
I am enclosing for your review inform a tion on Proposition No. 1 and Proposition
No. 10, including resolutions endorsing the Colorado Municipal League's position,
if you are desirous of taking a stand on these two issues. The analysis included
on the enclosed material is quite complete and thorough.
If you desire to take stands on Proposition No. 2 and Proposition No. 3, we can
have resolutions available for you at subsequent Council meeting.
These items should be conside red along with th e memorandum from the Director
of Parks and Recreation under Ite m 7e on the agenda.
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KARL NOLLENBERGER
Assistant City Manager
KN/p
En c los ures
cc : Andy McCown , City Manager
B. v. B erardini , Ci ty Atto rney
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RESOUJriON NO.__t"L, SERIES OF 1976
A RESOUJriON IN SUPPORT OF PROPOSITION 1
WHEREAS , Parks and open space areas enhance the envirorunent
and improve the quality of life for citizens of Colorado ; and
WHEREAS , Citizens look to local government to provide parks and
open space areas; and
WHEREAS , Escalating land costs and serious revenue limitations
make it virtually impossible for local governments to provide s ufficient
recreational lands without state assistance ; and
WHEREAS , 'Ihe Conservation Trust Fund was designed to fos ter
parks , recreation and open space through direct appropriati ons to local
governments for acquiring , developing and maintaining such areas ; and
WHEREAS , In 1976 the General Assemb ly appropriated $725,0 00
to the Conservation Trust Fund to be distributed among approximately
60 counties and 200 municipalities; and
WHEREAS, Proposition 1 authorizes the Colorado Racing Commission ,
a state agency, to conduct sweepstakes races and appropriates the net
proceeds of such races to the Conservation Trust Fund for distribution
to municipalities and counties for park , recreation and open space
purposes ; and
WHEREAS , Estimates prepared for the Colorado Racing Commission
indicate that the sweepstakes will make available at least $10 million
annually to local governments through the Conservation Trust Fund;
N0t1, 'lliEREFORE , BE IT RESOLVED BY THE CITY COONCIL OF THE CITY
OF EN:JLEWCX)D , COLORAOO , as follows :
That the City Council of the City of Englewood support and urge
the favorable adoption of Proposition 1 on November 2 , 1976.
AOOPTED AND APPROVED this 4th day of October , 1976.
Mayor
A TrEST :
ex officio City Clerk-Treasurer
I , William D. James , ex officio City Clerk-Treasurer, of the
City of Englewood , Colorado, do hereby certify that the above and foregolng
i s a Crue, accurate and complete copy of Resolution No. ___ , Ser1es of 197 6 .
ex officio City Clerk-Treasurer
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Vote YES on proposition 1
I. What actually is proposition 1?
A. The ballot title reads only: "Shall the conduct of
sweepstakes racea be authorized?"
B. The proposition permita the Colorado Racing Commission
to conduct aweepatakea in conjunction with horae or do&
races. The Colorado Racing Comadaaion, which is a state
agency, ia empowered to reaulate the operation of the
aweepatakea. Ticketa for the .waepatakes, a form of
lottery, will be sold statewide.
C, The key feature of propoaition 1 is that all proceeds
from ticket sales, after deduetfna eKPenses and prizes,
will be distributed to citiaa, towna and counties throuah
the Conservation Trust lund.
II. Wbat is the Conservation T1n1Bt Fund?
A. It is s fund aatabl:t.hed-by the state lelialature in
1974. The fund· :a. uaed. to distribute state .oniu, vhu
available, to countiea eod .unicipalities that estab-
lished local coaaervatioe truat funds. Curreatly, about
60 countiea and 200 ~icip&lities are eligible to
participate.
B. The monies can be uaed for the acquiaition, de-lopaeat
and aaintenance of "aev conaervation sitaa."
C. ltew conservation. &itea include laad and water acquired
after the eetabli.a.eot of a local conaervatioe truat
fund for park or recreation purpoees, for all types
of open apace, auch as floodpl&iaa, sreaobelts, agri-
cultural land or acenic areas, or for aay acientific,
hiatoric, scenic, recreational, aesthetic or stailar
purpose.
