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HomeMy WebLinkAbout1963-03-04 (Regular) Meeting MinutesI ii I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MARCH 4, 1963 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, March 4, 1963, in the Council Chambers, City Hall, Englewood at the hour of 8:00 P.M. Mayor Brownewell presiding called the meeting to order and the invocation was given by the Reverend Wayne Caldwell of the Wesleyan Methodist Church. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen: Braun, Miles, Parker, Smukler, Woods, Brownewell. Also Present: City Manager Dial, City Attorney Esch, City Clerk Beausang. Absent: Councilman Love. The Mayor declared a quorum present. 631-2 CONSIDERATION OF MINUTES OF PREVIOUS MEETINGS COUNCILMAN SMUKLER MOVED, COUNCII.MAN MILES SECONDED, THAT THE MINUTES OF THE COUNCIL MEETINGS OF FEBRUARY 18 AND FEBRUARY 25, 1963 BE APPROVED AS WRITTEN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woocts, Smukler, Parker, Miles, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. 631-17 PUBLIC HEARING ON DOWNTOWN IMPROVEMENT DISTRICT NO. 1 COUNCILMAN BRAUN MOVED, COUNCII.MAN PARKER SECONDED, THAT THE PUBLIC HEARING ON THE FORMATION OF THE DOWNTOWN IllPROVBMENT DISTRICT NO. 1 BE OPENED. Upon the cal l of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Parker, Miles, Bra~n, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. The Mayor reviewed the progress toward the formation of the Downtown Improvement District. He asked that those favoring the formation of the District speak first, with those opposed speaking afterwards. He stated that time would be given for rebuttal arguments by both sides. Mr. Ray Ludwig spoke for the District. He stated that he felt Englewood was at a cross-roads of an economic crisis involving the gradual obsolescence of the Central Business District. He expressed the hope that Englewood would proceed with the formation of the Downtown District before the deterioration of the Central Business District becomes critical. He discussed the various improvement in district system to provide more ready access from State High- way No. 70 into the Central Business District. · • Ne stated that the particular improvements and the over-all provision as set out in the proposed District were not a recent innovation, but had been under discussion and study by various business men in the downtown area and members of the State Highway Commission and City Planning and Zoning Commission since 1960. He estimated that the cost to a property owner within the proposed district having one lot 50 x 125 feet would be $600. This was based upon an estimate of ten cents per square foot assessment. Mr. Ludwig filed a petition indicating a legal description of land owned by persons favorable to the formation of the District and signatures of the owners of such land. Thirty-two petitions were filed with the City Clerk at 8:16 P.M. He asked that all owners of property within the proposed district consider the value of the improvements to their land within the district. He spoke of the difficulty of determining a better method of assessment for these improve- ments which benefitted all of the downtown area. He remarked that tt was due to the fact that the improvements benefitted the entire downtown area that the per square foot method of assessment had been proposed. Minutes of March 4, 1963 Mr. Jack Eachon stated that there has not been any substantial betterment of the downtown Englewood Business Community since he came to Englewood. He reviewed that the first need was better access into the downtown area and, secondly, that additional parking was required. He asked the Council to act upon the formation of the proposed district as the improvements cannot be deferred without substantial damage to the downtown district. Mr. Robert Montgomery, President of the Englewood Chamber of Commerce, stated that the Board of Directors of the Chamber of Conunerce has gone on record favoring the formation of the proposed district. He stated business in Englewood is not as good as when he first· came into Englewood. He ex- pressed the view that if the district is not organized all property taxes will g~dually increase as the valuation of the downtown district decreases. He urged positive thinking in the formation of the proposed district. The Mayor asked if there were anyone else who wished to speak for the district at this time. There were none. Mr. Richard Graham, Attorney, stated that he owned two pieces of property within the proposed downtown district and also was representing several other property owners in opposition to the formation of the district. He discussed the various bases upon which opposition was based. He spoke particularly of the elderly people who have bought homes in the immediate downtown area for the sake of convenience in shopping and who cannot afford a $600. special assess- ment upon their property. In many cases such an assessment might be confisca- tory. He emphasized that he was .not questioning the merits of the district of the improvements therein, but the impact upon the owners within the district and the fairness of the method of assessment proposed. He reviewed the par- ticular improvements and questioned the value of these improvements to pers~ns whose property did not abut upon those improvements. He discussed the widening of South Logan Street: a street recently paved in an improvement district and the property owners abutting thereon assessed therefor, the same property owners now would be re-assessed for a widening of this street. He questioned the fairness of such an assessment upon this property. He expressed the view that a few property owners would secure substantial special benefits from the formation of the proposed downtown district. He suggested that the widening of the particular atreets involved to provide greater access to the downtown district should be assessed to those properties abut- ting thereon. He stated that previously petitions had been filed with the City Clerk on llarch 1, 1963 representing approximately one million square feet of land owned by those who are protesting the formation of the district. He remarked that in securing signatures of property owners in the downtown area that owners of approximately 500,000 additional square feet have indicated that they do not wish to sign a petition for or against the district. He expressed the viewpoint that the proponents do not have a majority of the owners of pro- perty within the proposed district favorable to the formation of the district. He asked that the City Council consider the formation of · the district very carefully and be particularly careful of the method of assessment as there must be a relation between the assessment and the benefit to the property assessed. Mr. Lawrence Wood, owner of the Dry Creek Shopping Center, agreed with Mr. Graham's remarks. He stated that he did not see where the Dry Creek Shopping Center would benefit at all by the propoaed improvements, as it was located at the intersection of South Logan Street and State Highway 70. He informed the Council that the Dry Creek Shopping Center owns 138,000 square feet, 100,000 square feet of which was reserved for off-street parking. He sunmarized that he was not opposed to development of the central downtown district, but objected strenuously to the method of assessing for those improvements and expressed the view that any assessment upon the property owned by the Dry Creek Shopping center would be unfair and inequitable if not