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HomeMy WebLinkAbout1967-04-03 (Regular) Meeting MinutesI I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO APRIL 3, 1967 The City council of the City of Englewood, Ara.Pahoe County, Colorado met in regular session on Monday, April 3, 1967 at the hour of 8:00 P.M. Mayor Allen presiding called the meeting to order and the invocation was given by the Reverend Rex Whitney of the Wesleyan Methodist Church. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen Rice, Parkinso~, Ludwig, Kreiling, Hanson, Fullerton, Allen Also Present: City Manager Dial Absent: None Assistant City Manager Malone City Attorney Criswell City Clerk Lyon The Mayor declared a quorum .Present. COUNCILMAN FULLERTON MOVED, COUNCLLMAN PARKINSON SECONDED, THM' THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF MARCH 6, 1967, MARCH 20, 1967, AND THE SPECIAL MEETING OF MARCH 27, 1967, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None Absent: None The Mayor declared the motion carried. Mayor Allen recognized the following "Special Citizen Invitee" and welcomed him to the council Meeting: Mr. Gayton P. Dennis, 2931 South Washington Street. Mr. Robert Kelley, attorney, appeared before Council on behalf of the First National Bank of Englewood. Mr. Kelley requested that the City Council sign an agreement causing a 50 foot roadway south of City Hall, said roadway known as Cherokee Circle extended, to be dedicated. It was pointed out that the area to be dedicated was 50 feet in width rather than 40 feet as had been originally pre- sented to the City Council October 18, 1965. Discussion ensued. Councilman Kreiling inquired if this dedication would effect the City of Englewood's lease of the City Hall property. City Attorney Criswell stated that this woald not effect the lease other than cause the exchange of two triangular peices of property. Discussion ensued. COUNCILMAN HANSON MOVED, COUNCILMAN KREILillG SECONDED, THAT MR. KELLEY'S REQUEST THAT THE CITY COUNCIL SIGN AN AGREEMENT CAUSING A ROADWAY KNOWN AS CHEROKEE CIRCLE EXTENDED TO BE DEDICATED, BE TABLED. U.Pon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. Mr. Lee Corder appeared before City Council requesting transfer of tl'eliquor license of the Casual Lounge held by Mr. John Just to Mr. Corder. COUNCILMAN HANSON MOVED, COUNCILMAN RICE SECONDED, THAT THE LIQUOR LICENSE OF THE CASUAL LOUNGE BE TRANSFERRED FROM MR. JOHN JUST TO MR. LEE CORDER. A brief discussion of the Public Hearing on the .Possible SUS.Pension or re- vocation of the Casual Lounge Liquor License held at the March 20, 1967 Council meeting took place. 484 Minutes of April 3, 1967 COUNCILMAN HANSON STATED THAT HE WOULD RESCIND HIS MOTION. COUNCILMAN RICE STATED THAT HE WOULD ACCEPT THIS WITHDRAWAL. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE MOTION CON- CERNING THE CASUAL LOUNGE MADE AT THE MARCH 20, 1967 COUNCIL MEETING BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. eityIClerki~ ~rt:tie foliow:big: mc:r.bb.Drtil1~sfl1G! tthen~t>£ t he lic;u or ic ~ -· C ~1..4-:1 ;:,u ng ~ l · b·· B e . Joh n Jus t -• o d r . COUNCILMAN RICE MOVED, COUNCILMAN KREILING SECONDED, THAT THELIQUOR LICENSE OF THE cawtn HDJ<m JRm' •1AIDIO~n 1mJS 1 '.IDIBSIJIDN?IJa1~ .NRA'ICOMER.~8.~ OF !'JIE].~t.Jlm Tlll'Jl~TY COUNCIL MEETING WITH AN APPLICATION FOR TRANSFER OF THE LIQUOR LICENSE OF MR. JOHN JUST TO MR. CORDER AND THAT THE $500 LIQUOR OCCUPATIONAL TAX BE IN THE HANDS OF THE CITY OF ENGLEWOOD AT THAT TIME. The City Council discussed said motion. Councilman Rice stated that he wished to substitute a motion for that one presently under consideration. COUNCILMAN RICE MOVED, COUNCILMAN KREILING SECONDED, THAT THE CITY COUNCIL, AFTER PROPER HEARING OF THE POSSIBLE SUSPENSION OR REVOCATION OF THE CASUAL LOUNGE LIQUOR LICENSE, HAS FOUND THAT THERE WAS AN INFRINGEMENT ON THE INTENT OF THE LIQUOR CODE AND THAT UNDER THE EXTENUATING CIRCUMSTANCES BROUGHT FORTH AT THE TESTIMONY DURING SAID PUBLIC HEARING, THE CDUNCIL DOES NOT WISH TO TAKE ANY DISCIPLINARY ACTION AGAINST THE LICENSEE. