Loading...
HomeMy WebLinkAbout1963-03-18 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MARCH 18, 1963 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, March 18, 1963, in the Council Chambers, City Ball, Englewood at the hour of 8:00 P.M. Mayor Brownewell presiding called the meeting to order and the invo- cation was given by the Reverend c. Arlin Haydon, Jr. of the Hampden Hills Baptist Church. The Mayor asked for roll call. Upon the call of the roll, the wol~owing persons were present: Councilmen: Braun, Love, Miles, Smukler, Woods, Brownewell. Also Present: City Manager Dial, City Attorney Esch, City Clerk Beausang. Absent: Councilman Parker. The Mayor declared a quorum present. 631-2 CONSIDERATION OF MINUTES OF PRBVIOUS MEETING COUNCILMAN SMUKLER MOVED, COUNCIIHAN WOODS SECONDED, THAT THE MINUTES OF 'DIE COUNCIL MEETING OF MARCH 4TH BE APPROVED AS WRITTEN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. 612-92 RELATING TO PAVING DISTRICT NO. 12 Public Hearing on Paving Assessments COUNCILMAN BltAUN MOVED, COUNCILMAN LOVE SECONDED, THAT THE PUBLIC HEARING ON THE PROPOSED ASSESSMENTS FOR IMPROVEMENTS CONSTRUCTED IN PAVING DISTRICT NO. 12 BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. The City Manager stated that legal notice had been published four times as well as written notice furnished by postal cards to last known addresses of owners of property which was assessed in connection with Paving District No. 12 improvements. The Mayor asked the City Clerk to read the written protests to the assessments. The City Clerk read the following written protests: Mr. William S. Brooks, P. o. Box 283, Brighton, Colorado with regard to Lots 25 through 28, Bloc~ 33, South Broadway Heights Addition. Relating to method of assessment for side street, answered b y Office Engineer. F and E Limited, 4395 South Broadway, relating to Lots 25 through 28, Block l, Wollenwebers Broadway Heights 2nd Addition, Requested a detailed breakdown of assessment, answered by City Clerk. Mr. Richard H. Simon for Mrs. Rose Leino, Lots 47 and 48 Block 16, Wollenwebers Broadway Heights 2nd Addition, Objected to amount of assessment as well as encroachments on her property. Mr. Kenneth A. Hanson, 2909 South Lafayette Drive, Lots 27, Block 1, Arapahoe Acres Subdivision, Requested re~evaluation of asses•ment as compared with other properties in ares, City Clerk answered letter. I I I I ,1 I I I Minutes of March 18, 1963 Mr. R. Val Hoyt, associate of Richard H. Simon, was present to speak on the assessment against Mrs. Leino'& property. He stated that their main concern was t h at the City had constructed a sidewalk on Mrs. Leino's land through a f aulty survey completed by unlicensed surveyors. Further that a driveway had been placed at the rear of the property without Mrs. Leino's permission and that she desired that it be removed. Mrs. Rose Leino spoke of the various occurences which had lead to the present situation. The City Manager stated that Mrs. Leino had called him after the work had been completed and that he had made every effort to reconcile the dis- crepancies between the survey lines and who gave the directions for the placing of the curb cut. He stated that there was considerable confusion on t his mat t er and that two of the property structures encroach on City land in the f o rm o f rafters overhanging City property. Mr. Herbert Mee, Field Engineer, stated that the policy is to inquire of the owner s o f the property with regard to the driveways desired and t heir loc ations and the owner had authorized the placing of the driveway. Mrs. Leino stated that she had met engineers on the site and that the members o f t he staff could not identify her as being the party who had directed the placing of the driveway. She aaked that it be removed as she would construct another building there ahortly and the driveway would aimply prohibit a parking place. Councilman Braun suggested t h at the hearing proceed with the City Engineer, Field Engineer, Mr. Hoyt and Mrs. Leino to negotiatev the matter. Mr. Milton Hoffman, 3017 East Cornell Circle, objected to the matter of the notification of hearing, that he did not received it until the date of the hearing. He objected further to the condition of the street which resulted in a hump in front of his driveway which had caused him to make repairs to his car and its under carriage aince the paving had been done. The City Attorney commented that he lived in the area in which Mr. Hoffman lived and had experienced some difficulty but by being careful he had not any damage to his car. 1'!e Mayor asked if there were any furhter complaints or objections. There were none. COUNCI~ BRAUN MOVED, COUNCI~ SMUKLBR SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Milea, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. COUNCI~ BRAUN MOVED, COUNCIIMAN SMUKLER SECONDED, THAT THE WRITTEN CONPLAINTS BE RECEIVED AND THAT THE PARTICULAR CatPLAINT OF MRS. LEINO BE NEGOTIATED BY THE CITY MANAGER AND HIS STAPP TOWARD A SOLUTION FAVORABLE TO ALL. Upon the call of the roll, the vote reaulted as follows: Ayes: Councilmen Woods, Smukler, Milea, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried and commented that the consideration of a bill would be p o stpo nad ' unti l negotiation• with Mrs. Leino had been completed. 622-93 RELATING TO PUBLIC SERVICE COMPANY FRANCHISE Canvass of the Election on March 12th The City Clerk, Chairman of the Election Commission, read thl following results of the special election held on March 12th: STATEMENT AND CERTIFICATION OF DETERMINATION OF AN ELECTION HELD IN THE CITY OF ENGLEWOOD, COLORADO ON 'l'IJBSTAY THE 12TH DAY OP MARCH, 1963 On the Proposition: SHALL THE CITY OF ENGLEWOOD, COLORADO, GRANT A FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO IN ACCORDANCE WITH THE TERMS AND CON- DITIONS SET FORTH IN PEOPLE'S ORDINANCE NO. 1, SERIES OF 1963 OF SAID CITY? 544 Minutes of March 18, 1963 For the question: 2,303 votes Against the question: 104 votes Votes cast: 2,434 votes Eligible voters 12,042 voters State of Colorado, County of Arapahoe) ss We, the undersigned canvassers of the election returns of an election held in said City of Englewood, in the State of Colorado, on Tuesday, the 12th day of March, A.D. 1963, for the election of determining the question of granting f ranchise to the Public Sercice Company of Colorado, do hereby certify that the above and foregoing is a true and correct abstract of the votes cast at ··said election, as shown by the abstracts of several voting precincts in said special election for determining the above question •. Witness our hand and seal this 15th day of March, A.D. 1963 /•/ B. o. Beausang, Chairman /I/ Lillian Vranesic /s/ R. J. Wishaupl COUNCILMAN SMUKLER MOVED, COUNCIIMAN LOVE SECONDED, THAT THE STATEMENT OF ELECTION RESULTS BE ACCEPTED. Upon the call of the roll, the vote resulted as fol ·lows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. Presentation of Acceptance by Public Service Company Mr. Ernie Wilson, District Manager of Public Service Company, thanked the City Council and City administration