illegal. He stated that if the district is formed it would be inviting law suits against it. Councilman Smukler asked if, in Mr. Woods's opinion, the district is illegal in its formation. Mr. Woods stated that, although he was an attorney, -he was rendering a statement and not a considered opinion upon the matter of the illegality of the district. Mr. Elmer Reed, 3400 block South Cherokee, indicated that his original opposition to the formation of the Downtown Improvement District was the open- ing of South Cherokee Street north thourh the City Park. But now he finds that he is located upon a proposed access to West Girard Avenue. He stated that the small property owners within the district are not : acquainted with . the formation of the district nor its potential assessment upon their property; He remarked that he had spoken ~to approximately one-hundred-fifty persons who were not aware of the formation of the district nor the effects upon them. He stated that including their residences 'Within the district would not in- crease the value of their homes. I I I I I ' I ~ I 'I Minutes of March 4, 1963 He stepped to a map which s h owed the City limits of Englewood and the outline of the district as compared to the entire City. He expressed the view t h at the improvement of the downtown district either rest upon the business men of that district or upon the City as a whole and not upon a small area of the City. He referred to the number of protest petitions and letters previously filed with the City Cler~. Mr. M. M. Summers, 3140 South Delaware Street, spoke in opposition to the proposed district. He stated that he opposed the district as the tax was unjust and would jeopardize the future development of Englewood. He pointed out that the Planning Director has outlined a master street plan for Englewood which when ready to be placed into effect will be opposed by the property owners because of the development of the downtown distric,t: and the assessments therein. He stated that owners "of fourteen City blocks will not benefit from the improvements. He figured that the per front foot cost of these improvements would be from $11.75 to $15.00 and this would be assessed against property which would not receive one penny's value. He reviewed that several bridges were involved in the proposed district but that one of the most necessary bridges, that at South Bannock and Girard had not been included. Various property owners have asked the Downtown District supporters specifically to include this improvement, but they have refused. He expressed the view that the entire proposition was illegal because the Cherokee bridge was to be erected over undedicated land, that of the proposed Girard Street, and as two subjects cannot be contained in one ordinance they cannot correct this deficiency and form the District at the same time. 'He read the property owners who had signed protest petitions against the formation of the District as follows: PETITION We, real estate prope~ty owners located within the boundaries of the proposed Improvement District in Central Engle...ood, hereby protest the formation of this District and wish to withdraw our property from the pro- visions of this requirement. Aforesaid District known as Downtown Improve- ment District No 1, signed by twenty-four signatures and legal descriptions of property followed. He seated that, of the seventy-six small homes included within the District, sixty-five signed in opposition. He estimated that the formation of the District would raise the taxes on these properties at least $77.00 a year. Councilman Braun inquired about the signature of owners of the Nielsen Property. He stated that petit,on No. 8 of the proponents show the signa- tures in favor while the protest peitions show signatures in opposition. Mr. Summers stated that Mr. Robert Close had signed on behalf of Barbara Holthouse and Mrs. Nielsen approximately ten days ago. Mr. Harry Carlene, 5020 South Fox Street, stated that he was in opposi- tion to the formation of the District. He argued that there was no reason to depart from the method of assessment for stre•t improvement originated approximately ten years ago, that the property abutting upon a street or within one-half block of a side street would be assessed for the improvement of the street. The proposed Downtown District abandons this policy and sets out an assessment upon a square foot area. He objected to the organization of the District as proposed. Mr. Charles Fritzsinger, contractor and developer, spoke against the formation of the District. He stated that if the buildings in the downtown district were improved and adequate parking provided that the District as proposed would be unnecessary. He spoke for the replacement of the bridge at South Bannock Street and remarked that the property owners in the 3400 block South Bannock are beinq taxed to death. Mr. Ben Housz, owner of the American Office Building, spoke of his difficulties in securing adequate parking and spoke for the widening of South Bannock. Mr. B. B. W£ight stated that although he was in favor of just improve- ments, that he/~p~sed to the Downtown Improvement District. He stated that he had property abutting upon the 3500 block South Logan and that about four years ago it was paved and is. now in perfect shape. The proposed District would provide for its widening. He stated that people cannot afford to have streets widened six to eight feet and pay an assessment of $600 per fifty foot lot for that widening when but four years before a similar assessment had been levied against that property. He expressed the view that the business men have not acted to keep up the Downtown Business District during the past twenty years and are now asking individual property ownera and residents to pay their improvements. : ,• 528 Minutes of March 4, 1963 He stated that persons on South Logan Street are paying for a bridge at South Cherokee while those persons living next to it are not being assessed at all. He compared Englewood's and Denver's taxes and stated that no more taxes should be added. Mr. Howard Davey, 3500 block South Lo9an Stre•t, showed a post-card notice which he had received to those present. He stated that he did not see the need for the widening of South Logan Street and had not observed any traffic bottleneck developing within that block necessitating such a widening. He suggested, that in fairness, credit should be given to those property owners on South Logan Street for the asseasment they had paid for the recent paving of South Logan Street. He asked the Council's careful consideration of the problem afforded by the widening of South Logan Street and re-assessing of those property owners. Mr. Charles Eria, 3536 South Logan Street, stated that nearly everyone favors civic improvements, but home and residential owners feel that it is a hardship to be charged with ten cents a square foot assessment for improve- ments which benefit the business and commercial area. Mr. Barney Smith, 3560 South Logan, stated that some of the property owners are still paying on the previous paving assessment ard that the assessment for the Downtown District, if passed, will be a tax upon tax and not needed. The Mayor asked if there were anyone else who wished to speak against the District. There was none. The Mayor requested those favorable to present their rebuttal. Mr. Ray Ludwig stated that he did not feel it was necessary to reiterate the proposal and that the opponents had introduced certain inaccuracies into the public hearing, but that