HomeMy WebLinkAbout1961-06-20 (Recessed) Meeting MinutesCOUNCIL CHAMBERS
CITY OP ENGLEWOOD. COLORADO
JUD 20. 1961
RBCDSBD RmULAR MBB'l'INO:
The Cit1 Council ot the Cit1 ot Englewood. Arapahoe Count1. Colorado. met in
receaaed regular ••••ion on Tueada1. June 20. 1961. in the Council Chamber•. City
Ball. Bnsl••ood• at the hour ot 8:00 P.M.
The Ma7or called the meeting to order atter recess with the following persona
present:
Council•n: Braun. Brownewe11. Miles. Woods. Kreiling.
Alao Present: Cit7 Manager Rudd•
City Clerk Beauaang.
Abaent: Councilmen Martin. McLellan and City Attorney Each.
The lll.7or declared a quorum present.
RIQUBST POR CONTRIBUTION TO JAYCEES FOR 4TH OP JULY PIRBWORICS DISPLAY
Jlr. Nor11an Schillo. Preaiden~ ot the Junior Chamber ot Commerce. requested that
the CitJ Council contribute an amount ot $200.00 toward the 4th ot July fireworks
diapla1 aa it had done tor many years in the past. He outlined the general program
and stated that &Jl7 protita trom the aale or fireworks. contributions at the gate ot
the Ar9p&hoe Count1 Pair Grounds. where the display will be held. or donation• troll
other bua1neea. or civic aourcea would be used tor the various Ja7cee projects in
Englewood. Diacuasion ensued.
entered
(Councilman McLellan/and took his seat at 8:05 P.M.)
CmRCILIUJf BRCMCBVELL MOVED. COONCIUUN McI.EI,I.AN SECONDED, THAT 'MB CITY DOllA'l'B
$200.00 TO THB BNOLEWOOD JUJfIOR CHAMBER OP C<l4MERCE POR ITS 4TR OP JULY PIRBWORICS
DISPLAY. Upon the call or the roll, the vote resulted aa tollowa:
A7ea: Council•n Woods. McLellan. Miles. Brownewell. Braun. Kreiling.
1'1.7a: None.
Abaent: Council ... n Martin.
'ftl8 J1&7or declared the motion carried and instructed the City Treasurer to draw a
cheok tor thi• purpose.
611-18 RELATING TO ICLZ SITE ANNEXATION
llr. Alex B. Holland. or Holland and Hart. attorney tor the owners ot the ICLZ
aite, diacuaaed with the Council a technical legal problem ot the tinal passage ot
the ordlnance annexing and zoning the KLZ tract. He discussed the 90 daJ deadline
tor poalt1.e action on behalf ot the Council. He stated that the 90th daJ waa
Sunda1, JulJ 2nd. Arter reviewing State Statute and court caaea on the subject.
he did not rind authority tor an automatic exten•1on to the day following when the
laat d&J waa SundaJ tor which a particular action should be completed.
Be apoke 1n some detail ot the tact that action bJ the Council has not been
determined to be aillply a resolution favoring the annexation, passage or any ordi-
nance tor the annexation as a bill. or whether the entire procedure tor ordinance
paaaage be C011Pleted. Discussion ensued. ·
llr. Holland requested that in light or the above deadline and the other question
aa to degree or action to be COJIPleted by the Council within the 90 daJ period. that
the CitJ Council .. et in special aeaaion on Friday. June 30, 1961. tor the purpose
ot paaaage ot the annexation ordinance on second reading. Diacuaaion ensued.
(Council.an Martin entered and took his seat at 8:17 P.•.)
C<mlCIUll• JlcLBLLAJf MOVED, COONCIL BRAUN SECONDED, THAT SINCE THE 90'l'H DAY FOR
'!'BB AJlllBIATIOlf OP '1'llB ICLZ SITE PSLL ON SUNDAY. JULY 2, 1961. THAT A SPECIAL COUJICIL
mt'DO BB SCDIJULBD POR PRIDAY. JUNE 30TH. AT THE CITY COOMCIL CHAMBBRS, CI'l'Y HALL,
AT 5:30 P.11. POR TBB PURPOSE OP PASSAGE OP THE KLZ ANDXATIOR ORDIHAJfCE OR SBCORD
RIEADIJll. Upon the call or the roll. the vote resulted aa tollowa:
A7ea: Counc11 .. n Woode. Miles. McLellan. Martin. Brownewell. Braun. Kreiling.
Ra7a: Rone.
Absent: Rone.
The Jla7or declared the motion carried and instructed the City Clerk to prepare a
apecial .. eting notice in contol'll&nce with law.