D. State moniea may not be used for the developaent or
aaintenance of aitea acquired prior to the eatabliah-
aent of the conaervation trust fund •
III. Why support proposition 1?
A. FigtJrea prepared for the Colorado Racing Co.miasion
reveal sore than $10 million will be available annually
for distribution through the conservatioe trust fund.
(over)
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B. Because of the increasing demands on state revenues,
appropriat ions ln the past for the conservation trust
fund have not exceeded $725,000 per year.
C. This sum of money when divided among the eligible units
of government has nol enabled the needed progress to
be made in acquisition of open space lands and develop-
ment of recreational f acilities.
1. In Aurora, for example, conservation trust funds
accumulated over a two-year period were used to
acquire a 2 1/2-acre park site. Aurora, however,
has need for monies to acquire or develop 3,000
acres of land.
2. In Gunnison, conservation trust monies simply are
being accumulated because they are inadequate for
costly open space acquisition and park development
and maintenance.
3. In Littleton, additional conservation trust monies
are needed for the acquisition of a flood plain and
700 to 800 acres of drainage land.
4. (Consider using local examples to illustrate the lack
of funds currently available for open apace and
recreation needs.)
D. Proposition 1 can provide the dollars needed for open
space and recreation facilities; and moreover, the
dollars will be available without impoaing an increase
in taxes.
!. An advantage of proposition 1 is monies for such pur-
poses will be derived only from those persons who choose
to participate in the sweepstakes. Currently, the City
of Boulder and Jefferson County, as examples, earmark
portions of their sales tax revenue for open space
purposes.
F. Anothe r big p lus f or proposition 1 is that tourists
who use and e njoy Colorado's park and recreation
facillties can share in paying for them through pur-
chase of sweepstakes tickets. By the way, estimates
show during the first year of New Hampsh1re's sweep-
stakes, 80 % of total ticket sales were to non-resident~.
G. Proposition 1 offers local governments what may very
well be their only chance to receive adequate f unds
for their park and recreation requirements. Further, it
may provide the only opportunity for local governments
to acquire open space lands before it is too late!
Vote YES on proposition 11
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PROPOSITION 1-THE SWEEPSTAKES MEASURE -
will provide local governments with the money to
acquire open space lands and develop recreation areas .
The Colorado Racing Commission, a state agency , will
conduct sweepstakes, a form of lonery , in conjunction
with horse or dog races and sell sweepstakes tickets
statewide. All proceeds from ticket sales, after deduct·
ing expenses and prizes, will be distributed to cities,
towns and counties for open space, parks and recreation
purposes.
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Ballot
Title :
Shall the conduct of sweepstakes races be authorized?
Figures prepared for the Colo·
rado Rac ing Commission reveal
more than $10 million will be
available annually for open
space and recreation purposes.
Thirteen states have authorized
lotteries, and last year the lotter-
ies netted about $403 million .
Tourists will share in supporting
Colorado's park and recreation
facilities through their purchase
of sweepstakes tickets. (Esti-
mates show during the first year
of New Hampshire 's sweepstakes,
BO% of total ticket sales were to
non-residents .)
Persons who enjoy games of
chance will be able to purchase
tickets at prices not exceeding
$3 per ticket.
Passage of proposition 1 will
enable local governments-with-
out increasing taxes -to provide
open space and recreation
facilities which the public is
demand ing .
Passage of proposition 1 will
mean open space lands can be
acquired ... before it's too late.
Prepared by the Colorado Municipal League
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v~lF..REA"", Proposit; on 10 aw·n h Le cons i u;;ion t0 rf"qu r<" all
n·-w or increased taxes 0f state or local p:overJ1111(?nts be approved by a
ma,Jc ·ity of the r·:g,ister~ electoro rat.hcr than by a Majority of r"'gi tered
e lee ors votin•; thPreon ; and
WHEREAS , Proposition 10 s p:;nificantly altP,..s be repres ntative
for, of governmen which is a fundwnental p'-t..."".. uf th-Ar'f.'·rican s:tsterr.