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MOTION BE AMENDED TO INCLUDE THE FOLLOWING: "AND THAT THE COST OF AN APPEARANCE OF A COURT REPORTER AND THE SUBSEQUENT TRANSCRIPT OF THE PROCEEDINGS IN THE AMOUNT OF $60.00 BE ASSESSED AGAINST THE LICENSEE. Mr. Corder stated that he would pay the City of Englewood for the appearance and transcript of the proceedings. Upon the call of the roll on the amendment, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen Nays: Councilman Kreiling Absent: None The Mayor declared the amendment to Councilman Rice's motion carried. Councilman Rice stated that he wished to substitute a new motion in place of his previous motion concerning the liquor license of the Casual Lounge. COUNCILMAN RICE MOVED, COUNCILMAN KREILING SECONDED, THAT IT WAS THE FIND- ING OF CITY COUNCIL THAT THE LIQUOR LICENSE HELD BY MR. JOHN JUST, dba CASUAL LOUNGE, DID VIOLATE SECTION 75.2-13 OF THE COLORADO LIQUOR CODE (C.R.S. 1963) IN THAT SAID LICENSEE MADE AN ILLEGAL TRANSFER OF THE LICENSE FROM MR. JOHN JUST TO MR. LEE CORDER: IT IS FURTHER THE FINDING OF COUNCIL THAT NEITHER THE LICENSEE NOR MR. CORDER INTENDED ANY FRAUD TO THE CITY OR TO THE PUBLIC-AT-LARGE IN MAKING SAID TRANSFER: AND IT IS THE CONCLUSION OF COUNCIL THAT NO PENALTY BE ASSESSED AGAINST EITHER PARTY AT THIS TIME, BUT THAT THE COST OF THE COURT REPORTER AND A TRANSCRIPT IN THE AMOUNT OF $60.00 BE ASSESSED AGAINST SAID LICENSEE. Mr. Corder stated that he would pay the City of Englewood for the appearance and transcript of the proceedings. Upon the call of the roll, on the amendment, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen Nays: Councilman Kreiling Absent: None The Mayor declared the amendment to Councilman Rice's motion carried. I I I I I I I I Minutes of April 3, 1967 Councilman Rice stated that he wished to substitute a new motion in place of his previous motion concerning the liquor license of the Casual Lounge. COUNCILMAN RICE MOVED, COUNCILMAN KREILING SECONDED, THAT IT WAS THE FINDING OF CITY COUNCIL THAT THE LIQUOR LICENSE HELD BY MR. JOHN JUST, dba CASUAL LOUNGE, DID VIOLATE SECTION 75.2-13 OF THE COLORADO LIQUOR CODE (C.R.S. 1963) IN THAT SAID LICENSEE MADE AN ILLEGAL TRANSFER OF THE LICENSE FROM MR. JOHN JUST TO MR LEE CORDER: IT IS FURTHER THE FINDING OF COUNCIL THAT NEITHER THE LICENSEE NOR MR. CORDER INTENDED ANY FRAUD TO THE CITY OR TO THE PUBLIC- AT-LARGE IN MAKING SAID TRANSFER; AND IT IS THE <DNCLUSION OF COUNCIL THAT NO PENALTY BE ASSESSED AGAINST SAID LICENSEE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen Nays: Councilman Kreiling Absent: None The Mayor declared the motion carrien. COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY COUNCIL APPROVE THE TRANSFER OF THE CASUAL LOUNGE LIQUOR LICENSE FROM MR. JOHN JUST TO MR. LEE CORDER SUBJECT TO COMPLIANCE WITH THE PREVIOUS ACTIONS OF THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. It was noted by the City Council that the minutes of the Parks and Recreation Commission Meeting of March 30, 1967 with a memorandum "reconunending the purchase of the Rouse property in the Dartmouth Park area be delayed until further study" had not been received. Councilman Rice stated that he felt the City Council should have said memorandum in its possession before taking any action on the reconunendations stated in the agenda. City Attorney Criswell stated that he had engaged a Mr. Montano as legal counsel for the City in the condemnation of the Rouse property at the Dartmouth Park site. Discussion ensued. COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE CITY ATTORNEY BE INSTRUCTED TO STOP ANY ACTION IN RESPECT TO THE ROUSE PROPERTY UNTIL SUCH TIME THAT THE PARKS AND RECREATION COMMISSION COULD MAKE AN RECOMMENDATION IN REGARD TO THE PURCHASE OF SAID PROPERTY. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Ludwig, Fullerton Nays: Councilmen Rice, Parkinson, Kreiling, Hanson, Allen Absent: None The Mayor declared the motion lost. City Manager Dial stated that he had just obtained a draft of the reconunenda- tions of the Parks and Recreation Conunission concerning the delay of the purchase of the Rouse property at the Dartmouth Park site. Mr. Dial stated that the memo- rand\DD contained four reasons for the delay of said purchase until fur"tlher study. Mr. Dial read the following reasons from the draft of the memorandum. 1. It is felt that the trees decreased the 2. The increase in the 3. There is a question since this facility filling in of the area and the cutting down of the desirability of the area for a park. recent appraised value over the original estimated cost. as to the need for another building for a park shop can possibly be provided in the present City Hall. 4. There should be a definite decision made as to whether there is going to be a road through this area before the City proceeds with any purchase. 