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Minutes or June 20, 1961
611-92 RELATING TO LEASE BY MACLEE RADIO, INC. OF CITY-OWllBD LAND
The City Manager discussed the letter request for lease renewal privileges
under the tel'lla or the lease agreement dated Septellber 10, 1951, tor the renewal
or said lease tor a period or 10 years under the ea .. te1'118 and conditions and
rental rates as original lease. The City Manager co-nted that this renewal option
waa written as one or the terms or the issuance or the original leaae and aa auch
would not be subject to option or the Council other than to lillit or restrict further
renewal privil~gea. Discussion ensued.
COOllCILIUlf MARTIN MOVED, COUNCILMAN MILES SECONDED, THAT TllB CITY COUlfCIL GRA1"1'
All BITDSION OP '1'llE LEASE BB'l'WBBN THE CITY OF ENGLEWOOD AND '1'llE MACLEE RADIO, DIC.
Df ACCORDAlfCB WITH '1'llE TERMS IN THE ORIGINAL AGREEMENT FOR A TD-YEAR PERIOD WI'!BOUT
POJttBBR RDEVAL PRIVILEOES AND THAT THE CITY ATTORNEY IS DIRECTED TO PREPARE TllB
RBllBVAL LEASE FORM. Upon the call of the roll, the vote resulted as follows:
Ayes~ Council•n Woode, Miles, McLellan, Martin, Brownewell, Braun, Kre111ng.
Nays: None.
Absent: None.
The Mayor declared the •otion carried and endorsed a copy or the letter submitted by
111.cLee Radio, Inc. indicating acceptance or the option to renew.
611-31 RELATING TO PROPOSED OPENING OF CHEROKEE STREET
The City Manager read a letter from the Englewood Parka and Recreation COllaiaaion
written by llr. Colbert E. CUahing, Chairman, on June 9, 1961, addressed to the City
Manager aa follows:
"June 8, 1961
Mr. Leslie Rudd, City Manager
Bnglewood City Hall
Englewood, Colorado
Dear Mr. Rudd:
The Englewood Parks and Recreation Conan1ss1on had its
.. eting on May 15, and discussed at length the proposal to ex-
tend Cherokee Street through the City Park to Floyd Avenue.
After considerable diacuaaion, a motion was made, seconded,
and paaaed that the Comaiaaion should recommend to the City
Council that th1a extension or Cherokee Street be pel'llitted,
provided that land adjacent to the Park presentir leased by
the Englewood &aployeea Association be reverted to Park use.
I should report to you that the Conan1ssion took the a-ove
action very reluctantly because they can see a gradual "nibbling
away" or already inadequate park and recreational facilities.
However, they believe their action was in the best interest or
the total growth and development or Englewood.
There waa, however, a very definite reeling that the
property leased by the above mentioned Englewood Ellployeea
Association should be returned to Park use to partially compen-
aa te tor the land lost by the extension of Cherokee Street.
It further clarificiation is needed in respect to this
action, I would be moat happy to talk with you about it.
Very sincerely,
/s/ Colbert E. Cushing, Chairman
Englewood Parka and
Recreation Commission"
He stated that until the Downtown Englewood Development Association or Engle-
wood Unl11l1ted develops definite plans that the letter is intormationaly only.
COOllCIUWf lleT.JlT.IAN MOVED, COUNCILMAN WOODS SECONDED, THAT THE LET'l'ER BE RB-cBI--v-BD ... AJID 'l'llE MATTBR TABI.ED UM'l'IL SOME ACTION OR EFFORT OP GOOD FAITH IS APPARBIT
BY '1'D IKM'1'0WH EIGLEWOOD DEVELOPMENT ASSOCIATION OR OTHER AGENCIES IR THE EnORT
OP OPBNIIO SarrH CHEROICBB STREIT. Upon the call or the roll, the vote resulted aa
follows:
Ayea: Councilmen Wooda, Miles, McLellan, Martin, Brownewell, Braun, Kreil1ng.
Naya: None.
Absent: None.
The Mayor declared the motion carried.
489
The City Manager discussed recent proposals by the Englewood Unlimited
organization which included the opening or Cherokee and improvement ot South
Shel'll&D. He stated that he had been requested to submit City forces for the pur-
poae ot designing structures and providing for grades for the proposed improvement
ot the above streets. He stated that he would not submit those forms until the
Council so authorizes him.
611-4 PROCEEDDfOS OP BOARD OP ADJUSTMENT AND APPEALS MEETING OP MAY 29TH,
lllY 31ST AND JUNE 4TH
The Ma7or asked that these minutes be received and placed on file.