for their cooperation in the matter of the extension of the franchise for the Public Service Company. He then filed with the City Clerk an acceptance of the Public Service Company of Colorado of franchise granted by the City ef Englewood, Arapahoe County, Colorado, by People's Ordinance No. 1, Series of 1963. "ACCEPTANCE BY PUBLIC SERVICE COMPANY OF COLORADO OF RANCHISE GRANTED BY THB CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, BY PEOPLE'S ORDINANCE NO. 1-1963 WHEREAS, The City Council of the City of Englewood, Arapahoe County, Colorado, did, on the 4th day of February 1963, pass and adopt People's Ordinance No. 1-1963 of said City, entitled: AN ORDINANCE GRANTING A FRANCHISE BY THE CITY or ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, TO LOCATE BUILD, CON- STRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN AND OPERATE INTO, WITHIN AND THROUGH THE CITY OF ENGLEWOOD, A PLANT OR PLANTS, SUBSTATIONS, AND WORKS, FOR THE PURCHASE, MANUFACTURE, GENERATION, TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY AND GAS, EITHER NATURAL, ARTIFICIAL OR MIXED, AND TO FURNISH, SELL AND DISTRIBUTE SAID ELECTRICAL ENERGY AND GAS TO THE CITY OF ENGLE- WOOD, AND THE INHABITANTS THEREOF, FOR LIGHT, HEAT AND POWER, OR OTHER PURPOSES, BY MEANS OF PIPES, MAINS, CONDUITS, CABLES, POLES AND WIRES STRUNG THEREON, OR OTHERWISE, ON, OVER, UNDER, ALONG, ACROSS AND THROUGH ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES, AND OTHER PUBLIC WAYS AND PLACES IN SAID CITY OF ENGLEWOOD, AND FIXING THE TERMS AND CONDITIONS THEREOF SUB- JECT TO THE APPROVAL OF THE QUALIFIED TAX-PAYING ELECTORS OF THE CITY, AND CALLING A SPECIAL ELECTION FOR THE APPROVAL THEREOF. which Ordinance was, pursuant to i t s terms and the Charter of the City, sub- mitted to a vote of the qualified tax-paying electors at a Special Election held March 13, 1963, and WHEREAS, at said election the qualified tax-paying electors voting on said question voted in favor of the approval of the franchise contained in said Ordinance, NOW, THEREFORE, in consideration of the premises, and in pursuance of the provisions of said People's Ordinance No. 1-1963, Public Service Company of Colorado hereby accepts the terms and conditions of the franchise contained in People!s Ordinance No. 1-1963 of the City of Englewood, Arapahoe County, Colorado. I I 11 I ,I I I I Minutes of March 18, 1963 IN WITNESS WHEREOF, Public Service Company of Colorado has caused its corporate name to be hereunto subscribed by its Vice President, and its cor- porate seal to be hereunto affixed, attested by its Secretary, this 18th day of March, A.D. 1963. PUBLIC SERVICE COMPANY OF COLORADO BY.~~---,,--~~~.,...,,.~~~~ ~~~~- Vice -President ATTEST: BY.~~~~~~~~·~~--~--Secretary FILED WITH THE CITY CLERK OF THE CITY OF ENGLEWOOD THIS 18th DAY OF MARCH, 1963 The City Clerk acknowledged receipt of the acceptance filed with him on behalf of the City. RELATING TO REVOCATION OF BUILDING PERMIT AND POSSIBLE LIABILITY Mr. and Mrs. Donald Arthur, 4120 South Lincoln Street, requested permis- sion to speak to the Council with regard to the issuance and subsequent revo- cation of building permit for the conversion of a separate garage into living quarters. Councilman Smukler inquired if the Arthurs had presented their case to the Board of Adjustment and Appeals who are empowered and legally respon- sible for handling any such cases. The Arthurs stated that they had. Councilman Smukler then informed the Arthurs that the City Council could not act on their behalf as it was not a review board for actions of the Board of Adjustment and Appeals and that their recourse would have to be through the courts. Mr. Arthur asked that he be given permission to set forth the circum- stances of their case. The Mayor granted this permission. Mr. Arthur stated that in February, 1962 a building permit was issued to convert a grage into living quarters then after initial construction had begun and the first in- spection was requested the building permit was revo•ed as being contrary to zoning law. He stated that the permit had been secured by Mr. Chuck Barkman of SSS West Iliff, salesman for a home improvement company, with the under- standing of the building inspector's office that the garage was attached to the house. He stated that a drawing had been , presented to the building department which clearly showed t h at the g arage was not part of the house and that any minunderstanding undoubtedly arose from the lack of proper forms for build- ing applications as well as insufficient housing. The City Manager stated that he had talked with Mr. Birg, contractor also with Mr. Wallace the Building Inspector. He summarized that a difference of opinion as to the type of construction which waa to be undertaken seemed to be the cause of the problem. The City Attorney stated that he had gotten ~o very different versions of the incident from the parties involved. He stated that if negligence were present on behalf of the City that a court would have to determine such negligence and to what extent. Councilman Braun asked what direction could be given to the Arth»rs. The City Attorney replied that i t was a f actual dispute and needed to b~'ermined by a disinterested p ariyin court. Discussion ensued. Councilman Smukler summarized by stating t hat the Council is in sympathy but cannot act without direction in this matter and that the court would have to provide such direction. 631-31 APPLICATION FOR TRANSFER OF DRUG STORE LIQUOR LICENSE The City Clerk read an application for Liquor Licensed Drug Store License transfer on behalf of Leo Eige dba Drug Fair, 4204 South Broadway, Englewood, formerly licensed as Houtz Drug Store. The City Manager stated that the full police report had been received and there was no record of any criminal violations. COUNCIIJ.tAN BRAUN MOVED, COUNCIIMAN •ILES SECONDED, THAT THE REQUEST FOR TRANSFER OF THE LIQUOR LICENSE AT 4204 SOUTH BROADllAY FROM HOUTZ DRUG STORE TO LEO EIGE dba DRUG FAIR BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. 546 Minutes of March 18, 1963 631-17 RELATING TO DOWNTOWN IMPROVP.MENT DISTRICT Relating to Interest in the Matter by Councilmen Mr. M. M. Summers, 3140 South Delaware, and Mr. Elmer E. Reed, 3400 South Cherokee, requested permission to speak to the Council. Councilman Smukle r stated that the Council had conducted a public hearing on the Down- town I ll 1provement District at its previous meeting. He asked if it was the intention of the Council to reopen the hearing. The City Attorney stated that a hearing cannot be reopened. Councilman Woods commented that if the citizens were here to instruct the Councilmen as to how they should vote that each Councilman has his duty to determine as a matter of conscience his ability to vote upon any matter ~ and not violate his oath of office. The City Attorney stated that this was correct, that no citizen may dictate to a Councilman as to how he may vote or should vote on a particular matter. Consideration of Bill for Ordinance COUNCILMAN MILES MOVED, COUNCILMAN BRAUN SECONDED, THAT THE BILL FOR AN ORDINANCE FOR THE