485 • 4 6 • Minutes of April 3, 1967 City Council discussed the reconunendation at length. COUNCILMAN RICE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE CITY COUNCIL GO ON RECORD AS NOT CONCURRING WITH THE RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION FOR DELAYING THE PURCHASE OF THE ROUSE PROPERTY AT THE DARTMOUTH PARK SITE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Kreiling, Hanson, Allen Nays: Councilmen Ludwig, Fullerton ·~·i.. Absent: None The Mayor declared the motion carried. It was noted by members of the City Council that a second memorandum reconwnending the proposal from Manley, Inc. for providing a concession stand at Belleview Park was not in the hands of the members of the City Council at this time. City Manager Dial stated that he had a reconunendation from the Parks and Recreation Director and briefly discussed said proposal. It was the consensus of council that the City Administration should investigate the possibility of placing the operation and construction of the proposed concession stand at Belleview Park open for public bids. COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE MINUTES OF THE PLANNING AND ZONING COMMISSION HELD ON MARCH 8, 1967, BE RECEIVED FOR THE RECORD. Upon the call of the roll, the vote resulted as follows: Ay es: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. The Minutes of the Piiblic Library Board meeting of March 14, 1967 were re- ceived for the record by the City Council. The Minnte s of the Board of Adjustment and Appeals meeting of March 21, 1967 were received for the record by the City Council. The Minutes of the Water and Sewer Advisory Board meeting with a memorandum recanmending "that should Esco Pav ing Company terminate their existing lease for land known as 2101 West Oxford Avenue, a new lease on similar basis be negotiated and executed with Stub's Fertilizer" were received for the record. COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE ABOVE RECOMMENDATION OF THE WATER AND SEWER ADVISORY BOARD CONCERNING A LEASE WITH STUB'S FERTILIZER SHOULD ESCO PAVING COMPANY TERMINATE THErR EXISTING LEASE BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. Mayor Allen called a recess at 10:25 P.M. Council reconvened at 10:35 P.M. Upon the call of the roll, the following Councilmen were present: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Introduced as a Bill by Councilman Parkinson BY AUTHORITY ORDINANCE NO. 6, SERIES OF 1967 AN ORDINANCE APPROVING JM>: :RATIFYING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND PETER KIEWIT & CO. FOR THE IMPROVEMENT OF CERTAIN STREETS AND DECLARING AN EMERGENCY • I I I I I I I I Minutes of April 3, 1967 COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT ORDINANCE NO. 9, SERIES OF 1967, BE PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. COUNCJiT.MAB LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE BILL FOR AN ORDINANCE AMENDING SECTION 7.1 AND 7.5 OF THE MUNICIPAL CODE OF THE CITY OF ENGLE- WOOD WHICH WAS INTRODUCED BY COUNCILMAN RICE AT THE MARCH 20, 1967 CITY COUNCIL MEETING AND TABLED AT SUCH MEETING BE REMOVED FROM THE T~BLE. Upon the call of the roll, the vote resulted as followss Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. ~ ty Cltttk DVJ)ft -rtNUl--tl\e ~UiiliilCf! Siiotriafti'(ti> lia:QHDiillAdiHid' ciJHla 'lJicUft ~ &i'di.d :n 1-S E,.., l'I N Section 3. Whenever the provisions of the Municipal Code of the City of Engle- wood, or of any other ordinance shall refer to a department, or to the head of a department, by use of the name of said department or department head as the same existed prior to the effective date of this ordinance, the same shall be taken to refer to that department or that department head as the same is established in Section 2 of this Ordinance. City Attorney Criswell advised members of the City Council that one of the ordinance citations in Section 1. of the proposed Bill might be incorrect. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED,THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READIN(; AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE AND THAT THE CITY ATTORNEY AND THE CITY CLERK BE GRANTED THE AUTHORITY TO MAKE ANY NECESSARY CORRECTIONS IN REGARD TO THE CITATIONS IN SECTION 1. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. * City Attorney Criswell reported that he had received a letter from Mr. John Holloway, attorney for the Colorado State Highway Department, concerning the l itigation by Mr. Leo Lentsch against the Colorado State Department of Highways in the denial of left turns at the intersection of Highway 70 and South Bannock Street. Mr. Criswell stated that Mr. Holloway had stated that a decision had not been reached by the court in the matter and that he would be advised when a final decision was obtained. City Attorney Criswell reported that he had acquired the School District parcel for the proposed Bates-Logan park. City Attorney Criswell reported that he had obtained the Ostrousky parcel located at the Dartmouth Park site in condemnation for an amount of $35,700. City Manager Dial submitted a memorandum to Council concerning the protests against the assessments for Paving District No. 16 received at the March 27, 1967 meeting of the City Council. * RESOLUTION NO. 12, SERIES OF 1967 A RESOLUTION DENYING RETAIL LIQUOR LICENSE APPLICATION OF THE NPO CORPORATION. 487 488 Minutes of April 3, 1967 WHEREAS, the NPQ Corporation has heretofore filed its applicatiQn with the City Council of the City of Englewood, Colorado, as the local licensing authority, requesting the issuance to it of a retail liquor store license, to be located at 5125 South Broadway, Englewood, Colorado, pursuant to the provisions of Chapter 75, Article 2, Colorado Revised Statutes, 1963, as amended, and WHEREAS, both the applicant and the City have fully and completely complied with the proper procedure for consideration of said application, including, but not limited to, the giving of public notice thereof arld tlE holding of a public hearing thereon, and WHEREAS, the City Council of the City of Englewood has heretofore given due consideration to the matters presented at said public hearing, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood that the following findings and conclusions are hereby adopted as the findings and conclusions of Council: 1. There has not been an application for this location denied within the two years preceding the filing of this application on the grounds that the reasonable requirements of the neighborhood were being satisfied by existing outlets. 2. The applicant is, or will be, entitled to possession of the premises for which the application has been made. 3. The pertinent zoning regulation does not prohibit the sale of liquor as contemplated in the area in which the proposed outlet is located. 4. The building in which liquor is proposed to be sold is not located within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary. 5. No person who is presently, or who is proposed to be, an officer or director of the applicant, or who owns more than ten percent (10%) of the capital stock thereof, has been convicted of a felony or has any interest in any other liquor license in the State of Colorado. Each of said persons appear to possess a good mor~l character. 6. At the public hearing, it was established that there presently exists retail liquor store licenses at the following locations, among others: Supreme Liquors Gem Liquors Pyramid Liquors 5112 South Broadway 5450 South Broadway 5880 South Broadway 7. In addition to the above, there also exists in or near the neighborhood the following liquor outlets holding a hotel and restaurant liquor license: Hilda's Bar Taste of Honey Interlude Lounge Broadway Bowl 4386 South Broadway 5020 South Broadway 5301 South Broadway 5465 South Broadway 8. At the public hearing the applicant contended that the reasonable re- quirements of the neighborhood for the type of license requested were not being satisfied and, in support of this contention, pr~sented petitions signed by 422 persons in support of the issuance of the license. In addition, applicant contended that it was unhandy and inconvenient for persons shopping at K-Mart, near which the proposed outlet would be located, to patronize the outlet known as Supreme Liquors, located on the east side of the same block on South Broadway, since among other reasons, South Broadway is a divided state highway at that point. Applicant further contended that the business of the proposed outlet would not affect the business of the other retail liquor store outlets located nearby. One person, other than representatives or the applicant, appeared at the public hearing in support of the application. 