The City Manager commented on Case No. 61-164 as being similar to the re-
queat b7 Council ... n McLellan which was pending. Discussion ensued. No action
was taken.
611-5 PROCEEDINGS OP BOARD~OP CAREER SERVICE COMMISSIONER'S MEETINGS OP
MAY 23RD AND JUNE 7, 1961
The Mayor asked that the minutes be received and placed on file.
The City Manager discussed the need for a decision with regard to the Career
Service Board's establishment or a one year probationary period for persons hired
at a beginning salary or $350.00, or greater.
611-15 PROCEEDilfOS OP WATER AND SEWER BOARD MEETING JUNE 12, 1961
The Mayor asked that the minutes be received and placed on file.
611-51 Relating to agreement with Southgate Sanitation District
The Cit7 Clerk read the following recommendation or the Englewood Water and
Sewer Board in tull:
"That the connector's agreement between the City or Englewood and South-
gate Sanitation District be approved and properly executed as corrected."
COOllCILllAN BRAUN MOVED, COONCILMAN McLEJ.I.AN SECONDED, THAT THE REC<Ji1MEMDATION
OP TRI WATER AND SEVER BOARD BE ACCEPTED AND THAT THE MAYOR AND CITY CLERIC BE
AU'l'llORIZED TO SIGN TRI AOREBMBN'l' ON BEHALF OP THE CITY. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling •.
Na7s: None.
Absent: None.
The Ma7or declared the •otion carried.
611-93 Relating to addition to Sheridan Sanitation District No. 1
The City Clerk read the following recommendation or the Englewood Water and
Sewer Board in tull:
"That the following described land be allowed to annex to Sheridan
Sanitation District, by Suppltmental Agreement, with a maxinn.Un
ot seventeen sewer taps allowable, the City head tap fee to be
baaed on three trailer spaces as equivalent to one tap at $100.00
per tap:
That part of the Northeast Quarter of Section,5,
Township 5 South, Range 68 West of the 6th P.M.,
more particularly described as: Beginning at a
point which is 1165,3 feet North and 187 feet
East ot the Southwest corner or the North•ast
Quarter or Section 5, thence running East 576.92
teet, thence North at right angles, 340.7 feet, thence
West at right angles, 576.92 feet, thence South at
right angles 340.7 feet to the point of beginning
containing 4.oo acres, more or less.
That part of the NEt or Sec. 5, T. 5 s., R. 68 w.
ot the 6th P.M., Arapahoe County, State of Colo-
rado, more particularly described as: Beginning
at a point on the West line or the NEt of said
Section 5, 841.8 1 , more or less, North or the South-
west corner of said NEt; thence Easterly as the
fence now stands, 763.92 1 to a pointi thence North
parallel to the West line or said NE•,,323.5';
thence Westerly 576.92 1 ; thence North parallel to
the West line or said NEt, 79.3' to a point;
thence Westerly 187' to a point on the West line
or said NEt; thence South along the West line or
said NEt, 402.8 1 to the point or beginning, con-
taining 6.0 acres, more or less."
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Minutes of June 20, 1961
Councilnan Braun referred to the discussion or the matter held at the Water
and Sewer Board meeting at which time he questioned the issuance of sewer taps on
the basis or 3 trailers for each tap. Discussion ensued. Councilmen McLellan and
Woode agreed that perhaps this ratio should be reviewed in light of the facilities
included in a modern house trailer.
COUJICIIllAlf MARTIN MOVED, CCXJNCILMAN BRAUN SECONDED, THAT THE MATTER BE REPERRED
'l'O '1'llB WATER AND SEWER BOARD FOR FURTHER REVIEW AND STUDY AS TO THE RATIO OP TRAILERS
TO SDIBR TAPS AND THAT THE AGREEMENT BE REPERRED TO THE CITY MANAGER AND CITY ATTORNEY
SO THAT TRI CONTENTS AND :FORM MAY BE APPROVED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Woods, McLellan, Martin, Miles, Braun, Kreiling.
Nays: Councilman Brownewell.
Absent: None.
The Mayor declared the motion carried.
611-94 Relating to construction or Sanitary Sewer from West Bates North
The City Clerk read the following reconunendation or the Englewood Water and
Sewer Board in full:
"Because of co .. itments made 1n the development agreement, under
the date or April 1, 1957, that plans and specifications be pre-
pared and a contract be negotiated for the construct1o~ as soon
as possible, or a proper sewer trunk line from the existing line
1n Vest Bates Avenue to the Southwest corner of the Urban Develop-
ment COllP&nY land, at the intersection of the lines of West Yale
Avenue extended and South Pecos Street extended."