FORMATION OF THE DOWNTOWN IMPROVEMENT DISTRICT BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. COUNCILMAN WOODS MOVED, COUNCILMAN SMUKLER SECONDED, THAT THE PROPOSED BILL BE READ AND PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN 'DIE ENGLEWOOD HERALD AND ENTERPRISE. Introduced as a Bill by Councilman Smukler. A BILL FOR AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORAOO, TO BE KNOWN AS DOWNTOWN IMPROVEMENT DISTRICT NO. l; ORDERING THE CONSTRUCTION THEREIN OF STREET, AVENUE AND DRAINAGE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL 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 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 Downtown Improvement District No. 1, in said City, and the construction therein of certain street, avenue and drainage 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 the 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 published in the Englewood Herald and Enterprise, a newspaper of general circulation in said City an amended Notice of a proposition to create siadDistrict, and that on March 4, 1963, 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 in- terested generally, would be heard and determined by the City Council of the 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 then fifteen (15) days prior to the said 4th day of March, 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 I I r c.. I ..... I I I I I Minutes of March 18, 1963 WHEREAS, the ctty 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 Resolution adopted by the City Council on February 4, 1963: and WHEREAS, at the time and place specified in said Notice, the City Council me t in open session for the purpose of hearing any objections or pr~tests that might be made against ·:said improvements: and WHEREAS, certain written objections were filed and certain oral in- quiries and objections were made at aaid meeting; such objections and the disposition thereof are as follows: Numerous petitions were received indicating favorable reaction to the f ormation of the District as well as numerous petitions and letters received indicating opposition to the formation of the District; and WHEa.AS, the individual protests and petitions were not acted upon nor disposed of: and WHEREAS, after a two week period of deliberation the City Council met and determined that it was in the beat interests of the City of Englewood as a whole to initiate and create the said Downtown Improvement District No. 1: and WHEREAS, there were no other objections, either written or oral, except as enumerated above: and WHEREAS, the City Council hereby finds and determines that a general public benefit will accrue to the City from the proposed improvements: THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Said Downtown Improvement District No. 1 is hereby created and said improvements hereinafter described, consisting of street, avenue and drainage improvements, are duly ordered after Notice duly given and Hearing duly held, all as required by law. Section 2. Said improvements shall consist of: Curb, gutter and sidewalk removal, replacement of same at new locations, widening of street to 41 feet, additional width of paving required, land acquisition, and storm drainage facilities, on East Hampden Avenue, from the East side of South Broadway to the West side of South Logan Street; Curb, gutter and sidewalk removal, replacement of same at new locations, widening of street to 41 feet, additional width of paving required, replace- ment of Little Dry Creek Br idge, on West Hampden Avenue, from the West side of South Broadway to the East side of South Bannock Street; Curb, gutter and sidewalk removal, replacement of same at new locations, widening of street to 51 feet, additional width of paving required and storm drainage facilities, on South Logan Street from the South side of East Hampden Avenue to the North side of East Jefferson Avenue -State Highway 79: Construction of South Cherokee Bridge at South Cherokee Street and West Girard Avenue. Extension o f Girard Avenue f rom South Bannock Street to South Cherokee Stree t , includin g new curb, gutter and sidewalk, new paving required, storm drai n age f acilities, drainage structure over Little Dry Creek at South Cherokee Street; Curb, gutter, sidewalk and tree removal, concrete replacements at new locations, widening street to ~l f ee t , additional widths of paving required, land acquisition, storm drainage facilities, and Denver City Ditch structure revisions, on South Sherman Street from the South side o f East Floyd Avenue to the North side of East Hampden Avenue; All i mprovements necessary or incident al to the foregoing. Sec t ion 3. S a id District shall be known as and the same is hereby designated "Downtown Improvement District No. 1 11 , Englewood, Colorado. The assessments for said improvements shall be imposed on an area basis upon all t he real property within the District, EXCLUDING, HOWEVER, all real property owned by t h e United States of America, the State of Colorado, or t h e City o f Englewood, or any agency thereof, and also excluding all streets, alleys a n d righ ts of way, including righ ts of way for drainage. The boun- daries of said District as as follows: Minutes of March 18, 1 9 63 Beginning at a point 985.8 f eet We st and 218 fee t North o f t he SE corner of SW~, Section 34, Township 4 South, Range 68 West o f the 6th Principal Me ridian said poin t being on the ce nter line of South Cherokee Street and 7 fee t South of the extended North line of Lot 10, Block 1, McKinley Subdivision; t hence East parallel to said North line and said North line extended a distance of 1 5 8 f eet to the cen t er line of the alley between South Bannock Street and South Cherokee Street; thence Northerly along the center line of said alley 440.76 f t; thence West 8 ft. to the NE corner of Lot 1, Block 1, McKinley Subdivision; thence North 70° 20' Weat 185.78 ft; thence North 100 ft.; thence South 70° 20' East 194.28 ft. to the center line o f the above said alley; thence Northerly along the center line of said alley to its intersection with t h e extended north line of Lot 3, Flood's Addition; thence Easterly along said extended north line and the north line o f Lot 3, Flood's Addition to its intersection with the center line of South Bannock Street; thence Northerly along said center line of South Bannock Street to its intersection with the center line of West Floyd Avenue extended from the East; thence continuing Northerly along said center line of South Bannock Street a distance of 295 feet; thence Easterly a distance of 163 feet to the extended center line of the alley in Block 3, s. G. Hamlin's Broadway Addition; thence Northerly along said extended center line and the center line of the alley in s. G. Hamlin's Broadway Addition to its inter- section with the center line of West Eastman Avenue; thence Easterly along said center line of West Eastman Avenue and said center line extended, to its intersection with the center line of South Broadway; thence continuing Easterly along center line of East Eastman Avenue to its intersection with the extended center line of the alley in Block ·.6, Rose Addition; thence Souther!