of self-gov rnmen ; and
WHEREAS , The amendment defines tax so broad y as to possibly
include non-tax i ems such as user "ees and charge<. necessary to offset
operating exp~>nses for various govet~~ent serv c• "; and
\\IHEREA , Placing additionac burdens on the power to tax would
hamper the ab lity of municipalit es to rovide necess y services and
improvements for their citizens and o fulf ll he exp"nding oblir;r,a ions
imposed on municipalities by federa l ana state governmen ; and
\<.'1-lF.REAS , The election requirement of Proposition 10 mposes
unnecessary financial and administrative costs on government which the
tax,ayer ultimavely must absorb ; and
WHEREAS , Proposition 10 may :·equirG an annual election on taxes
which are reimposed each year ; and
\.JHEREAS , It is unclear whether the election requiremen applies
to increa es in the tax levy , tax revenues or bo ·h ; and
HilEREAS , Proposition 10 wo•lU be de rimental to th citizens of
our cor.muni ty :
W, THEREFORE , BE IT RESOLVED BY THE CITY
OF Et 'L£1.-lOOD , OLORAOO , as follows :
CIL OF THE -ITY
That the City Council of he City of &lglewood opposes and ur _s
t.!1e def<::at of Proposition 10 on vember 2 , 1976.
!'I'ED AND APPROVED 'l'HIS ·1 h ay of October , 1976 .
Mayor
ATI'EST :
ex officio Ci y Clerk-Treasurer
1 , ltiilliam D. James , ex officio City lerk-Treasurer, of he City
of Englewood , Colorado , do hereby certify hat the above ond foregoing is
a true , accura e and complete copy ot' Resolu :I on No . ___ , Series of 1976.
ex officio City Clerk-Treasurer
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Vote NO on proposition 10!
I. Pr o pos1tion 10 sounds appealing because it requires ap proval of the
pe ople before taxes can be imposed or increased.
II. The r e a re several major problems, however, with proposition 10 .
A. The proposition requires the approval of a ma j ority o f all
registered voters in the taxing jurisdiction. Presently,
elections in Colorado require the approval of a majority of people
who actually vote, not a majority of registered voters, regardless
of whether they go to the polls.
1. This means that if 1,000 people are registered electors and
500 vote, the measure fails even if all 500 voted in favor
of it.
2. Furthermore, voter turnout in Colorado usually is leas than
50% of the registered electors.
3.
a. The Colorado Municipal League surveyed 10 municipalities
including: Brighton, Englewood, Fort Collins, Fort Morgan,
Lamar, Littleton, Loveland, Pueblo, Sterling and Woodland
Park. Voter turnout was less than 50% in 31 of the
37 elections held in recent years in those communities.
b. Separating out the special elections which dealt with
finance issues, 15 of the 17 special elections failed
to attract at least 50% of the registered voters .
Another problem with the "majority of registered electors"
requirement is that people who move from the jurisdiction remain
on the registration list until the next general~lection. In the
meantime, they are counted as voting "no" when they don't even
live in the jurisdiction.
B. Among the other major problems with proposition 10 is that it may re-
quire taxpayers to foot the bill for a series of elections each
year. With over 1 ,000 local governments in Colorado and moat
people served by at least four governments (state, county, city
or town, and school district), multiple elections can be expected .
c . In addition, the proposition impairs the ability o f state and
local government s to respond in times of emergency . After the
serious floo d of 1965, for example, the General Assembly w~s able
to levy a temporary gas tax increase to finance major road and
bridge reconstruction.
D. Proposit1on 10 also creates uncertainty about the abillty of local
governments to meet long term flnancial commitments, and this may
result in higher 1nteresc rates on bond issues . Furthermore, it
may reduce or eliminate the market for public bonds.
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E. By requiring an election on every new tax or tax increase levied
by the state or local government, the proposition runs counter t o our
represen tative form of government. It removes responsibili ty and
authority f rom the ci tizens ' elected represen t at ives.
F. The most c ritical objection to proposition 10, perhap s , ~s that
its language is ambiguous. It w~ll require time-consuming an d
expensive lawsuits to clarify the meaning of pr oposit 'on 10.