9. Opponents of the application, of which approximately twenty (20) person- ally appeared at the public hearing, presented petitions containing 414 signa- tures in opposition to the application. In addition, several witnesses, in- cluding the license of the Supreme Liquor outlet, appeared and testified that in their opinion, the present outlets sufficiently satisfy the neighborhood's reasonable requirements, and that it was not inconvenient for customers at K-Mart to obtain packaged liquors at Supreme Liquors or at the other outlets in the neighborhood. I I I I I I I I Minutes of April 3, 1967 10. The application here involved is a "new license", as defined in 1963 c.R.S. 75-2-38, the criteria for the issuance of which is governed by the provisions of 1963 C.R.S. 72-2-42. 11. Based upon the foregoing, City Council finds and concludes that the reasonable requirements of the neighborhood are being satisfied by the presently existing retail liquor store outlets. BE IT FURTHER RESOLVED that, by reason of the foregoing, the application of the NPO Corporation for a retail liquor store license to be located at 5125 South Broadway, Englewood, Colorado, should be, and is hereby, denied. BE IT FURTHER RESOLVED that, ti}is:-:ba0\1.\dfi.dlbcs~cJAi.rcm~ tfOl1ti4.CUIRiQfed>.ifsion etli:n fittl~'Btli:tiinlJ ~'the reasons" for Council's actions, as required by 1963 C.R.S. 75-2-42 (3), and that theCity Clerk is hereby directed forthwith to send a copy of this Resolution to the applicant at the address stated in the application. ADOPTED AND APPROVED AS AMENDED this 3rd day of April, 1967. ATTEST: COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT RESOLUTION NO. 12, SERIES OF 1967, BE ADOPTED AND APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. Mr. Rex Garrett, who had appeared at the Public Hearing.protesting assessments on Paving District No. 16, appeared before Council on behalf of the Tejon Develop- ment Company. City Manager Dial and City Engineer Waggoner presented a street profile which compared the original center line profile with the profile which had resulted from the Tejon construction in Paving District No. 16. Mr. Garrett and members of the City Council discussed the situation. COUNCILMAN LUDWIG MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE RECOMMENDATIONS CONTAINED IN THE MEMORANDUM SUPPLIED BY THE CITY MANAGER RELATIVE TO THE PROTESTS AGAINST THE PAVING DISTRICT NO. 16 ASSESSMENTS BE APPROVED AND INCORPORATED INTO THE BILL FOR AN ORDINANCE ON PAVING DISTRICT NO. 16. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. Introduced by Councilman Ludwig A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR PAVING DISTRICT NO. 16, IN THE CITY OF ENGLEWOOD, COLORADO: APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT: ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICTrPRESCRIBING THE MANNER FOR THE COLLECTION OF SAID ASSESSMENTS: AND DECLARING AN EMERGENCY. 489 • 490 Minutes of April 3, 1967 WHEREAS, there has been compliance with all the provisions of law relating to the construction of paving improvements in Paving District No. 16 in the City of Englewood, Colorado, created pursuant to Ordinance No. 3, Series 1966, finally adopted and approved on the 21st day of March, 1966: and WHEREAS, the improvements authorized by said Ordinance No. 3, Series of 1966, have been completed and accepted by the City and the whole cost of such improve- ments has been determined: and • WHEREAS, an assessment roll has been prepared and a statement showing the total cost of the improvements has been duly filed with the City Council and que notice was given that the City Council would meet to hear and consider objections to the assessment roll on Monday, March 27, 1967, and that the owners of property named in said assessment roll, might, on or before March 23, 1967, file with the City Clerk, in writing, his or their objections to the assessments; and WHEREAS, the City Council met at the time and place specified in the Notice and all objections were heard and considered: and Adjustments were made in the following assessments: Dangny K. Larson, 555 W. Oxford, lots 20 through 23, block 11, Jackson's Broadway Heights, original assessment $467.09 -revised assessment $382.82. Paul W. Karr, 460 W. Quincy Ave., lots 1 thru 4 and the North 20 feet of 5, block 5, Wollenweber's Broadway Heights Second Addition, original assessment $814.77 -revised assessment $807.65. All other written and oral protests were heard by the ' City Council at the Public Hearing on March 27, 1967, considered at the April .3, 1967, regular- Council meeting and denied. WHEREAS, from the statement made and filed with the City Council, it appears that the whole cost of said improvements is the sum of $249,545.70, of which amount the City of Englewood will pay $89,337.60, leaving $160,208.10 to be assessed against the real property in said District, said amount including costs of inspection, collection and other incidentals and also including interest as allowed by law: and WHEREAS, from said statement it also appears that the City Council has apportioned a share of the said whole cost to each lot or tract of land in said District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in a Resolution adopted by the City Council on the 20th day of ~February, 1967, and in a public notice, published in the Englewood Herald and Enterprise on February 23, March 2 and 9, 1967, which Resolution and Notice are by reference made a part hereof: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the whole cost and apportionment of the same, as set forth in said Resolution and Notice, and as amended herein, is hereby approved and con- firmed, and said apportionment is hereby declared to be in accordance with the benefits which the property in said District will receive by reason of the con- struction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the District in the proportions and amounts set forth in said Resolution and Notice, as amended. Section 2. That said assessments shall be due and payable at the office of the City Treasurer, within thirty days after the final publication of this Ordinance, without demand: provided that all such assessments may, at the election of the property owner, be paid in installments, with interst as hereinafter pro- vided. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held an election on the part of all persons interested whether under disability or otherwise, to pay in such installments. In case of such election to pay in installments, the assessments shall be payable at the office of the County Treasurer of Arapahoe County, Colcrado, in ten (10) equal annual installments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1968, and the remainder of said installments shall be due and payable successively on or before the 1st day of January, in each year thereafter, until paid in full, with interest in all cases on the unpaid principal at the rate of six per centum (6%) per annum, payable each year at the time of paying installments of principal. Failure to pay any installment whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and payable inunediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum (1%) per month, or fraction of a month, until the date of tax sale, as by law provided, but ab any time prior to the date of the sale, any owner ·may pay the amount of all unpaid installments with interest at one per centum (1%) per month, or fraction of a month, upon all deliDJPlll!llt installments, and all penalties accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as to any installment or I I I I I I I I Minutes of April 3, 1967 payment, may, at any time, pay the whole.of the unpaid. principal with accrued interest to the date of the next assessment installment payment date. Payments may be made to the City Treasurer at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum (5%) will be made on all payments made during each period, but not thereafter. Inanediately after the expiration of such thirty day period, said assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section 3. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgement shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 4. By reason of the fact that bonds of said Paving District No. 16 are now outstanding and interest thereon will shortly become due and payable, funds must be made available at the earliest possible date for payment of such interest, and for the immediate preservation of the public property, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 5. This Ordinance, after its final passage, shall be recorded in the City Ordinance Book kept for that purpose, shall be authenticated by the signatures of the Mayor and City Clerk, and shall be published in the Englewood Herald and Enterprise, a newspaper of general circulation published in said City, within seven days after its final passage, and ahall be paid in full. Section 6. A public hearing on the Ordinance will be held at the City Hall i n Englewood, Colo.rado, ~n Monday, the 17th day of April, 1967, at the hour of 8:00 P.M., before consideration by the City Council of its final passage and adoption. INTRODUCED AND READ this 3rd day of April, 1967. ATTEST: City Attorney Criswell stated that there were t~o correctio~s that s~ould be made to Re solution No. 12, Series of 1967. The first correction was in paragraph 7 where the Taste of Honey had been improperly stated as a Bit of Honey. The second correction was in paragraph 8 whe~e it sta~ed that no.person representing the applicant had appeared before the City Counci~. Mr. Cris~ell stated that paragraph should reflect that one person representing the applicant had appeared before Council. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT RESOLUTION NO. 12, SERIES OF 1967, BE AMENDED IN PARAGRAPHS 7 and 8 AS RECOMMENDED BY TIE CITY ATTORNEY. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. City Manager Dial stated that bids had been taken for site preparation and grading for the Bates-Logan Park. The low bid had been that of Central ConstructLnn, Inc. in the amount of $9,277.20. Mr. Dial stated that the City of Englewood had received concurrence from the Department of Housing and Urban Development in the award of construction. 491 492 Minutes of April 3, 1967 COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT CENTRAL CONSTRUC- TION COMPANY, INC. BE DEEMED LOWEST AND BEST BIDDER AND BE AWARDED THE CONTRACT IN THE AMOUNT OF $9,277.20 FOR THE SITE.PREPARATION AND GRADING OF BATES-LOGAN PARK. Upon the call of the roll, the vote resulted as-follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Fullerton, Kreiling, Hanson, Allen Nays: None Absent: None The Mayor declared the motion carried. City Manager Dial stated that the City of Englewood had received the first reimbursement from the Department of Housing and Urban Development in the Open Space Project in the amount of $54,128. City Manager Dial stated that he wished to request approval of three out- of-state trips by City personnel. Mr. Dial stated that the first request was that of the Director of Finance to attend the University of Kansas City Managers School at Lawrence, Kansas which will be held on April 19, through 22, 1967. Mr. Dial stated that the estimated cost was $150. Mr. Dial stated that the second trip was that of Detective Ronald E. Frazier to the National F.B.I. Academy in Washington, D.C. from August 14-November 1, 1967. Mr. Dial stated that the third request was that of Sergeant Loren Lee of the Police Department to attend a special training course at the Traffic Institute, Northwestern University, May 15-26, 1967. Mr. Dial stated that the estimated cost of the trip was $300. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY COUNCIL APPROVE THE THREE TRIPS PROPOSED BY MR. DIAL AND THE EXPENSES NOT TO EXCEED THE LIMITS STATED ABOVE. Upon the call of the roll, the v~te resulted as follows: ~ ... Ayes: Councilmen Rice, Parkinson, Ludwig, Fullerton, Kreiling, Hanson, Allen Nays: None Absent: None The Mayor declared the motion carried. City Council briefly discussed the problems of controlling cats within the conununity. It was the consensus of Council not to take any action on the subject at this time. Mr. Dial stated that the City of Englewood did not, at this time, have a technical report on the water which might flow from the prop~sed Gates plant into McClellan Reservoir. Mr. Dial stated that he hoped to have the report by the end of the week, and that Mr. Hugh Harris of Gates Rubber Company stated that he would prefer that the manner not be considered by the City Council until such time as an adequate report had been received. COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, ORDINANCE ON PAVING DISTRICT NO. 16, BE APPROVED ON FIRST PUBLISHED IN FULL IN '1!HE ENGLEWOOD HERALD AND ENTERPRISE. roll, the vote resulted as follows: THAT THE BILL FOR AN READING AND ORDERED Upon the call of the Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried . . RESOLUTION NO. 13, SERIES OF 1967 RESOLUTION DECLARING "R. GEORGE WOODS' DAY" WHEREAS, R. George Woods, Chief of the Englewood Fire Department has announced his retirement effective April 5, 1967, and, WHEREAS, R. George Woods has served as Chief of the regular Fire Department since January 1, 1957, and as Chief of the Englewood Volunteer Fire Department since January 1, 1934, and has been a member of the Englewood Volunteer Fire Department since April 5, 1923, and, WHEREAS, such tenure accounts for forty-four years of continuous service to the City of Englewood and its citizens, and, I I I I I I I I Minutes of April 3, 1967 WHEREAS, such service to the community has been dedicated, devoted, and has constituted a vital role in Englewood's growth and development, NOW, THEREFORE, BE IT RESOLVED that Tuesday, April 4, 1967, shall be de- clared "R. GEORGE WOODS' DAY" in Englewood and that appropriate ceremonies and festivities shall take place so that all citizens and other interested persons may express their thanks and appreciat i on to this worthy and most deserving public servant. ADOPTED AND APPROVED this 3rd day of April, 1967. ayor ATTEST: COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT RESOLUTION NO. 13, SERIES OF 1967, BE APPROVED AS READ. Upon the call of the roll, the vote re- sulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. City Manager Dial read a memorandum from the Director the receipt of bids for sprinkler heads to be used in park reported that four bids had been received. The low bid of did not meet the specifications df the City of Englewood. of the Warner Company met the City's specifications and it City Council accept that bid. of Finance concerning construction. Mr. Dial Colorado Pump Company The second lowest bid was reconunended that the COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED :· THAT THE BID OF THE. WARNER COMPANY FOR SPRINKLER HEADS TO BE USED AT THE BATES-LOGAN PARK IN THE AMOUNT OF $1,664.73 BE ACCEPTED BY THE CITY COUNCIL AS THE LOWEST AND BEST BID AS THE BID OF THE COLORADO PUMP COMPANY DID NOT MEET THE SPECIFICATIONS AND FURTHER THAT THE DIRECTOR OF FINANCE BE AUTHORIZED TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $1,664.73 TO THE WARNER COMPANY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor dec l ared the motion carried. City Ma nager Dial stated that the City had received an informal proposal from the New Englewood, Ltd. requesting that a barricade be erected across from City Hall on South Elati Street in order to permit the construction of a re- taining wall. City Manager read a letter from Dr. Richard c. Tolley, D.V.M., President of the Arapahoe Sertoma Club, urg i ng the City Council to approve an adequate police shooting range to meet the needs of both the police officers and the citizens of the conununity. Mayor Allen read a letter from R. George Woods, retiring Fire Chief, expressing his gratitude and appreciation to the City Council. C~uncilman Parkinson stated that he believed the next session of the City Council would be an appropriate time to take from the table the Bill for an Ordinance concerning lewdness. 494 Minutes of April 3, 1967 Councilman Fullerton stated that he felt the City Council should be con- sidering what will take place in 1968 when backyard incinerators will be banned in Arapahoe County. Mr. Fullerton stated that a number of problems would arise from this change when this ban is placed in effect, including the problem of disposing of refuse. Discussion ensued. It was the consensus of Council that the matter should be studied and investigated. City Attorney Criswell stated that he had met with Mr. Chuck Howe of the Municipal League and Mr. Colbert Cushing in regard to legislation before the Colorado State Legislature which would cau•• the inventory assessment to be removed from personal property assessment over a period of five years. The matter was discussed by the City Council. City Manager Dial stated that he would report to City Council CDnQerning the possible abolition of the inventory tax and its effect on municipal revenue. COUNCILMAN HANSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the meeting adjourned at 12:36 P.M. STEPHEN A. Clerk of the The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 3rd day of April, 1967, stand approved as read this 18th day of April, 1967. I I I I