The City Manager reviewed the money available for such a project in the Sewer
District Fund. He stated that this project could be included and have mone7 enough
tor another project coating $3,000.00 or $•1000.00.
COUJICILMAN McI.EI.IAN MOVED, COUNCIIMAN BROWNEWELL SECONDED, THAT THE RECCJllMEN-
DATION BE APPROVED AND THAT ADVERTIS.DmNT BE MADE POR THE OPENING OP BIDS FOR CON-
SIDERATION BY THB CITY COUNCIL AT ITS JULY 17, 1961, MEETING. Upon the call of the
roll, the vote resulted aa follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
611-95 Relating to addition to Southwest Cherry Hilla Water District
The Cit7 Clerk read the following reconunendation of the Englewood Water and
Sewer Board in fu11 :
"That the following described lands be allowed to annex to the
Southwest Cherry Hilla Water District, by Supplemental Agreement:
Block 16, and outlota 027 and 028 adjoining Block 16, South
Broadwa7 Heights Addition, excepting therefrom the north 322
feet thereof (for which excepted lands a metes and bounds de-
scription is contained in Quit Claim Deed recorded 1n
Araeahoe County records on May 23, 1960, in Book 1191 at Page
279} and subject to an easement and right or way over the
eastern moat 20 feet of outlot 028 thereof (which easement is
more particularly described in the same recorded instrument
specified hereinabove)."
COUNCii.MAN MARTIN MOVED, COUNCII.IJAN BRAUN SECONDED, TO APPROVE THB RECCIOIERDATION
AMI> THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AN AGREEMENT ON BEllALP OF
THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling •.
Naya: None.
Absent: None.
The Mayor declared the motion carried.
491
Minutes or June 20, 1961
611-96 Relating to addition to South Arapahoe Sanitation District
The City Clerk read the following recommendation of the Englewood Water and
Sewer Board in full:
"That the following described lands be allowed to annex to the
South Arapahoe Sanitation District, by Supplemental Agreement:
Leona A. Orr (Parcel No. 1)
That part of the Et of the NWt of Section 23, Township
5 South, Range 68 West formerly plotted and described
as Plots or Blocks 6 and 7, Valley Park, now vacated,
Arapahoe County, Colorado; except that part thereof
conveyed by Warranty Deed recorded August 10, 1950, in
Book 686 at pages 428 of the records of the Clerk and
Recorder of Arapahoe County, Colorado.
D. R. Dickerson (Parcel No. 2)
Part of the East one-half of Northwest Quarter (Ei
of NWt) of Section 23, Township 5 South, Range 68
West of the 6th P.M., more particularly described as:
Commencing at a point 466 feet South of the Northeast
Corner of the East one-half of the Northwest Quarter
of said Section 23 thence West 771 feet, thence South
264 feet, thence East 771 feet, thence North 264 feet
to the point of befinning, situate in the County of Arapahoe,
State of Colorado.
COOJICIIMAN BRAUM MOVED, COUNCIIMAN McLELLAN SECONDED, THAT THE
RECOllCBNDATION BB APPROVED AND THE MA_I_O~ AND CITY CLERK BE AUTHORIZED TO SIGN AN
AGREBMBNT TO THAT AFFECT ON BEHALF O~ CITY. Upon the call of the roll, the
vote resulted aa follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling.
Maya: None.
Absent: None.
The Mayor declared the motion carried.
611-50 Relating to Supplemental Agreement with Cherry Hilla Sanitation Aasociat~n
The City Clerk read the following recormnendation of the Englewood Water and
Sewer Board in full:
"That the connector's agreement between the City or Englewood and
the Cherry Hills Sanitation Association be approved and properly
executed aa presented."
The City Manager reviewed that this district was for the connection of the
Country Club and a rew houses to the Englewood sewer system. He stated that there
were no re.tea for sewer connection set forth and that the agreement did not appear
to be complete.
COONCILIWf BRAUM MOVED, COUNCILHAN BROWNEWELL SECONDED, THAT THE REC<*llBNDATION
BB APPROVED UPON THE RECEIPT OF THE PROPERLY SIGNED CONTRACT AND FILING OF A PLAN
OP SEWER LINE CONSTRUCTION FOR APPROVAL OF THE WATER AND SEWER BOARD THEN TO BECOllB
A PElllAJfEN'l' RECORD IN THE OFFICE OF THE CITY ENGINEER, THAT THE MAYOR AND CITY CLERIC
BB AU'l'BORIZED TO SIGN THE AGREEJ(ENT ON BEHALF OF THE CITY OP ENGLEWOOD. Upon the
call ot the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
611-17 PROCEEDINGS OF PUBLIC LIBRARY BOARD MEETING OP JUNE 13, 1961
The Mayor asked that the minutes be received and placed on file.