~ along said center line of the alley in Block 6, Rose Addition and said center line extended to its intersection with the center line of East Floyd Avenue; thence Easterly along said center line of East Floyd Avenue to its intersection with the extended center line of the alley in Block 2, Premier Addition; thence Southerly along said extended center line of the alley in Block 2, Premier Addition, said extended alley center line being· also the center line of the alley in Block 7, Premier Addition, to its intersection with the extended north line of Lot 28, Block 7, Premier Addition; t hence Easterly alon~ said extended north line and the north line of Lot 28, Block 7, Premier Addition, said North line bei n g extended Easterly also being the north lines of Lots 21 and 28, Block 8, Premier Addition and also the north line of Lot 21, Block 5, Westview Addition, to its intersection with the center line of the alley in Block 5, Westview Addition; thence Southerly along said center line and center line extended in the alley in Block 5, Westview Addition, said extended center line being extended Southerly also the center line of the alley in Block 4, Higgin• Englewood Gardens, to its intersection with the center line of the now existing Colorado State Highway 70; thence Weaterly and Northwesterly along said centerline of CGlorado State Highway 70 to its intersection with the extended center line of South Cherokee Street from the North; thence Northerly along said extended center line and the center line of south Cherokee Street to the point of beginning, all in the City of Englewood, Arapahoe County, State of Colorado. Section 4. The construction of said street, avenue and drainage improve- ments in and for said District, as shown by the plans, specifications and maps thereof, prepared 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 arid ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 5. By virtue of and in pursuance of the aforesaid laws and t he Charter and Ordinance No. 8, Series 1959, as amended, of said City, local improvemen t bonds of the City shall be issued for the purpo•d of paying for the local improvements in this Ordinance described and provided to be con- structed in said Improvement District, in an amount not to exceed the cost of said improvements, including engineering and all incidental expensee, as in said laws, Charter and Ordinance provided. Sec tion 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 of said Ci t y, Ordinance No. 8, Series 1959, as amended, of said City. Section 7. The Mayor and City Clerk are hereby authorized to advertise for bids to construct such improvements and for bids for aaid bonds to be issued, in three (3) consecutive weekly issu .. 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. I {~ ii I 1 . I 'I I I I Minutes of March 18, 1963 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 becoming 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 h~ld at the City Hall in Englewood, COlaado, 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 21, 1963. INTROOOCED AND READ This 18th day of March ,, 1963. :fiL~/L ""\ Mayor. . .. -cc ·~ ( S E A L ) ATTEST: was read for the time. Councilman Braun stated that due to the fact that a large majority favor the construction of the Downtown Improvement District and a major protest was to the method of assessment therefor but not specifically against the improve- ment that THE PROPOSED BILL BE AMENDED TO INCWDB A PROPOSAL FOR THE ISSUANCE OF $6,797,500.00 OF GENERAL OSW:GATION BONDS_, U ISllUD' OVER THE llEX'r PERIOD OF YEARS AFTER THE PEOPLE AUTHORIZE A GENERAL OBLIGATION BOND BY AN ELECTION IN THE AMOUNT OF $8,500,000.00 AS AN AUTHORITATIVB POR THE CITY TO EMBARK UPON A CAPITAL IMPROVF.MENT PROGRAM INDEBTING THE CITY FOR ONLY THREE PER CENT OF ITS ASSESSED VALUATION AT ANY TIME THROUGH THE CONSTRUCTION OF CAPITAL IMPROVEMENTS BY.~ PRIORITY LIST ESTABLISHBD AND RBVIBWED BY THE CITY COUNCIL FRC»l TIME TO TIME. IT IS FURTHER MOVED THAT THE CITY COUNCIL, THB CITY MANAGER, THE PROPER AIMINISTRATIVE DEPBRTMENTS, THROUGH THE CITY MANAGER, THE CITY ATTORNEY AND STAFF, AND ALL INTERESTED CITIZENS GROUPS OP INDIVIDUALS BE CHARGED FORTH- WITH TO EXPEDITE, PROMOTE, AND AID THE SPEEDING AND THOROUGH COMPULATION OF PERTINENT DATA, LEGAL OPINION, LEGAL NOTICBS, ORDINANCES IF ANY, ELECTION INFORMATION AND PROllOTION OF THE ABOVE OUTLINED CAPITAL IMPROVEMBN9S PROGRAM. councilman Woods agreed in the need for a Capital Improvements Program and that such a program should not be based on piece meal review. But he doubted that the citizens would authorize the issuance of $8,500,000.00 General Obligation Bonds. Councilman Braun stated that the proposal as it presented it to the Council is legal. He recognized that only $1,250,000.00 could be issued at the present time but that as particular projects were completed and paid fo~ additional bonds could be issued without requiring a f~ther vote on the matter by the people. Councilman Miles discussed the background and events leading to the proposed formation of the District and stated that Councilman Braun should have expressed his views previously so that a thorough discussion of their meri could be conducted. He admitted that the question of method of assess- ment is a major one but that he personally favors asseesment by area method and not in favor of the costs of the proposed District being borne by all of the citizens of Englewood as all citizens would not benefit as directly as those within the District. Councilman Love agreed with Councilman Miles and emphasized t h at if the District is not organized the entire City will pay in additional taxes for depreciation of the Downtowt Central Business District. Councilman Miles expressed the view that th nterest in the Downtown District is substantial but in his opinion no sufficient to support a bond issue to a successful vote of the people. Discussion ensued. Minutes of March 18, 1963 Councilman Love conunended the reside n ts of the Downtown District who were endeavoring to improve thier lot and expressed the view that the City should not dampen these efforts. Councilman Braun stated that he might have been derelic t in duty in not proposing the bond issue previously but only rece n t events lead him to feel that such a bond issue would be successful. THE MAYOR DECLARED THE AMENDMENT TO THE MOTION LOST FOR WANT OF A SECOND. Upon the call of the roll, on the motion to pass the proposed bill, the vote resulted as f ollows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell. Nays: Councilman Braun. Absent: Councilman Parker. The Mayor declared the motion carried. 