1. It is unclear, for example, whether e lec tions will be r eq uired
in order to increase golf green f ees, library charges, school
lunch charges, school tuition, game and fis h license fees,
parking meter charges, or any of the many other fee s and
charges. Such charges need to be adjusted peri o dically to
c over increased costs due to inflation.
2. Proposition 10 makes it unclear whether voter approval is
needed for increases in revenue not resulting from an increase
in tax rates. When growth or inflation result in increased
revenues from the property, sales or income taxes, it is un-
clear whether the voters must approve such increases or whether
the tax rate must be reduced correspondingly.
3. It is unclear whether an election is required each year in
order to impose a pzoperty tax. The election requirement applies
to all new or restored taxes. Property taxes are levied year by
year and not on a permanent basis.
G. Furthermore, proposition 10 will have no impact on the greatest, single
taker of tax monies -the federal government.
H. Regardless of whether you agree with the philosophy of proposition ~0, it should be defeated. It does not accomplish what it was intended
to do. It provides unfairly, that a majority of re~istered voters
approve every new tax or tax increase measure and the language o f the
proposition is so ambiguous as to raise numerous legal problems.
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N 0 on proposition 10
AN AMENDMENT ADDING A NEW SECTION 21 TO ARTICLE X OF THE CON -YES
STITUTION OF THE STATE OF COLORADO, REQUIRING REGISTERED
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ELECTOR APPROVA L OF ALL STATE AND LOCAL EXECUTIVE OR LEGIS -NO
LATIVE ACTS WHICH RESULT IN NEW OR INCREASED TAXES .
This looks good , BUT the proposition ...
1 Enables voters who fail to go to the
polls to defeat an issue. Proposition 10
requ ires the approval by a majority of
all registered voters in the taxing jurisdiction. (Pres -
ently, elections in Colorado require a "yes" vote
from a majority of the electors voting thereon, and
not a majority of all registered voters regardless of
whether they go to the polls.) As a result, persons
who fail to vote are counted as voting "no ." If
1,000 people are registered electors and 500 vote,
the measure fails even if all 500 vote in favor of it.
Since voter turnout in Colorado usually i s less than
50% of registered electors, approval of even popu -
lar tax proposals may be impossible . Furthermore,
people who have moved from the jurisdiction are
counted as registered voters since voter registration
l i sts are updated only after general elections.
2 Defines "tax" so broadly it may re-
quire an election to increase golf
green fees , library charges , school
lunch charges , school tuition, swimming pool fees,
game and fish license fees, bus fares, parking meter
charges , and many others . Tax is defined to include
"any and all devices by which wealth in any form
is transferred from persons, natural or artificial, to
any level of government of the state or any politi-
cal subdivision thereof." Governments charge a fee
for a wide variety of services . Such charges need to
be adjusted periodically to cover increased costs
due to factors -such as inflation-over which local
governments have no control .
3 Implies a periodic reduction in ser -
vices and programs . The cost of
providing essential public services
and maintaining public programs and facilities
will continue to increase . Yet , if tax measures
cannot be approved , state and local governments
will have little choice but to cut back necessary
services and programs .
4 May require voter approval of increases
in revenue not resulting from an in-
crease in tax rates . Taxes are validated
only to the "extent and rates " in effect. This may
mean that as property, sales and income tax rev -
enues rise through growth , inflation, etc., tax rev -
enue increases must be approved by the voters, or
existing tax rates must be reduced correspondingly
so the "extent" of the tax is not increased.
5 May require taxpayers to foot the bill
for a series of elections each year .
Proposition 10 requires an election on
every state and every local government proposal in-
volving a new tax or a tax increase. With over 1,000
local governments in Colorado and most people
served by at least four governments (state, county,
city or town, and school district), multiple elections
will be necessary . Despite these additional costs
and burdens on the taxpayer, the proposition will
have no effect on the greatest, single taker of tax
monies-the federal government.
6 Impairs prompt government response
in times of emergency . Prior approval
at an election is necessary before a
state or local government can impose a new tax or
increase a tax . If proposition 10 had been in effect
in 1965, it would have been impossible, as a practi-
cal matter, for the general assembly to levy its tem-
porary gas tax increase to finance major road and
bridge reconstruction following the serious flood
of 1965.