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Minutes of June 20, 1961
Introduced aa a bill by Councilman Braun
611-75 BY AUTHORITY
ORDINANCE NO. 18, SERIES OF 1961
Alf ORDillANCB .AMBllDING ARTICLE IV OF ORDINAHCB NO. 45, SBRIBS OP 1955,
AS MIQIDBD, OP TBB ORDINAIJCBS OP THE CITY OP ENGLEWOOD, COLORADO, IQf010f AB
TBB • ZO•IRG ORDDIAllCB OP 'l'HB CITY OP BNGLBWOOD" , BY PROVIDIBG POR AB ADDI-
TIOllAL DISTRICT TO BB DBSIGllATBD AS "T" (TRANSITIONAL DISTRICl'), MD DBCLAR-
IllG AB DIBRGBRcr.
waa read for the aecond time.
COUllCIUIAB BRAUN MOVBD, COUNCILMAN MARTIN SECONDED, THAT ORDIBABCB NO.
18, SBRIBS OP 1961 BB PASSBD ON SBCOND AND FINAL RBADDIG MD ORDBRBD PUBLISBBD
IR PULL IR 'DIB IDIGLBWOOD HBRALD AND BHTBRPRISE. Upon the call of the roll,
th• vote reaulted aa follow•:
Ayea: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun,
Kreiling.
Haya: None.
Abaent: None.
'l'h• Mayor declared the motion carried.
Introduced aa a bill by Councilman Woods
611-80 BY AUTHORI'l'Y'
ORDIHAHCB NO. 19, SERIES OF 1961
Alf ORDIHAMCB AM&llDDIG ORDIBANCE NO. 25, SERIES OP 1959, OP THE ORDD1All-
CBS OP TBB CI'ft or DIGLBWOOD, COLORADO, RELATING TO THE RULES AND REGULATIONS
IN RBSPBCT TO TBB MUNICIPAL BLBCTIONS IN THE CITY OP ENGLBWOOD, COLORADO,
BY AMDIDDIG SBC'l'ION 7 'nlBRBOP RELATWB TO THE COMPENSATION OP THE JUDGBS OP
MUNICIPAL BLBC'l'IORS.
waa read for the aecond time.
COUllCilllAB BROWNBWBLL MOVBD, COUNCIUitAN WOODS SECONDED, 'l'HAT ORDINANCE
llO. 19, SBRIBS or 1961 BB PASSED ON SECOND AND PINAL READING AND ORDBRBD
PUBLISRBD IR PULL IN TRB BRGLBl«>OD HERALD AND BHTBRPRISB. Upon the call of
the roll, the vote reaulted aa follows:
Ayeaa Councilmen Wooda, Miles, McLellan, Martin, Brownewell, Braun,
Kreiling.
Raya: None.
Ab•ent: None.
The Mayor declared the motion carried.
Introduced as a bill by Councilman McLellan
611-90 BY AUTHORI'l'Y'
ORDINANCE NO. 20, SERIES OF 1961
AN ORDIHABCB AUTHORIZING THE MUNICIPAL JUDGE OF THE CI'l'Y' OF ENGLEWOOD,
COLORADO, TO BSTABLISH A VIOLATIONS BURBAU FOR MISCBLLABBOUS OFFENSES
AGAIBST 'DIB ORDIKARCB OP SAID CITY; TO DESIGNATE THE ORDJ:NANCE AND SECTJ:ONS
or ORDIRABCBS POR VIOLATIONS OP WHIOI PAYMENT OP PINES MAY BB ACCBPTBD BY
SAID VIOLATION BURBAU: TO ESTABLISH SCHBDULBS OF PDfBS FOR SUCH VIOLATIONS:
TO IUDlIT OR SUSPBND FDf•S: AND TO PROVIDE FOR 'MB DUTIES THBRBOF.
waa read for the aecond time.
COURCIUIAH MARTIN MOVED, COUNCILMAN MILBS SBCONDBD, THAT ORDINANCE NO.
20, SBRIBS OP 1961 BB PASSED ON SECOND AND PINAL RBADING ARD ORDERED PUB-
LISBBD IN PULL IN THE BNGLBWOOD HERALD AND BNTBRPRISB. Upon the call of
the roll, the vote reaulted as follows:
Ayeas Councilmen Woods, Mile•, McLellan, Martin, Brownewell, Braun,
Kreiling.
Rayas None.
Ab•ents Hone.
The Mayor declared the motion carried.