612-9 2 RELATING TO PAVING DISTRICT NO. 12 Relating to Mrs. Leino's Assessment Mr. Hoyt stated that a complete agreement in the negotiations had not been achieved but that he would ask the Council to rule upon the request . of the last paragraph of Mr. Simon's letter to the Council as follows: "We t h erefore, respectfully ,request that any and all cement work encroaching on Mrs. Leino's property be forthwith removed; that the driveway which is depriving Mrs. Leino of valuable parking space be removed and proper curb and gutter installed in its place; that Mrs. Leino be f urnished proper computation based on the corrected work." The City Attorney replied that he would go along with the removal of th e e n c r o a c hm e nt b u t no t with t h e removal of the driveway provided Mrs. Lein o r e mo ved th e overh a'llJ o n her buildings. Mrs. Leino stated that she had me t wi th the Engineers a n d Mr. Dodd had not talked with her pr•viously a nd t h a t Mr. Davies promised a lett er to her but she had not received it. Discussion ensued. COUNCILMAN BRAUN MOVED, COUNCILMAN WOODS SECONDED, THAT THE CITY REMOVE THE ENCROACHMENT OF SIDEWALK UPON MRS. LEINO'S PROPERTY AND ALSO REMOVE THE DRIVEWAY CONDITIONED UPON AND RATIFIED AFTER THE REMOVAL OF MRS. LEINO OF HER ENCROACHMENT ON CITY PROPERTY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried and instructed the City Attorney to meet with representatives for Mrs. Leino to work out the details for removal of the encroachment. 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, Love, Miles, Smukler, Woods, Brownewell. Absent: Councilman Parker. The Mayor declared a quo:t1im present '~. 612-94 RELATING TO PAVING DISTRICT NO. 12 COUNCILMAN BRAUN MOVED, COUNCILMAN LOVE SECONDED, THAT THE ASSESSMENT FOR LOTS 47 AND 48, BLOCK 16, WOLLENWEBER BROADWAY HEIGHTS 2ND ADDITION, BE ADJUSTED FROM $869.91 to $811.74, A REDUCTION OF $58.17. THE DIFFERENCE TO BE PAID BY THE CITY IN ITS SHARE OF THE CONSTRUCTION IN CONNECTION WITH THE PAVING DISTRICT NO. 12 AND THAT THE CITY CLERK BE AUTHORIZED TO CHANGE THE FIGURES AS SET FORTH IN THE PROPOSED BILL FOR AN ORDINANCE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. I " I :1 I I :1 II Minutes of March 18, 1963 Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR PAVING DISTRICT NO. 12, IN THE CITY OF ENGLEWOOD, COLOaADO: 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 DISTRICT; PRESCRIBING THE MAllJIER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. - WHEREAS, there has been compliance with all the provisions of law relat- ing to the construction of paving improvements in Paving District No. 12 in the City of Englewood, Colorado created pursuant to Ordinance No. 10, Series of 1962, finally adopted and approved on the 16th day of April, 1962; and WHEREAS, the time for filing with the City Clerk of the City of Englewood complaints or objections to the proceedings of the City Council has elapsed; and WHEREAS, four written protests were received, three of which were re- viewed and denied; the fourth was favorably considered resulting in an adjustment of the assessment of Lots 47 and 48, Block 16 of Wollenwebers Broadway Heights, 2nd Addition; from an original amount of $869.91 to an amount of $811.74; and WHBRBAS, the reduction in the assessments to be assessed against the real property in said District, was by Council authorization added to the total the City of Englewood will pay and these figures are adjusted herein: and WHEREAS, from the statement made and filed with the City Council, it appears that the whole cost of said improvements is the sum of $371,553.00, of which amount the City of Englewood will pay $94,972.96, leaving $276,580.04 to be assessed against the real property in said District, said amount in- cluding costs of inspection, collection and other incidentals and also in- cluding interest as allowed by law; and WHBRBAS, 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 19th day of February, 1962, and in public Notice, published in The Englewood Herald and Enterprise on February 22, March 1, and 8, 1963. 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 is hereby approved and confirmed, 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 construction 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 proportion• and amounts set forth in said Resolution and Notice. 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 owner, be paid in installments, with interest as hereinafter provided. Failute 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 assess- ments shall be payable at the office of the County Treasurer of Arapahoe County, Colorado, 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 August, 1963, and the remainder of said installments shall be due and payable successively on or before the 1st day.of March, 1964, and the and the 1st day of March, 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 August 1, 1963, and annually thereafter on March 1 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 immediately, 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 at any time prior to the date of the sale, any owner may pay the amount of all unpaid install- ments with interest at one per centum per month, or fraction of a mohth, upon all delinquent installments, and all penalties accrued, and shall there- upon be restored to the right thereafter to pay in installments in the same Minutes of March 18, 1963 manner as if default had not been suffered. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assess- ment 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 such period, but not thereafter. Immediately after the expiration of said t h irty 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 of parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment 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 f act that bonds of said Paving District No. 12 are now outstanding and interest thereon will shortly become due and payable, that funds must be made available at the earliest possible date for payment of such interest and that payment of such interest is necessary to the immediate preservation of t h e 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 t h at purpose, shall be authenticated by the signature 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 shall be and remain irrepealable until the assessments hereby made shall be paid in full. Section 6. A public hearing on the Ordinance will be held at the City Hall in Englewood, Colorado, on Monday, the la: day of April, 1963, at the hour of 8:00 o'clock P.M., and Notice of such Hearing is hereby authorized to be given b y publication once in the Englewood Herald and Enterprise, in its issue of March 21, 1963. INTRODUCED AND READ This 18th day of March, 1963. Y/iLJC Mayor--~---~ ATTEST: was read for the time. COUNCILMAN SMUKLER MOVED, COUNCILMAN WOODS 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 re- sulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. 