they were not too serious. So he swmnarized by stating that the arguments are the same as being presented before City Councils throughout the land whenever similar questions and proposals are su99ested. He spoke of the need for action on the District to fulfill the City's commitment to the State Highway Department, as well as, to provide necessary exits into the Central Business area. Mr. Graham spoke in rebuttal for the opposition, emphasizing that he had no objections to the improvements, nor to the proposal that the businesses act to provide a better business base in Englewood, but that he did object to the method of assessing the property owners for those improve- ments. He emphasized that there was not uniform benefits accruing to the property within the District, while the assessments were based upon a square foot area. Mr. Paul Ambrose spoke briefly of the purpose of the District and that although he was concerned with one of the largest properties within the District and not a direct beneficiary of the District, that he was favorable to the District. He stated, that on the other hand, the property owners b:>rdering on South Logan Street were beneficiaries and yet they were opposed. The Mayor stated for the benefit of those present that the legal ttice advertised in the Englewood Herald and Enterprise was sufficient notic or the formation of the District, but as a courtesy to the proper~ owner Postal Cards were mailed in advance of the meeting to five further notice of the meeting. The Mayor asked that the City Clerk read the various letters submitted in protest to the proposed District. The City Clerk read the letters written in protest from various companies and individuals as follows: Safeway Store, Inc., A. E. Olson, Division Property Manager Englewood Masonic Building Association, by the President of the Temple Board Clarence E. Beaulae, 3490 South Grant Street Mr. c. w. Gilpatric, 3463 South Bannock Street Robert H. McNeal, Jr., at Hampden and Grant Streets Miss Sarah E. Hammond, 3230 South Lincoln Street Mr. Edwin w. Crysler, 3437-39-41 South Broadway; 3498 South Broadway; 3494, 3496 South Broadway Mr. M. A. Dailey, vicinity Logan and Hampden Street Mr. James s. Hartshorn, 111 West Hampden Avenue Marvin L. Covert, 3594 South Logan Street Edith M. Ness, 3263 South Broadway Rober t M. Duncan, 16 West Hampden Avenue A. N. Ochs, 3242 South Broadway David Vissier, 3201-3215 South Logan Street George W. Calkins, 195 West Hampden Avenue Lee Corder, 3294 South Acoma Street Howard D. Davie, 3570 South Logan Street Sol Stark, 3480 South Logan Street ii I I I ,I I I I Minutes of March 4, 1963 A petition as follows: ENGLEWOOD CITY CDUNCIL, WE THE UNDBRSIGNED HC»tE PROPERTY OWNERS LIVING WITHIN THE PROPOSED IMPROVEMENT DISTRICT IN CENTRAL ENGLEWOOD IMPLORE YOU TO REJECT THIS PROPOSAL AND REPtJSE TO INITIATE IT AND THUS Ba.DEN THE PEOPLE AND PAR- TICULARLY THE SMALL HOME OWNERS. THE DISTRICT IS TOO SMALL AND WILL INCREASE THE TAX BURDEN ON SMALL HOME OWNERS AS MUCH AS 50%. PLEASE REJECT THIS PROPOSAL. The petition bore 79 signatures. PETITION WE, RESIDENT Ha.tE OWNERS, IN THE 3400 BLOCK ON SOUCH CHEROKEE STREET PROTEST THE PROPOSAL TO ROUTE THE EAST INBOUND TRAFFIC INTO ENGLEWOOD BY BRINGING IT ONE BLOCK OUT OF THE WAY ONTO CHEROKEE BY OUR HalES. THIS HEAVY TRAFFIC, INCLUDING BUSSES, TRUCKS WITHOUT MUFFLERS, AMBULAlilCES, LATE TAVERN PATRONS, DRUNKS, AND HOTRODDERS OFFERS NO COMFORTING THOUGHT. WE COULD BEAR THIS WITH SOME DEGREE OF TOLERANCE IF THIS WAS A NECESSARY AND A DIRECT ROUTE INTO THE CITY, BUT NOT AS AN OFF-:CENTER ROAD INSTBAD OF A SERVICB ROAD WHICH COULD BE BUILT DIRECTLY AND ALONG HIGHWAY 70 AND TERMINATING ALONG HAMPDEN INTO SOUTH BANNOCK STREET. Thirteen signatures secured by Elmer E. Reed were on the petition and each signature certified thereto. PETITION WE, REAL ESTATE PROPERTY OWNERS LOCATED WITHIN THE BOUNDARY OF THE PROPOSED IMPROVEMENT DISTRICT IN CENTRAL ENGLEWOOD HEREBY PROTEST THE FORMATION OF THIS DISTRICT AND WISH TO WITHDRAW OUR PROPERTY FROM THE PROVISIONS OF ITS REQUIREMENTS. AFORESAID DISTRICT KNOWN AS DOWNTOWN IMPROVEMENT DISTRICT NO. 1. This petition was signed by the following persons: L. Norval and Rose E. Pearce, 3801 South Lincoln William s. wright, 201 West Hampden Avenue Ruth I. Huempfner and Navonne L. Lichtenhan 3512-14-16-18-20 S. Broadway Millers Super Market, 101 West Floyd Avenue Ira L. Ouiat, 3392-3398 South Broadway c. Charles Buechler, 3580 South Broadway Lawrence M. Guilford, Eleanor L. Lesage and William Robert Hagge, 3434-36-38 South Broadway Barbara Nielsen Holthaus holdings by Robert H. Close, Attorney Aaron Miller, 3366 South Broadway Margie L. Stevens, 3240 South Lincoln Street KinnicKinnic Realty Company, 3385 South Bannock Street John Laurenzoeno, 3484 South Broadway Gordon s. Taylor for Calmers Publishing Company, 3375 South Bannock Street Claude Shattuck, Charles F. Bush, Dry Creek Shopping Center Willard Snell, Sr. 3458 to 3470 South Lincoln Street Harry Rosenbaum, 3415 South Acoma Street Albert Susman, 3500 South Broadway Harry Grousman, Inc., by Ronald Groussman A letter from Charles F. Bush representing the Dry Creek Shopping Center Allen B. Strong for the First United Presbyterian Church of Englewood Stransfeldt Trust, by Fred Stransfeldt, Trustee The above signatures being secured and certified by M. M. Summers COUNCILMAN BRAUN MOVED, COUNCIIMAN SMUKLER SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Woods, Smukler, Parker, Miles, Braun, Brownawell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. Councilman Braun inquired of the City Attorney as to the legal effect upon the formation of the District including properties previously assessed for street improvements. The City Attorney stated that such a procedure could be followed as the improvements are not of an identical nature. The Mayor asked if, in the case of a counter-petition, there were any requirements for a greater than majority vote by the Council to create the District as occurs in the case of a counter-petition against zoning. The City Attorney stated that there was no such requirement and that a simple majority of a quorum of the Council voting for the District or against the District would be sufficient. Councilman Braun expressed the problem of analyzing the petitions .. ~- 530 Minutes of March 4, 1963 presented for the proposed District and the petitions and protest letters presented in opposition to the District. He pointed out that in several cases person$ signed both for and against the District. Discussion enaued. COUNCILMAN MILES MOVED, COUNCIUL\N PARKER SECONDED, THAT THE MATTER BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Parker, Miles, Brownewell. Nays: Councilmen Smukler, Braun. Absent: Councilman Love. The Mayor declared the motion carried. RECESS The Mayor called a recess of the Council until 10:35 P.M. CALL TO ORDER The Mayor called the Council to order at 10:35 P.M. with the following members present: Councilmen Braun, Miles, Parker, Smukler, Woods, Brownewell. The Mayor declared a quorum present. 