493
Minute• of June 20, 1961
611-89 RELATING TO AMENDMENTS TO ELECTRICAL CODB
Councilman Braun atated that the examination for electrician• aonducted
by the State waa much more tltrough than the preaent City examination and
will aaaure adequate qualification of electricians in the area if the City
accept• thia examination for its licensing purposes. Diacuaaion enaued.
Introduced aa a bill by Councilman Braun
A BILL
l'OR All uRDIKANCE AMBNDING ORDINANCE NO. 2, SERIES OF 1953, OF 'l'BB
OJU>IllMICBS OP 'l'BB CITY OP ENGLEWOOD, OOLORADO, KNOWN AS THE "ELECTRICAL
CJDB," ARD RBPBAL:UiG ALL uRDIHANCES OF PARTS OF ORDINAHCES IN CONFLICT
HSUWITH.
BB IT OJUaXNBD BY THB CITY' COUNCIL OF THE CITY' uF BNGLEWOoD, COLORADO:
&tction l. All of the Sth paragraph of Section 3 of Ordinance No. 2,
Seri•• of 1953 i• nereby deleted.
Section 2. Section 1 of Ordinance No. 2, Series of 1953 is hereby
repealed and th• following Section 7 subatituted therefor:
•sBCTIOR 7. BXAMINATIUN FvR LICENSE. No electrical contractor,
Contractor'• foreman, or electrician shall be issued a licenae, or work
at hi• trade, until ha baa qualified by taking and passing a written
.... ination from the State Electrical Board of Examiners.
•sach paraon ahall, after paaaing the state examination, and desiring
to obtain an Bagl..ood licenae, make application and pay to the electrical
inapector or hi• clerk a fee of Ten Dollars ($10.00) for saidd license.
•'!'he grade .. de by each parson taking the examination shall be
certified within 48 hours by the examining board.
•sach ...-bar of the Board of Examiners, except the electrical inspec-
tor and th• councilman representative, shall be paid the S1111l of Ten Dollars
(fl0.00) for each called meeting.
•At least 2 member• of the board of examiners shall have the power to
call a .. ating of the board at leaat once every 6 calendar months, but no
more than 3 -•ting• in 6 calandar month• may be called".
1tction J. Section 8, of Ordinance No. 2, Serie• of 1953 is hereby
-nded •• follow•:
a. All of the aecond and fourth paragraphs of sub-section (c)
of aaid aection 8 are hereby repealed.
b. The 6th, 7th and 8th paragraphs of sub-section (c) of section
8 of Ordinance Bo. 2, Seri•• of 1953, are hereby repealed and the following
paraqraph• aubatituted therefor:
•sach contractor or electrician who has satisfactorily passed the re-
quired examination conducted by the State of Colo1rado, and each apprentice
electrician shall have in hi• possession at all time• when working at his
trade, an identification card signed by the electrical inapector. The
electrical inspector shall have the right to see this identification card
at any time when th• electrician, operator, or apprentice is working at
hi• trade. All annual f••• are due and payable on or before the lat day
of January.
•11o license or permit ahall be issued by the city clerk until he shall
obtain written approval from the electrical inapector, auch approval to
certify the applicant has passed the required examination for electrical
contractor or electrician.
•A t .. porary permit, upon approval of the electrical inspector, may be
i••.ed ~to a journeyman electrician to work with a licensed electrician by
the State of Colorado. Temporary permit• will be void after the next
quarterly ~ination data. P•• for temporary permit• shall be Five Dollars
($5.00) for each permit."
Section 4. the lat paragraph of Section 11 of Ordinance No. 2, Series
of 1953, i• hereby amended by deleting therefrom the wora• "City Clerk" and
aubatituting therefor the word• "Building Department".
Section S. Section 13 of Ordinance No. 2, Series of 1953,is hereby
8-nc:led aa follow•:
a. The word• "and inspections" are hereby deleted from the
caption of aaid Section 13.
b. The word• •city Clerk" are hereby deleted from the lat para-
graph of said Section 13 and the words "Building Department" aubatituted
therefor.
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Minutes of June 20, 1961
c. The 8th paragraph of Section 13 of Ordinance Ho •. 2, Serie• of
1953 i• amended by atriJdng therefrom the words "each fixture •••••••• ·.SO"
and aubatituting therefor the words "lat fixture •••••••• SO: by adding
i_..,,iately thereafter a new line which shall read "each additional fixture ••
• lo:• by adding in the next line after the word "Pixturea:" the word• "Hew
inatallationa:" by deleting therefrom the words "each additional socket ••••••
• 10• and aubatituting therefor the words "each additional aocket ••••• 05":
by deleting therefran the words "each transformer ••••••• 2.00 and •ub•tituting
therefor the word• "lat tranaformer ••••••• 2.0011
: by adding an additional
line iwdiately thereafter which shall read aa follows "each additional
tranaformer • • • • • • SO."