631-5 MINUTES OF CAREER SERVICE BOARD MEETING OF MARCH 13, 1963 The Mayor asked that the minutes be received and placed on file. 631-6 MINUTES OF MEETING OF PLANNING AND ZONING COMMISSION OF MARCH 7, 1963 The Mayor asked that the minutes be received and placed on file. 631-33 MINUTES OF THE BOARD OF ELECTRICAL EXAMINERS MEETING OF MARCH 7, 1963 Establishing a Board to Examine and Licenae Contractors The City Clerk read the following recommendation to the City Council from the Board of Electrical Examiners: ... I I I .. I ,I Minutes of March 18, 1963 "We hereby recommend for your consideration the activating of a Board of Exa- miners for the purpose of examining, approving and/or rejecting applications for the licensing of general construction contractors, plumbing contractors, jobbing and sub-contractors, heating contractors, with particular attention to the qualification and integrity of the applicant or firm. This need is indicated, particularly in the contracting field which requires 'direct selling' from door to door. Further, that members of the Board provide directive information and advice to all persons whose applications are approved for license to work in the City of Englewood, as well as laymen, laborers and home owners doing their own 'NOrk. A coordinating Board serving in this capacity 'NOuld constitute better control in determining the qualifications of license applicants; in ascertaining that permits are obtained prior to any work being done; that proper inspec- tions are requested by the contractors, and reduce the number of violations in the field of construction." COUNCIIMAN WOODS MOVED, COUNCILMAN MILES SECONDED, THAT THE RECC»otMENDATION BB REFERRED TO THE CITY MANAGER FOR HIS REVIEW AND RECOMMENDATION UPON THE MANNER OF IMPLEMENTATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. 631-8 MINUTES OF 'IHE LIBRARY BOARD MEETING OF MARCH 13, 1963 ~ The Mayor asked that the minutes be received and placed on file. I I 631-7 MINUTES OF WATER AND SEWER BOARD MEETING OF MARCH 13, 1963 The Mayor asked that the minutes be received and placed on file. 631-34 Memorandum from Utility Director Relating to Garbage Disposal Units Councilman Braun acknowledged receipt of a report from the Utilities Director to the City Manager setting forth the number of garbage disposal units connected with the Englewood sewer system as of January 1, 1963. The Mayor asked that the report be received and filed for information. 622-70 Relating to Stipulation in Suit Aqainst Columbine Water and Sanitation District The following recommendation of the Englewood Water and Sewer Board was read in full: "That the Stipulation, as presented to the Water and Sewer Board on March 12, 1963, to provide for proper maintenance of thei:.r sewage pumping station, proper alarm system should there be any malfunction of same, with immediate action being taken to correct same, by the Columbine Water and Sanitation District, be approved and executed." COUNCILMAN SMUKLER MOVED, COUNCIIMEN WOODS AND LOVE SECONDED, THAT THE RECOMMENDATION BE APPROVED. The City Attorney reviewed the terms of the stipulation which were in- cluded in the newly drafted agreement. He urged the approval and execution of the stipulation. Councilman Braun stated that he would vote against the motion as there was still a possible hazard to the water system. Discussion ensued. The Mayor summarized his position by stating that he was in favor of the stipu- lation and that if there appears to be violation of the agreement that the court case can be reopened without prejudice. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell. Nays: Councilman Braun. Absent: Councilman Parker. The Mayor declared the motion carried. 631-35 Option to Purchase Water Rights from School District The City Clerk read the following recommendation of the Englewood Water and Sewer Board: 554 Minutes of March 18, 1963 "That the Option _I2 Purchase Water Right• agreement, providing for the City of Englewood to purchase from School District No. 1, Arapahoe County, 14.75 inches of water from the City Ditch upon fulfillment of the provisions of an existing three year lease of same rights, said lease having been fully executed under date of January 2, 1963, at a total price of $5,900.00, be approved and executed, as p r esented." COUNCILMAN SMUKLER MOVED, COUNCII.MSN MILES AND BRAUN SECONDED, THAT THE REC~NDATION BE APPROVED AND THE MAYOR AND CITY 'CLERK BE AUTHORIZED TO EXECUTE THE PROPER AGREEMENT ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Ma y or declared the motion carried. 631-14 RELATING TO COUNCIL DISTRICTS The City Attorney stated that he had prepared a bill for an ordinance establishing the various council districts as recommended by the Election Commission and accepted by the Council. Introduced as a Bill by Councilman Love A BILL FOR AN ORDINANCE ESTABLISHING FOUR COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD, COLORADO, AND REPEALING ORDINANCE NO. 12, SERIES OF 1959 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There are hereby established wi t hin the City of Englewood four Council Districts, the boundaries of which are hereby established as follows: (a) Council District No. 1 shall include and be comprised of all that northwesterly portion of the City bounded on the East by the center line of South Downing Street f rom East Yale Avenue to the center line of East Dartmouth Avenue thence westerly from the center line of South Downing Street to the center line of South Broadway; thence southerly along the center line of South Broadway from the center line of East Dartmouth Avenue to the center line of West Lehigh Avenue; thence westerly along West Lehigh Avenue from South Broadway to South Santa Fe Lane the westerly City limits of Englewood. (b) Council District No. 2 shall include and be comprised of all that northeasterly portion of the City east of the center line of South Downing Street from East Amherst Avenue to the center line of East Dartmouth Avenue; thence westerly along the center line of East Dartmouth Avenue from the center line of South Downing Street to the center line of South Broadway; thence southerly along the center line of South Broadway from the center line of East Dartmouth Avenue to the center line of East Kenyon Avenue' thence easterly along the center line of East Kenyon Avenue extended from South Broadway to South Clarkson, the eastern City limits of Englewood. (c) Council District No. 3 shall include and be comprised of all that area bounded on the north by the center line of East Lehigh Avenue from South Santa Fe Lane, the westerly City limit line of Englewood, to the center line of South Broadway: thence northerly along the center line of South Broadway to the center line of East Kenyon Avenue extended; thence easterly alon g the center line of East Kenyon Avenue extended from the center line of South Broadway to center line of South Clarkson Street; thence southerly along the center line of South Clarkson Street from the center line extended of East Kenyon Avenue to the center line of East Union Avenue; thence west:erly along the center line of East Union Avenue from the center line of South Clarkson Avenue to the center line of South Broadway; thence northerly along the center line of South Broadway from the center line of East Union Avenue to the center line of West Stanford Avenue: thence westerly along the center line of West Stanford Avenue from the center line of South Broadway to the center line of South Lipan Street; thence I I I I I I :1 I (d) Minutes of March 18, 1963 southerly along the center line of South Lipan Street from the center