621-42 CONSIDERATION OF BIDS FOR CONSTRUCTION OF SCENIC VIEW SANITARY SEWER DISTRICT PROJECT The City Manager discussed the bid tabulation sheet of the bids for the construe tion of the Scenic View Sanitary Sewer District opened at 10:00 A.M., March 4, 1963. A summary of the bid tabulation follows: NAME OF COMPANY E 1gineer's Estimate Utility Contractors Co. Holsum Concrete Products Janeen Construction Co. TOTAL SEC'l![ON A $286,285.78 292,189.56 213,873.67 211,922.13 TOTAL SECTION B $46,022.02 35,841.14 32,692.35 32,997.95 GRAND TOTAL $332,307.80 328,030.70 246,566.02 244,920.08 The City Manager recommended the award of the contract to the low bidder. COUNCIU4AN BRAUN MOVED, COUNCIIMAN WOODS SECONDED, THAT THE RECaotEN- DATION OF THE CIT¥ MANAGER BE ACCEPTED AND '!HAT THB CONSTRUCTION OF THE SEWER LINES IN THE SCENIC VIEW SANITARY SEWER DISTRICT BE AWARDED TO THE LCM BIDDER, JANSEN CONSTRUCTION CO., FOR A TOTAL BID OF $244,920.08 AND THAT THE MAYOR AND CIT¥ CLERK BE AUTHORIZED TO SIGN CON'l'RACTS FOR THIS CONSTRUCTION ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Parker, Miles, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. 621-42 CONSIDERATION OF BIDS FOR THE SALE OF BONDS TO FINANCE SCENIC VIEW SANITARY SEWER DISTRICT The City Clerk-Treasurer reported that bids had been received for the financing of the Scenic View Sanitary Sewer District, based upon an estimated need of $275,000 bonds issued. Bids were opened at 2:00 P.M., Monday, March 4, 1963, with the following results: Total Total Interest Interest Company Name Cost Rate Stern Bros. & Co. et al $36,925.00 2.99715% J. A. Hogle Co. et al 37,174.50 3.0174 % Boettcher & co. et al 41,648.00 3.3805 % Kirchner & Co., Denver 45,330.00 3.6793 % Hanifan, Imhoff & Samford, Inc. , Denver 43,675.00 3.5413 " The City Treasurer recommended that the low bid be accepted. I A II ~ II I ,. ~ , .. II I 11 I Minutes of March 4, 1963 COUNCIIM.AN SMUJ<LER MOVED, COUNCIIMAN MILES SECONDED, THAT THE LOW BID OF STERN BROTHERS & COMPANY, DENVER AND GEORGE K. BAtM COMPANY, DENVER, POR THE PURCHASE OF $275,000.00 SCENIC VIEW SANITARY SEWER DISTRICT BONDS AT A NET EFFECTIVE RATE OF 2.99715 PER CENT BE ACCEPTED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AN ACCEPTANCE ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Parker, Miles, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. The City Clerk stated that the bond attorneys had prepared a bill for an ordinance to authorize the issuance of these bonds. Introduced as a Bill by Councilman Braun A BILL POR AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF ENGLEWOOD, COLORADO, SCENIC VIEW SANITARY SEWER DISTRICT BONDS AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. WHEREAS, Scenic View Sanitary Sewer District, in the City of Englewood, Colorado has been duly created by Ordinance No. 24, Series 1962, of said City, finally adopted and approved on the 4th day of September, 1962: and WHEREAS, Notice to Contractors to submit bids for the construction of the improvements in said District has been duly published and the contract for such construction has been duly awarded to Jansen Construction Co. of Golden, Colorado: and WHEREAS, Notice of the Sale of approximately $275,000 of the bonds of said District has been duly published and $275,000 of such bonds have been awarded to Stern Brothers & Company, of Denver; and WHEREAS, it is now necessary to provide for the issuance of said bonds and the form and payment thereof: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. By virtue of and in pursuance of the laws of the State of Colorado, the Charter and Ordinance No. 8, Series 1959, of said City, bonds of Scenic View Sanitary Sewer District in said City shall be issued for the purpose of paying for improvements constructed and installed in said Sewer District. Said bonds shall be dated as of April 1, 1963, and shall consist of 275 bonds in the denomination of $1,000 each, numbered 1 to 275, inclusive. Said bonds shall be payable to bearer and shall be absolutely due and payable on April 1, 1975, subject to call and prior payment in direct numerical order at par and accrued interest at any time after the date thereof upon thirty days notice published in the Englewood Herald and Enterprise. Said bonds shall be subscribed by the Mayor, attested and countersigned by the City Clerk and Treasurer, un.der the seal of the City, and shall be payable out of monies collected from assessments to be levied for the improve- ments constructed in said District and from funds hereinafter mentioned. Should any officer whose signature or facsimile signature appears on said bonds or the coupons thereto attached cease to be such officer before de- livery of the bonds to the purchaser, such signature or facsimile signa- ture shall nevertheless be valid and sufficient for all purposes. Said bonds shall bear interest payable semi-annually on the lst day of April and 1st day of October each year as evidenced by two sets of coupons to be attached to said bonds, such coupons to be signed with the facsimile signature of the City Clerk and Treasurer. Said interest coupons shall be designated "A" and "B" respectively. Coupons shall be attached to bonds numbered in the following schedule showing interest rates and the "B" coupons to be attached to each of said bonds towit: BOND NOS. 1-50 51-88 89-121 122-149 150-176 177-203 204-225 226-245 246-261 262-275 AMOUNT 50 38 33 28 27 27 22 20 16 14 "A" COUPONS FROM DATE TO MATURITY 2 2 1/4 2 1/2 2 1/2 2 3/4 2 3/4 3 3 3 3 II B" COUPONS FROM MAY 1, 1963 TO OCTOBER 1, 1963 $10.30 ea. bond on all bonds of issue. 532 Minutes of March 4, 1963 Section 2. Said bonds and the coupons to be attached thereto shall be in substantially the following form: No ---- UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD SCENIC VIEW SANITARY SEWER DISTRICT BOND $1,000 The City of Englewood, in the County of Arapahoe and State of Colorado, for value received acknowledges itself indepted and hereby promises to pay to the bearer hereof the principal sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, on the 1st day of April, 1975, subject to call and payment, however, at any time prior thereto, with interest thereon as evidenced by interest coupons designated "A" at the rate of per centum ( %) per annum from date until payment, and additional interest as evidenced by interest coupons designated "B" at the rate of per centum ( %) per annum for the period from date to l, 19 , inclusive, all interest payable on the ·1st day of April and the 1st day of October each year, principal and interest being payable at the office of the City Treasurer, in Englewood, Colorado, on presentation and surrender of the attached coupons and this Bond as they severally become due or are called for payment. This Bond is issued for the purpose of paying the costs of construcing and installing sanitary sewer improvements in Scenie View Sanitary Sewer District, in the City of Englewood, Colorado, by virtue of and in full con- formity with the laws of the State of Colorado, the Charter of said City and an Ordinance of said City duly adopted, approved, published and made a law of said City prior to the issuance hereof. This Bond is payable out of the proceeds of special assessments to be levied upon rea,l estate situate in the City of Englewood, Colorado, in Scenic View Sanitary Sewer District, specially benefited by said improve- ments, which assessments so to be levied, with accrued interest, will be liens on said real estate in the respective amounts to be apportioned thereto and assessed by an ordinance of said City, and, if necessary, from the Surplus and Deficiency Fund heretofore created pursuant to the Charter of said City. The Charter of said City provides: "Whenever a public improvement district has paid and cancelled four-fifths of its bonds outstanding, and for any reasonthe remaining assessments are not paid in time to take up the final bond f the district and interest due thereon, and there is not sufficient mon y in said special surplus and deficiency