Section 6 a. The 4th paragraph of Section 14 of Ordinance Ro. 2, Serie•
of 1953 i• hereby amended by adding the word "latest" between the fir•t word
of aaid paragraph and the second word of said paragraph.
b. Sub-section "f" of the section entitled "SDVICBS• of Section
14 of Ordinance Ho. 2, Serie• of 1953, is hereby deleted and a new sub-section
aubatituted therefor which shall read aa follows:
•(f) A service switch shall have a rating not le•• than the load to be
carried: ahall have a rating of not leas than 100 amperes if a switch is used,
and not le•• than 100 ampere• if a circuit breaker ia uaed."
c. Sub-section (g) of the title "SBRVICBS" of Section 14 of
Ordinance Ho. 2, Series of 1953, is hereby repealed and the following sub-
aection •ub•tituted therefor: "(g) Service entrance conduetor• •hall not be
... 11er than Ho. 2, except by special permiaaion."
Section 7. Sub-section (b) of Section 16 of Ordinance Ro. 2, Serie• of
1953, i• hereby amended by deleting the last sentence therefrom.
S.ction 8. All ordinance• and part• of ordinances in conflict herewith
are hereby repealed.
Paaaed on Pir•t Reading by the City Council of the City of mtlglewood,
OOlorado, thi• 20th day of June, A.D., 1961, and ordered published in full
in the Bnglewood Herald and Bnterpriae.
~ c.~1 L.~ · ...
ATTBST:
?7 Mayor ~~T ·· ··· 7
wa• read for time.
CX>UIJCIUIAH BRAUR MOVBD, COUHCIU4AH MCLBLLAH SBOORDBD, 'l'BAT 'l'BB PROPOSBD
BILL BB PASSBD OB PIRST RBADIHG ARD ORDBRBD PUBLISBBD IR PULL IR '1'llB
BllGLBMOOD BBRALD ARD BNTBRPRISB. Upon the call of the roll, the vote reaulted
aa follow•:
Aye•: Council.men Woods, Miles, McLellan, Martin, Brownewell, Braun,
Kreiling.
Raya: Hone.
Absent: Hone.
'ftle Mayor declared the motion carried.
611-91 RBLATillG TO MBTROPOLITAN SALES TAX DISTRICT
The City Manager read a letter from the City Attorney addr•••ed to the
Mayor dated June 19th as follows:
"JOSBPH W. ESCH
Attorney and Counselor at Law
303 PtE•t National Bank Building
Bnglewood, Colorado --
sunset 1-7212
June 19, 1961
Bon. John c. Kreiling, Mayor
and City Council
Bnglwood, Colorado
Gentl-n:
495
Minute• ot June 20, 1961
Purauant to your directive, I have researched the question ·ot the enact.8nt
by the City ot Bnslewood ot a one per cent sales tax ordinance to go into ettect
atter th• election on the question ot a metropolitan salea tax. It seema torr:me
that the .. tter divides itaelt into two problems, 1: Whether or not such an
ordinance .. Y be enacted ettective in ruturo, and; 2: Whether or not it would be
to the advantage ot the city to enact such an ordinance prior to the elction on
the metropolitan proposal. These questions will be considered in order.
1. The charter or the city provides in Section 39 that "except aa otherwiae
provided in thi• article, all ordinances shall take ettect ~o days atter publi-
cation tollowing paaaage." It provides 1n Section 41 that 'an e•rgency ordinance
ahall talat ettect upon paaaage and be published within 7 days thereot." It we are
to conatrue th••• provisions to mean that an ordinance becomes ettective i ... diately
upon the contingencies expressed in the above quoted provisions, we arrive at an
1nconaiatency 1n th• charter in connection with the provisions tor the adoption ot
the bud&et and appropriations ordinances in Section 90, since such ordinances apply
to a calendar year and it would obviously be a virtual impossibility to enact the•
purauant to the quoted provisions so that they would become ettective exactly on
the stroke ot midnight ot the expiring year.