line of West Stanford Avenue to the center line of West Tufts Avenue: thence westerly along the center line of West l'ufts Avenue from the center line of South Lipan Street to the westerly city limits in the vicinity of South Garden Street extended: thence northerly along the westerly City limits approximately 700 feet to approximately the center line ex- t ended on West Stanford Avenue; thence westerly to the east line of South Santa Fe Drive: thence northeasterly along the east line of South Santa Fe Drive and the west line of South Santa Fe Lane to the center line of East Lehigh Avenue extended westerly to the point of beginning. Council District No. 4 shall include and be comprised of all that portion of the City lying southerly and southwesterly of the following line: from a point of intersection of the westerly City limit line and the center line of West Tufts Avenue; thence easterly along the center line of West Tufts Avenue to the center line of South Lipan Street: thence northerly along the center line of South Lipan Street from the center line of West Tufts Avenue to the center line of West Stanford Avenue: thence easterly along the center line of Wes~ s~anford Avenue from the c enter line of South Lipan Street to the center line of South Broadway: tnence southerly along the center line of South Broadway from the center line of West Stanford Avenue to the center line of East Union Avenue; thence easterly along the center line of East Union Avenue from the center line of South Broadway to the center line of South Clarkson Street, the Englewood city limit line. Section 2. The City Council hereby finds, deeermins and de~lares that the Council Districts set forth in Section 1 above have approximately the same number of registered voters, as determined by the number registered to \Ote at the preceding General Municipal Election, and that the variance in number o f registered voters is not greater than 15% between the District with the highest number of registered voters and the District with the lowest number of registered voters. Section 3. The establishment of four new Cuun cil Districts as set forth in this ordinance shall not affect the terms and tenures of the pre- sent members of the City Council, which shall continue until the election and/or appointment and qualification of their successurs in office. Section 4. Ordinance No. 12, Series of 1959, and all other ordinances and parts of ordinances in conflict herewith are hereby repealed. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 18th day of March, A.O. 1963, and ordered published in full in the Englewood Herald and Enterprise. ~ r -~ Mayor ATTEST: was read for the first COUNCIUotAN LOVE MOVED, COUNCIUotAN SMUJ<LER SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED 0 IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote re- sulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. 621-42 RELATING TO ISSUANCE OF BONDS TO FINANCE SCENIC VIEW SANITARY SEWER DISTRICT Public Hearing prior to final passage of Ordinance :555 556 Minutes of March 18, 1963 COUNCIUt1AN BRAUN MOVED, COUNCII.MAN !VB SECONDED, THAT THE PUBLIC HEARING BE OPENED ON AN ORDINANCE AUTHORIZING TH SSUANCE OP CITY OF ENGLEWOOD, COLORADO, SCENIC VIEW SANITARY SEWER DIS RICT BONDS AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. The Mayor asked if there was anyone present to speak at the public hearing. There was no one. COUNCILMAN SMUKLER MOVED, COUNCIIHAN WOODS SECONDED, THAT THE PUBLIC HEARING ON THE PASSAGE OF THE ORDINANCE BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 12, SERIES OF 1963 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 INTEREST THEREON. was read for the second time. COUNCIIMAN BRAUN MOVED, COUNCIIHAN LOVE SECONDED, THAT ORDillJUJCE NO. 12, SERIES OF 1963 BE PASSED ON SECOND AND PINAL 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, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. 622-37 RELATING TO CREATION OF PAVING DISTRICT NO. 13 Public Hearing on Bill for Ordinance COUNCIU4AN LOVE MOVED, COUNCILMAN MILES SECONDED, THAT THE PUBLIC HEARING ON AN ORDINANCE CREATING AN IMPROVBMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 13, ORDERING THE CONSTRUCTION THEREIN OF STREET IMPROVBMBNTS: PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS: PROVIDING FOR NOTICE TO CONTRACTORS AND BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY: AND DECLARING AN EMERGENCY BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. The City Manager stated that he had received one call in relation to the proposed district from Fred Janssen who requested that all of those blocks of South Sherman included in the district be stricken from the district. The City Manager stated that he had had a long telephone con- versation with Mr. Janssen and that Mr. Janssen felt that if all of Sherman from Hampden to the north City Limits of Englewood could not be done that perhaps all of it should be postponed until it could be completed. Discussion ensued. The Mayor indicated that many persons had expressed an interest in alley paving and that such alley paving petitions should be encouraged for the inclusion in the paving improvements in 1964. I I I I ,I I I I Minutes of March 18, 1963 COUNCILMAN BRAUN MOVED, COUNCILMAN SMUKLER SECONDED, THAT THE PUBLIC HEARING ON THE FORMATION OF PAVING DISTRICT NO. 13 BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. Final Passage of Ordinance BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1963 AN ORDINANCE CREATING AN IMPROVF.MENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 13; ORDERING THE CONSTRUCTION THEREIN OF STREET IMPROVEMENTS; PROVIDI&G FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS; PROVIDING FOR THE NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVF.MENT DISTRICT BONDS IN SAID CITY; AND DECLARING AN EMERGENCY. was read for the second time. COUNCIIMAN SMUKLER MOVED, COUNCILMAN LOVE SECONDED, THAT ORDINANCE NO. 13, SERIES OF 1963 BE PASSED ON SECOND AND FINAL READING AND ORDERED PUB- LISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. 631-37 RELATING TO PRIVATE WATER SERVICE LINES AND CHANGE OVER The City Clerk read the following resolution in full: RESOLUTION WHEREAS, Chapter 8 of the Municipal Code of the City of Englewood, Colorado, was originally passed and approved on July 2, 1956, and is now in full force and effect: and WHEREAS, said Chapter prescribed rules and regulations for the opera- tion and maintenance of the Water System of the City of Bnglewood: and WHEREAS, said Chapter provides, in part, by subparagraphs (b), (c), Section 8.7-1 thereof, that the City may, without petition, construct a main of sufficient size to serve the area served by an inadequate line, when, in its opinion, the line is causing undue hardship upon the users of said line. or on the City: and WHEREAS, undue hardship will accrue to the City and owners connected to the present private lines in certain locations because of imminent street paving construction and/or unnecessary and expensive maintenance in said location if the connections are made to the City Water lines. NOW, 'nlEREFORE, be it resolved by the City Council of the City of Englewood, Colorado, this 18th day of March A.O. 1963, that all service connection to the present small private Water lines in the following loca- tions be changed over to the City mains as soon as possible after a City main is constructed, because of imminent street paving construction and/or unnecessary and expensive maintenance in said location, and that charges be made according to the schdule in the current resolutions covering such charges, and that the same be collected by the Water Department of the City: LOCATIONS IN WHICH ADEQUA'l'E CITY MAINS ARE TO BE CONSTRUCTED PRIOR TO CHANGE-OVER OF SERVICES. On West Stanford Avenue between South Delaware S t reet and South Galapago Street. On West Amherst Avenue between South Broadway Street and South Acoma Street. On East Amherst Avenue between South Broadway Street and South Logan Street. 