fund, then the City shall pay said bonds when due and interest due thereon and reimburse itself by collecting the unpaid assessments due said district." It is hereby certified and recited that the total issue of bonds of said City for said District, including this Bond, does not exceed the amount authorized by law: that every requirement of law relating to the creation of said Scenic View Sanitary Sewer District, the making of sald local improvements and the issuance of this Bond has been fully complied with by the proper officers of said City and that all conditions required to exist, and things required to be done precedent to and in the issuance of this Bond to render the same lawful and valid, have happened, been properly done and performed, and did exist in regular · and due time, form and .. nner, as required by law. For the payment of this Bond and the interest thereon, the City pledges all of its lawful corporate powers. IN TESTIMONY WHEREOF, the City of Englewood has caused this Bond to be subscribed by its Mayor, attested and countersigned by its City Clerk and Treasurer under the seal of the City, and the interest c:Oupons hereto attached to be signed with the facsimile signature of the City Clerk and Treasurer, as of the 1st day of April, 1963. (SEAL) 'v(;<;Lw .J/ Mayor ATTBSTED AND COUNTERSIGNED: City Clerk and Treasurer ii ... I .t: I ,I I I I I (FORM OF COUPON) No. A ___ _ No. B ___ _ Minutes of March 4, 1963 $ __ $ __ On the 1st day of o~~a!ir, 19 , the City of Englewood, in the County of Arapahoe and State of Colorado, will pay to the bearer DOLLARS DOLLARS in lawful money of the United States of America, at the office of the City Treasurer, in Englewood, Colorado, being interest then due on its local improvement bond issued for the construction and installation of sanitary sewer improvements in Scenic View Sanitary Sewer District, Englewood, Colorado, provided the Bond to which this coupon is attached shall not have been theretofore called for payment or paid. Attached to Bond dated April 1, 1963, bearing No. ___ _ (Facsimile Signature) City Clerk and Treasurer Section 3. The proceeds of said bonds shall be applied only to pay the costs and expenses of constructing and installing the improvements in said District and~all other costs and expenses incident thereto. In the event that all of the proceeds of said bonds are not required to pay such costs and expenses, any remaining amount shall be paid into the special assessment fund for the purpose of calling in and paying the principal of and said interest on said bonds. Section 4. Said bonds and the interest thereon shall be paid from special assessments to be levied on real property in said District from the Surplus and Deficiency Fund of said City and from any other available funds of the City. When there is on hand a sufficient amount to pay six months' interest on outstanding bonds of said District, the City shall call for payment of outstanding bonds in numerical order with funds available therefor. Section 5. After the expiration of the period for cash pa~ents of assessments in full, the City shall pay each year not leas than 10% of the total amount of bonds of said District outstanding after the payment of bonds with the proceeds of such cash payments of assessments in full. Section 6. That in accordance with Section 108 of the Charter of said City, whenever there is a deficiency in the fund of said Improvement District to meet payment of outstanding bonds and interest thereon, such deficiency shall be paid out of the special Surplus and Deficiency Fund of said City. Whenever said District has paid and cancelled four-fifths of the bonds issued therefor and for any reason the remaining assessments are not paid in time to take up the final bonds of the District and interest due thereon, and there is not sufficient money in said Surplus and Deficiency Fund, then the City shall pay said bonds when due and interest due thereon and reimburse itself by collecting the unpaid assessments due said District. Section 7. If it shall be necessary to advance money to maintain cur- rent payments of interest and equal annual payments of the principal amount of the bonds issued for said District, the City Council shall levy annual taxes on the taxable property within the City not exceeding two mills in any one year and shall apply the proceeds of such taxes for ~id purpose. In lieu of such tax levies, the Council may annually transfe o such special fund any available money of the City, but in no event shall he amount transferred in any one year exceed the amount which would result from a tax levied in such year as herein limited. Such tax levies or transfers of runds may be made in accordance with and pursuant to Section 109 of the Charter of said City. Section 8. Should any part or provision of the Charter of the City of Englewood, Colorado, or this Ordinance, or any part of provision of an ordinance of the charter of any other City in the State of Colorado having substantially similar terms and provisions as those contained in the Englewood Charter or this Ordinance, ever be judicially determined to be invalid or. unenforceable, such determination shall not affect the remaining parts arid provisions of the Englewood Charter of this Ordinance, the inten- tion being that each part and provision of the Charter and this Ordinance is severable. All ordinance or parts thereof in conflict with this Ordinance are hereby repealed. 534 Minutes of March 4, 1963 Section 9. This Ordinance, after its final passage, shall be recorded in a book kept for that purpose; •hall be authenticated by the signatures of the Mayor and City Clerk; shall be published as provided in the Charter of the City; and after becoming effective, shall be irrepealable until the bonds of said District shall be paid in full. Section 10. A public Hearing on this Ordinance will be held in the Council Room of the City Hall on Monday, the 18th day of March, 1963, at the hour of 8:00 o'clock P.M., and Notice of such hearing is hereby auth- orized to be given by publication once in the Englewood Herald and Enterprise a nd Press, in its issue of March 7, 1963. Section 11. This Ordinance shall take effect thirty days after publi- cation following final passage. INTRODUCED AND READ This 4th day of March, 1963. \.-/.2_/ ) -; /' ,;;i.A J~c (\ v ~ Mayor - ATTEST: was read for COUNCILMAN BRAUN MOVED, COUNCILMAN MILES SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST 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 Woods, Smukler, Parker, Miles, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. 