7 May re!]uire annual elections on prop-
erty taxes even when there is no in-
crease in revenues or rates. The elec-
tion requirement applies to all new or restored
taxes . Since property taxes are levied year by
year and not on a permanent basis, it may be nec -
essary to receive approval each year to levy a prop-
erty tax.
(contmued on back!
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8 Creates uncertainty for local govern-
ments in meeting long term financial
commitments, and may result in high-
er interest rates on bond issues . Taxpayers may be
required to pay a premium to borrow funds to
finance new schools , libraries, fire stati ons, recrea-
tion facilities , and other needed improvements. In
addition, proposition 10 may reduce or eliminate
the market for public bonds. Approval by a major-
ity of those voting on general obligation bond is -
sues already is required in most i nstances .
The entire text of proposition 10 ...
"Article X of the Constitution of
the Stare of Colorado is amended by
the addition of a new section to read :
"Section 21. Any other provision
of this constitution, or of any statute,
home rule charter, territorial charter,
resolution or ordinance to the con-
trary notwithstanding, no tax may
be instituted, implemented, imposed,
restored or increased, by any method,
by the state or any political subdivi-
sion thereof, without the prior af-
firmative vote thereon of a majority
of the registered electors residing
within the jurisdictional boundaries
of the taxing authority imposing the
tax in question, at a general or spe -
cial election .
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9 Runs counter to our representative
form of government. Proposit ion 10
removes responsibility and authority
from the citizens' elected representatives and dis-
courages tax reform and modernization .
10 Will require time-consuming and ax-
pensive lawsuits to clarify the meaning
of proposition 10. The wording of the
propos1t1on is ambiguous. It raises significant legal
questions regarding applicatibn to particular elec-
tions and revenue issues.
"For the purposes of this section
the term "tax" shall include any and
all devices by which wealth in any
form is transferred from persons,
natural or artificial , to any level of
government of the state or any
political subdivision thereof.
"Any tax legally authorized prior
to the effective date of this section
shall be valid only to the extent and
rates at which it is actually being im-
posed on the effective date hereof.
"The intent of this section is to
require elector approval of govern-
mental acts which result in new or
increased taxes.
"This section is in all respects
self-executing."
Prepared by the Colorado Municipal league
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CITY COUNCIL MEETING -October 11, 1976
Special
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CITY COUNCIL MEETING -Oc t ober 11, 1976
Special
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7:00 P'. M. . Call to order, invocat-1 ~~d r<j.L'l ca·v;/
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2 . Adjournment .
J~L9~~;~
AndyAccovm
City Manager
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ROLL CALL
M ed S OV d d econ e A 1ye N ay Ab sta n Ab sent
Williams ...........
Sovern --:>mltn ,....
M_ann v-
Brown .......
Clayton .........
Mayor Jaylor ~
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ROLL CALL
M d S ove d d econ e A \ye N ay Ab sta n Ab sent
Wi 11 iams ..........
Sovern --Sm1th v
Mann ,.....
Brown '"" Clayton ~
Mayor Taylor ............
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ROLL CALL
M d S ove d d econ e A \ye N ay Ab sta n Ab sent ....---Wi 11 iams _...
Sovern
~m1tn ,.,...,. ---Mann .......... Brown --Clayton -M.ay_or Jayl or ~ ..
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ROLL CALL
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Moved Seconded Abstain Absent
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ROLL CALL
Moved Seconded A e Nay Abstain Absent
or ..
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Moved Seconded Abstain Absent
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ROLL CALL
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M d S ove d d econ e A ~ve Nay Ab sta n A bsent
Wi 11 i ams ;
Sovern ..
::.m1tn /
M_ann
Brown ! ._ Clayton
Mayor Taylor -
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ROLL CALL
M d S ove d d econ e A ~ye N ay Ab ta. s 1n Ab t sen
Wi 11 iams ...
Sovern -
Smith ..-
Mann
Brown
c lay_t_on
Mayor Taylor
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CITY COUNCIL MEETING -October 18, 1976
Regular
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