558 Minutes of March 18, 1963 On South Clarkson Circle. On South Elati Street between West Eastman Avenue and West Floyd Avenue. On South Lincoln Street between Baat Dartmouth Avenue and Eaat Eastman Avenue. On West Quincy Avenue between South Bannock Street and South Huron Street. Passed and adopted by the City Council of the City of Englewood, Colorado, this 18th day of March A.O. 1963. ~1;f,~~('c v .-v --.. Mayor ATTEST: .OVED, COUNCILMAN BRAUN SECONDED, THAT THE RESULUTiut4 B~ ADU!J 'r E D AND ORDBRifD PUBLISHED IN THE ENGLEWOOD HERALD AND ENTERPRISE, THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE SAME. Upon the call of the roll, the vote resulted as f ollows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. 631-38 LOCAL PLANNING CONTRACT FOR CITIES IN ARAPAHOE COUNTY The City Manager reviewed the terms of the contract and stated that Aurora and Englewood would participate as associates in the proposed agree- ment. The basic purpose of the agreement was to provide planning for those small towns which were unable to afford planning departments themselves. Englewood's participation cost would be $200.00 per year. Councilman Smukler spoke of the advantages to the City of Englewood from the point of coordination and having available to its planning depart- ment the efforts of the county and other planning departments as a result of t h is agreement. COUNCILMAN SMUKLER MOVED, COUNCILMAN LOVE SECONDED, THAT THJ!: AGR~.r.MJ:.NT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen wuods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. 631-11 TREASURER'S REPORT FOR MONTH OF FEBRUARY, 1963 COUNCILMAN BRAUN MOVED, COUNCILMAN MILES S.t:Cv1"1JAJJ, '.L'nA'.l' '.l'HE TREASURER'S REPORT BE RECEIVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. RELATING TO RIGHT-OF-WAY IN ARAPAHOE NATIONAL PARK The City Manager stated that he had received a communication relating to certain minor amendments to the City of Engle'#Ood Water Department right- I I ,1 I ,I I I 'I Minutes of March 18, 1963 of--way through the Arapahoe National Park in connection with the development of the western slope water .•. He stated that although certain of the amendments were such that the Special Water Counsel desired to discuss them with repre- sentatives of the Forest Service that generally he recommended the acceptance of the amendments. COUNCILMAN MILES MOVED, COUNCII.llAN SMUJCLER SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE AMENDED AGREEMENT RELATING TO THE RIGHT-OF-WAYS THROUGH U. S. FOREST LANDS ON THE WESTERN SLOPE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. :, 631-17 ENGINEERING REQUIREMENTS FOR DOWNTOWN IMPROVEMENT DISTRICT The City Manager stated that as previously discussed with the Council that additional engineering help would be required for the Downtown Improve- ment District were to be scheduled for early construction. He reviewed the proposal from Harold Hoskins and Associates. Councilman Smukler stated that the District intends to pay any costs incurred should its formation not be completed. The City Attorney remarked that he felt reasonably certain that the District will be successful although not certain that the method of assess- ment could be proved equitable in every case. The City Manager stated that the City would be committed should it sign the agreement with Hoskins and Associates to a minimum of $9,000.00. Councilman Smukler spoke of the need to pursue the District in every manner possible and that the City had a deadline to meet. COUNCIIJ.tAN SMUKLER MOVED, COUNCIIJ.tAN LOVE SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN A CONTRACT WITH HAROLD HOSKINS AND ASSOCIATES FOR ENGINEERING OF THE DOWNTOWN IMPROVEMENT DISTRICT NO. 1. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell. Nays: Councilman Braun. Absent: Councilman Parker. The Mayor declared the motion carried. MAYOR'S CHOICE The Mayor announced that a meeting of the Metropolitan Area Municipal Association, District No. 1 of Colorado Municipal League, would be held at 6:30 P.M., Thursday, at the American Legion Hall. He asked if any of the Councilmen would be able to attend. No one was able to attend. The Mayor announced that he had received a letter from Mr. George w. McGee, Chairman of the Board of Adjustment and Appeals, that the Board would comply with a strict interpretation of the various ordinances which it administers. The Mayor announced that he had received a communication from Maurice Pershing on the Planning and Zoning Commisaion indicating his resignation from the Planning Commission effective May 1, 1963. The Mayor stated that this was informational at this time. COUNCILMEN'S CHOICE Councilman Smukler discussed the need for a possible review of the mailing of notices to citizens with regard to the formation of districts, etc. Councilman Braun suggested that possibly posting of notices would be a solution. Discussion ensued. Councilman Miles reminded the Council that a Citizens Committee on municipal building requirements had been established some time ago and had reported to the Council. He urged that the Council proceed with some action to provide more municipal building space. Discussion ensued. COUNCILMAN MILES MOVED, COUNCILMAN WOODS SECONDED, THAT THE CITY MANAGER BE INSTRUCTED TO CONTACT VARIOUS ARCHITECTS FOR BUIIDING ON LAND ADJACENT TO THE PRESENT CITY HALL AND TO ADVISE THE CITY COUNCIL OF HIS RECOMMENDATION 559 560 Minutes of March 'l8, 1963 OF AN ARCHITECT TO BUILD ADEQUATE FACILITIES FOR MUNICIPAL PURPOSES. Councilman Miles indicated that the thought of his motion that one building or two buildings or a combined building could be considered and the architect's recomme ndation secured. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the motion carried. ADJOURN COUNCILMAN SMUI<LER MOVED, COUNCILMAN LOVE SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Braun, Brownewell. Nays: None. Absent: Councilman Parker. The Mayor declared the meeting adjourned at 11:52 P.M., Monday, March 18, 1963. /s/ B. o. Beausang, City Clerk Clerk of the council The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 18th day of March, 1963 A.D., stand approved as written this 1st day of April, 1963 A.D. I I I I