631-7 MINUTES OF THE WATER AND SEWER BOARD MEETING OF FEBRUARY 12, 1963 The Mayor asked that the minutes be received and placed on file. 631-5 MINUTES OF CAREER SERVICE MEETINGS OF FEBRUARY 7, AND 27, 1963 The Mayor asked that the minutes be received and placed on file. 631-4 MINUTES OF THE BOARD OF ADJUSTMENT AND APPEALS MEETING OF FEBRUARY 13, 1963 The Mayor asked that the minutes be received and placed on file. Councilman Miles inquired if it were within the authority of the Board of Adjustment and Appeals to allow the construction of apartments on a fifty foot lot in an area requiring seventy-five foot lots and referred to case No. 69-94 A as an example. Discussion ensued. The Mayor sugqested that perhaps the differences in the determination of tne Jurisdiction of the Board of Adjustment could best be discussed at a joint meeting between the City Council and the Board of Adjustment. The City Attorney thought that perhaps a list of areas and regulations within which the ordinance clearly granted authority to the Board of Adjustment . and Appeals to grant variances would be more in order and after receipt · of the list of areas in which the Board of Adjustment could clearly exer- cise jurisdiction powers. Points of difference could be discussed at a joint meeting. Discussion ensued. COUNCIIHAN PARKER MOVED, COUNCIIHAN WOODS SECONDED, THAT THE CITY ATTORNEY BE DIRECTED TO REVIEW THE PLANNING AND ZONING ORDINANCE AS WELL AS PROVISIONS OF THE MUNICIPAL CODE TO DETBRMINB AREAS WITHIN WHICH THE BOARD OF ADJUSTMENT AND APPEALS HAS JURISDICTION AND TO SET FORTH THE REGULA- TIONS AND REQUIREMENTS WHICH APPLY IN THOSB CASBS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Parker, Miles, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. I I I I I I I I Minutes of March 4, 1963 631-3 MINUTES OF THE PARK AND RECREATION COMMISSION MEETING OF FEBRUARY 28TH The Mayor asked that the minutes be received and placed on file. 631-29 FINANCIAL STATEMENT OF THE FIREMEN'S PENSION FUND FOR THE YEAR ENDING DECEMBER 31, 1962 631-30 FINANCIAL STATMENT OF THE POLICF.MSN'S PENSION FUND AS OF DECEMBER 31, 1962 The Mayor asked that the above reports be received and placed on file. 631-6 RELATING TO PLANNING AND ZONING COMMISSION MEETING OF PBBRUARY 21, 1963 The Mayor asked that the memorandum-be received and filed. 631-14 RELATING TO REDISTRICTING OF THE CITY FOR ELECTION PURPOSES The City Clerk read the following recommendation from the Election Commission: ' "February 25, 1963 RECOMMENDATION FOR COUNCIL DISTRICTING BY ELECTION COMMISSION It is recommended that County Precincts be arranged and totaled into proposed City Districts as follows: DISTRICT COUNTY DISTRICTS No. 1 1, 2, 3 I 9 I 10, 21, 22 No. 2 4, 5, 6, 7 I 8 I 54 No. 3 11, 12, 13, 14, 15 No. 4 16, 17, 18, 19, 20, 25, 26, 28, 36 Estimated total Average 1021.5 persons 71tJ' variance 76 persons range 946 to 1098 persons. All of above estimates fall within the range. ESTIMATE REGISTRATION 1003 971 1022 1090 4086 District Boundaries would be as set forth in the attached maps. Data and basis for calculations are attached. Submitted this 25th day of February, A.O., 1963. /a/ B. o. Beausang City Clerk Chairman Election Commission COUNCILMAN MILES MOVED, COUNCILMAN PARKER SECONDED, THAT THE RECOMMEN- DATION OF THE ELECTION COMMISSION RELATING TO THE REDISTRICTING OF THE CITY BE ACCEPTED AND THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE A BILL FOR AN ORDINANCE SETTING FORTH THE DISTRICT BOUNDARIES AS PROPOSED. '.'.'Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Parker, Miles, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. 631-16 ORDINANCE RELATING TO AGE LIMIT FOR POOL HALLS Introduced as a bill by Councilman Love BY AUTHORITY ORDINANCE NO. 11, SERIES OF 1963 AN ORDINANCE AMENDING SECTION 19.4-2 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY MINOR UNDER THE AGE OF SIXTEEN YEARS TO BE FOUND IN A POOL OR BILLIARD ROOM WHICH IS OPEN TO THE PUBLIC, EXCEPT WHEN ACCOMPANIED BY A PARENT OR GUARDIAN. was read for the second time. 536 Minutes of March 4, 1963 COUNCILMAN PARKER MOVED, COUNCILMAN WOODS SECONDED, THAT ORDINANCE NO. 11, SERIES OF 1963 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 Woods, Smukler, Parker, Miles, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion car ried. 631-28 RELATING TO eos~s OF RECALL ELECTION The City Attorney read the following opinion in full: "JOSEPH W. ESCH Attorney and Counselor at Law 303 First National Bank Building Englewood, Colorado February 26, 1963 Honorable L. L. Brownewell, Mayor and City Council City of Englewood P. O. Box 178 Englewood, Colorado ' I Gentlemen: ,, 'I Pursuant to your directive at the Council meeting of February 18, I have checked and considered the resolution adopted February 7 by the Election Commission relative to recall elections, which was transmitted to the City Council for its consideration and implementation as may be required. In my opinion, any provision requiring the petitioners for a recall election to pay the cost of such election in the event the recall of the officer or officers involved fails, is clearly unconst1tutional. The duty of the Election Commission on the presentation of such a petition is ministerial, only, to determine if the petition contains the requisite number of figures for a recall election. Requiring a bond to be posted at the time of the filing of such pEti.tion goes beyond such ministerial duty and is in violation of the rights of the petitioners. The right of recall is reserved to the electors of a City under Article XXI of the Colorado Constitution and Article IV of the City Charter. To exact from the petitioners a price for petitioning for a recall of a city officer would not only be a violation of their absolute rights under the aforesaid articles of the Constitution of the State of Colorado and Charter of the City of Englewood, but would further be a violation of Section 1 of Article II vesting all political power in the people, Section 24 of Article II reserving to the people a right to apply to the government for redress of grievances under the Colorado Constitution, and Section 1 of Article XIV of the United States Constitution as to equal protection of the laws. JWE/vb Respectfully submitted, /•/ Joseph w. Each, City Attorney City of Englewood cc: Mr. Stanley H. Dial, City Manager Mr. B. o. Beausang, Chairman, Election Commission" The Mayor asked that the opinion be accepted and placed on file. ATTORNEY'S CHOICE The City Attorney stated that he had received a letter from Miss Irma Vollkelt, 4112 South Sherman Street, a sixteen year old girl suggesting that the former KLZ radio transmitter site ahould be used for park purposes and that the public should vote upon this. The letter was passed among the Council members and the City Attorney stated that he would answer the letter on behalf of the City. 622-37 RELATING TO PAVING DISTRICT NO. 13 Introduced as a Bill by Councilman Braun A BILL FOR AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, I I I I I 'I Minutes of March 4, 1963 TO BE KNOWN AS PAVING DISTRICT NO. 13; ORDERING THE CONSTRUCTION THEREIN OF STREET IMPROVF.MENTS; PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SfBCIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and Ordinance No. 8, Series of 1959, as amended, of said City and the laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 13, in said City, and the construction therein of certain street improvements, as described herein: and WHEREAS, the City Council has heretofore directed the City Engineer to prepare plans, specifications, maps and schedules in accordance with said laws: and WHEREAS, the City Engineer has made his report in the premises and has filed with the Clerk of said City all maps and certificates of his survey, as well as schedules, plans, specifications, approximations of cost, and all other matters and things in complete form and substance as by law required: and WHEREAS, the said report so made and filed, together with details, specifications, estimates, maps and schedules, are hereby approved and adopted by said City Council: and WHEREAS, the City Council directed the City Clerk to publish in the Englewood Herald and Enterprise, a newspaper of general circulation in said City, Notice of a proposition to create said District; and WHEREAS, because of a failure to publish said Notice on January 31, as specified, the Council ordered the publication of a new Notice and directed that a Hearing on said proposition to create Paving District No. 13 be held at an adjourned meeting of the Council on February 25, 1963: and that on sa~d date at 8:00 o'clock P.M., all complaints and objections that might be made in writing concerning the proposed improvements by the owner or owners of any real estate to be assessed, or any person or persons interested generally, would be heard and determined by the City Council of said City of Englewood, before final action of said Council thereon, and that after the determination of all complaints and objections was made, said City Council would take up and consider an ordinance creating said District and ordering the proposed improvements: and WHEREAS, the City Clerk, by advertisement for a period of more than fifteen (15) days prior to the said 25th day of February, 1963, gave notice in form and substance of the matters and things above-mentioned as ordered to be given, in all respects in accordance with law and said order; and WHEREAS, the City Clerk has mailed to each known owner of real property to be assessed with the cost of said improvements a Notice of Intention to create said District, as provided by the Reaolution adopted by the City Council on February 4, 1963; and WHEREAS, at the time and place specified in said Notice, to-wit: February 25, 1963, the City Council met in open session for the purpose of hearing any objections or protests that might be made against said improvements; and WHEREAS, certain written objections were filed and certain oral in- quiries and objections were made at said meeting; and WHEREAS, all objections were duly .conaidered and as a result thereof, the 2700 block South Sherman and the 3000 Block South Acoma were stricken from the list of streets to be improved by overlay of 2-inch asphaltic concrete and are eliminated from the district; and WHEREAS, the City Council hereby finds and determines that a general public benefit will accrue to the City from the proposed improvements; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLDfOOD, COLORADO: Section 1. Said Paving District No. 13 is hereby created and said improvements hereinafter described, consisting of street, avenue, and alley improvements, are duly ordered after Notice duly given and Hearing held, all as required by law. Section 2. Said improvements shall consist of: (a) Necessary grading and excavation, paving with six-inch compacted gravel base course, with two-inch asphaltic concrete surfa--. and concrete walks, curbs and gutters, where not already installed; together with appurtenances and incidentals on the following streets and avenues: 538 Minutes of March 4, 1963 ON FROM TO South Acoma Street S. Side of w. Tufts Ave. N. side W. Union Ave. South Cherokee Street s. side Radcliff Ave. N. side Stanford Ave. South Clarkson Street S. side Eastman Ave. N. side Floyd Ave. East Dartmouth Avenue E. side Logan Street w. side Downing Street South Grant Street s. side Radcliff Ave. N. side Stanford Ave. South Grant Street s. side Tufts Ave. N. side Union Ave. East Half South Irving St. Pimlico Drive N. Englewood City Limits South Lincoln Street South Side Union Ave. N. side Layton Ave. South Lipan Court South side Stanford Ave. N. side Tufts Ave. West Oxford Avenue w. side Inca Street Santa Fe Lane South Pearl Street s. side Floyd Ave. N. side Girard Ave. South Pearl Street South side Oxford Ave. N. side Princeton Ave. South Pennsylvania Street s. side Floyd Ave. N. side Girard Ave. West Princeton Avenue w. side Acoma Street E. side Bannock St. West Quincy Avenue w. side Bannock St. E. side Huron Street West Stanford Avenue w. side Delaware St. E. side Galapago St. South Washington Street s. side Floyd Avenue N. aide Girard Ave. South Washington Street s. side Radcliff Ave. N. aide Stanford Ave. (b) Necessary grading and excavation, compacted sub-grade, and with six-inch Portland Cement concrete surface, for a total over-all width of fourteen feet: together with appurte- nances and other incidental work on the following alleys: On alley between South Acoma Street and South Broadway from south side West Cornell Avenue to North side West Dartmouth Avenue. On alley between South Acoma Street and South Broadway from south side West Eastman Avenue to 320 feet north of Weat Floyd Avenue. On alley betwee n South Broadway and South Lincoln Street from south side East Dartmouth Avenue to north side East Eastman Avenue. On alley between South Broadway and South Lincoln Street from south side East Floyd Avenue to north side East Girard Avenue. On alley between South Broadway and South Lincoln Street from south side Hampden Avenue to north side Dry Creek. On alley between South Broadway and South Lincoln Street from south side East Princeton Avenue to north side East Quincy Avenue. On alley between South Jason Street and South Kalamath Street from south side West Kenyon Avenue to north side West Lehigh Avenue. (c) Preparation of present sur«ace, overlaying of same with two-inch asphaltic concrete, and concrete walks, curbs and gutters, where not presently adequate: together with appurte- nances and other incidental work on the following streets and avenues: Q! FROM South Acoma Street s. side w. Bates Ave. West Amherst Avenue E. side s. Delaware St. West Amherst Avenue E. side South Broadway Bast Bates Avenue E side s. Sherman Street South Clarkson Circle South Delaware Street s side w. Bates Ave. South Elati Street s. side w. Eastman Ave. South Grant Street s. side E. Yale Avenue South Lincoln Street s. side E. Dartmouth Ave. South Pearl Street s. side E. Cornell Ave. South Pennsylvania Street s. side E. Cornell Ave. South Sherman Street s. side E. Amherst Ave. South Washington Street s. side E. Dartmouth Ave. TO N. side w. Cornell Ave. w. side South Broadway w. side s. Logan St. w. side s. Logan Street ~ N. side w. Cornell Ave. N. side w. Floyd Ave. N. side E. Cornell Ave. N. side East Eastman Ave. N. side E. Eastman Ave. N. side E. Dartmouth Ave. N. aide E. Eastman Ave. N. side E. Eastman Ave. Section 3. Said District shall be known as and the same is hereby designated "Paving District No. 13", Englewood, Colorado. Section 4. The construction of said street improvements in and for said District, as shown by the plans, specifications and maps thereof, pre- pared by the City Engineer and approved by the City Council of said City and now on file in the office of the Clerk of said City, be and the same is hereby authorized and ordered, the material to be used in the construction of said street improvements to be in accordance with such maps, plans and specifications. Section 5. By virtue of and in purauance of the aforesaid laws and the Charter and Ordinance No. 8, Serie• 1959, a• amended, of said City, local improvement bonds of the City shall be issued for the purpose of paying for the local improvements in this Or dinance described and provided to be constructed in said Paving District, in an amount not to exceed the cost of said improvements, including engineering, legal and all incidental expenses, as in said laws, Charter and Ordinance provided. I I I I I II I I Minutes of March 4, 1963 Section 6. Said bonds shall be authorized by an Ordinance later to be passed in accordance with the laws of the State of Colorado, the Charter and said Ordinance No. 8, Series 1959, as amended, of said City. Section 7. The Mayor and City Clerk are h9reby authorized to advertise for bids to construct such improvements and for bid• for said bonds to be issued, in three (3) consecutive weekly issues of the Englewood Herald and Enterprise, a newspaper of general circulation published in said City, which advertisements may run concurrently with the publication of this Ordinance. Section 8. By reason of the fact that the completion at the earliest possible date of the improvements described in this Ordinance is necessary to 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 9. All ordinances, or parts thereof in conflict herewith are hereby repealed. This Ordinance, after its final passage, shall be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor and City Clerk, shall be published in said City, and after be- coming effective, shall be irrepealable until the bonds of said District shall be paid in full. Section 10. A public Hearing on the Ordinance will be held at the City Hall in Englewood, Colorado, on Monday, the 18th day of March, 1963, at the hour of 8:00 o'clock P.M., and Notice of such hearing is hereby authorized to be given by publication once in the Englewood Herald and Enterprise, in its issue of March i 1963. INTRODUCED AND READ This 4th day of March, 1963. ( S E A L ) ATTEST: was read for the first \ /....-<"-/ -n "} ,,, /)-;, ,/J-vr/-r~hu~L/ll Mayor COUNCILMAN BRAUN MOVED, COUNCILMAN SMUKLER SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST 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 Woods, Smukler, Parker, Miles, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. 631-31 APPLICATION FOR TRANSFER OF DRUGSTORE LIQUOR LICENSE Mr. Leo Eig e, dba Lee's Self Service Drugs, at 4204 South Broadway, requested transfer o f a liquor licensed drug store license from J. Ivan Houtz, dba .Houtz Drugs. He stated that he was purchasing the business subject to approval of his request for the Liquor Licensed Drugstore License. The City Manager stated that a report from the Police Department had been requested but had not been completed. councilman Braun suggested that the matter be held until the full report was received, as is customary in such cases. 631-32 VACANCY ON CAREER SERVICE BOARD The Mayor announced that he had a letter from Mr. John Kramer, indicat- ing that he would complete his present term on the Board of Career Service Commissioners, but would not be eligible for the reappointment at the end of that term on June 1, 1963. The Mayor asked the members of the Council to be considering a qualified person for this appointment. Minutes of March 4, 1963 RELATING TO ANNEXATION STATUTES Councilman Braun reported that no action had been made by the City Council to indicate its opposition to the annexation legislation before the State Legislature at this session, since the b811 had been introduced and given a number of Senate Bill No. 257. He urged that the City go on record as opposing Sena-e Bill No. 257. Diacusaion ensued. COUNCIIMAN BRAUN MOVED, COUNCIIMAN SMUKLBR SECONDED, THAT LETTERS OF PROTEST BE WRITTEN TO THE STATE REPRESENTATIVES AND SENATORS REPRESENT- ING THE ENGLEWOOD AREA, MEMBERS OF THE LOCAL OOVBRNMENT CCMMITTEE OF STATE LEGISLATURE, TO THE EFFECT THAT THE BOARD OP THE COLORADO MUNICIPAL LEAGBI, THE EXECUTIVE SECRETARY OF THE COLORADO MUNICIPAL LEAGUE SETTING FORTH THE CITY OF ENGLEWOOD'S OPPOSITION TO SENATE BILL NO. 257. THE CITY MANAGER TO DRAPT THE LETTER WITH THE COOPERATION OP THE CITY ATTORNEY. Upon the call of the roll, the vote resulted as follow•: Ayes: Councilmen Woods, Smukler, Parker, Miles, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. Councilman Braun asked if there had been any further consideration by the other members of the Council with regard to withdrawal of membership by the City of Englewood from the Colorado Municipal League. Discussion ensued. The Mayor expressed the viewpoint that as a member the City has its right to continue to speak in opposition to the various proposals by the Colorado Municipal League, while as a non-member it loses its right. There seemed to be general agreement on this matter. RELATING TO DOWNTOWN IMPROVBMBHT DISTRICT COUNCIIJo!AN BRAUN MOVED, COUNCII.MAN SMUKLBR SECONDED, THAT THE CONSI- DERATION OF THE FORMATION OF THE DOWNTOWN IMPROVBMBNT DISTRICT NO. 1 BE RAISED FR<»t THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Parker, Mile•, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. Councilman Braun stated that it has been established that where curbs and gutters have been installed at City grade and to City line specifications, if subsequently they need to be moved the City bears the cost. He inquired if this circumstance were present in the preaent district. Discussion ensued. The City Attorney commented that the assessments are on a square foot basis and not on a front foot basis, whether he abut• upon the street or not he is paying his share. Councilman Braun pursued, inquiring who determines the benefit to each property. The City Attorney replied that there was a basic assumption that a basis of assessment is a fair baais if enacted by the Council and that the over-all value of the property is increased. Councilman Braun inquired as to future plan• for the improvement of the downtown area and if there were further plans for improved traffic access and parking provisions in mind. Discussion ensued. Councilman Braun remarked that if there were a continuing program under way then the entire City should participate rather than the Central Business area. Councilman Smukler stated that this was a concerted, definite effort toward improvement of the downtown area and that he favored the formation of the District as being the best method of providing for these improvements. The Mayor asked that a report be prepared and a map presented for the Council's consideration to set forth the area, the property owners of which have signed for and against the proposed District. Councilman Braun stated t hat he felt the property owners were closely divided on the proposal and that if an adjustment in assessments were allowed by the court the City would be liable for such assessments. The City Attorney commented that the City would be responsible or the District should be reorga~ized to exclude the protesting areas. Councilman B~aun suggested that a general obligation bOnd issue be proposed to build all bridges necessary and other street improve- ments. He indicated that most everyone present agreed in the need for the improvements but objected to the method of financing and assesaing the cost. He expressed the viewpoint that the time waa right for a bond issue •. The Mayor reminded the Council that it bad a dinner meeting with the I I I "' I I I Minutes of March 4, 1963 City Manager scheduled for next Monday, at which time the matter could be discussed further. Councilman Smukler urged that the map showing the areas be prepared and the percentage for and against the district determined. Councilman Parker indicated that he had a financial interest in the proposed district, therefore, may abstain in the final vote. COUNCIIMAN BRAUN MOVED, COUNCILMAN MILBS SECONDED, THAT THE MATTER OF THE DOWNTOWN IMPROVEMENT DISTRICT NO. 1 BE TABLBD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Parker, Mile•, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the motion carried. ADJOURN COUNCILMAN BRAUN MOVED, COUNCII.MAN SMUKLER SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Parker, Miles, Braun, Brownewell. Nays: None. Absent: Councilman Love. The Mayor declared the meeting adjourned at 12:25 A.M., Tuesday, March 5, 1963. ~v~~ r.:~.SU::.my c Clerk of the Counc· The minutes of the meet.ing of the City Council of the City of Englewood, Colorado, held on the 4th day of March, 1963 A.D., stand approved as written this 18th day of March, 1963 A.D.