The worda "ettective date" have been defined aa tollowa:
"Bttective date i• uaed trequently to designate actual tiJDe when event takes
place, but aa applied to written inatrwnenta ita primary significance ia time
apecitied therein. 'Date ot order' under strict construction does not neceaaar1ly
1111&n date ot it• pro11Ulg&t1on but Dai mean date fixed by such order. Under the
lnteratat• C01111erce Act, section 16 (3), aa amended by Transportation Act ot 1920,
49 u.s.c.A., aection 16 providing that suit to enforce an order or damages by the
Interatate C01111erce COllllliasion shall be tiled 'within one year trom the date or
the order,' the date ot the order ia ita •ertective date•, which is the time tixed
by the Comaiaaion tor payment ot the award. Standard Oil Company, C&litornia,
v. Davia, D. c., Cal1tornia, 6 P. 2d, 236, 237." 14W. and P. 152.
"The term 'take ettect', in const., art. 1, section 25, providing that no
law ahall be paaaed, the taking ettect ot which shall be made to depend on any
authority, except aa provided in the constitution, ia used aynon~aly with 'be
1n torce,' or •go into operation' Maize v. State, 4 Ind. 342, 348." 41 W. and P.
19.
KcQuillin on municipal corporations in section 15.41 atatea the tollowing
seneral rule: "Th• rule that a legislative body may pass a law to take ettect or
go into operation upon the happening ot a future event within a reasonable time
after it• paaaase ha• been applied to municipal ordinances. Por example, an ordi-
ance ... 1 be made to take effect upon its approval by the mayor; in oaae ot an im-
prove .. nt ordinance, upon deposit with the city treasurer ot a specitie•ct aU11; or,
1n caae ot a tranchi•• ordinance, accep,tance thereof and pertor11&nce ot conditions
precedent prescribed by the ordinance.'
In order to reconcile all ot the above, the only possibility which I see ia
that ot applying the rule ot reasonable construction. It would, therefore, bf 1my
concluaion that although th• ettective date is as provided in the charter, a-pro-
viaion .. Y be placed in the ordinance to the ettect that it will become operative
at SOiie tuture apecitied date.
2. The second question is aa to whether or not it would be to the advantage
ot the city to enact a aalea tax ordinance ~ to go into ettect atter the vote on
the •tropolitan ulea tax issue. There seems to be a general opinion that it
the city did this it would have the advantage ot a treer uae ot the money, and
that it would not be subject to payment or the metropolitan district coats on the
amount collected thereunder. I cannot reach any such conclueiona trom my peruaual
ot the Jletropolitan Improvement D11trict Statute. Sub-section (2) or section 14
ot the atatute provides in part as follows: "Such sales and uae tax shall be
unitormly levied and collected throughout the district; provided, however, that
with respect to any taxable transaction or incident, a credit, not exceeding
titty per cent, shall be allowed against the tax levied by the district tor any
•11lllar tax levied u•on the same transaction or incident by a h0118 rule city under
authority ot the provisions ot Article XX or the state constitution***·"
Sub-section (1) ot section 51 or the Statute provides aa tollowa: "All net
revenue del'1.-W.ed tro• diatrict sales and use taxes collected within a county or
city and county, leaa an amount not co exceed one-halt or one per cent thereot
tor neceau17 district adainistrative expenses, and leas such amount aa ie
neceaaar, tor coat• ot collection ot the tax, shall be available tor capital im-
prove .. nta or capital equipment requested by local unit wihin or partly within
the boundariea or such county or city and county".
I
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Minuea ot June 20, 1961
In view or the tact that the statute does not require the district to allow
a titty per cent deduction tor a tax collected by a home rule city, using the words
"not exceeding titty per cent," and that it further provides that it •Y deduct not
to exceed one-halt or one per cent ot its necessary adminiatrative expense• and
coat• ot collection ot the tax, without specifying what i• .. ant by the•• terma
or diatinguiahing between aalee tax collected by the district and aalea tax which
ldght be collected by a ho11e rule city, I am or the opinion that there would be no
gain to Englewood by virtue ot el1m1nat1on or part or the collection and adJl1n1-
etrat1ve expeneee ot the district. It should be kept in view that the city will
neceaaar1ly have collection expenses or its own it it baa a one per cent aalea tax.
I aee no liait• in the statute indicating that the city ia limited in the uae ot
a one per cent sale a tax which 1 t might levy.
Diecueaion ensued.
Respectfully aubllitted,
/a/ Joseph w. Each
Joseph w. Each
The City Clerk-Treasurer pointed out certain discrepancies in the law and die-
cuaaed the City Attorney's interpretation or them. These related 1n particular to
the un1tor11 levying and collection or the tax by the district and the section re-
lating to home rule cities enacting their own tax and whether such collection would
be by the district or by the home rule city. Discussion ensued.
The Mayor asked that this matter be held over for further discussion at the
1ntor1111l 11eeting or June 26th when the City Attorney would be able to be present.
611-97 RESOLUTION FOR BUDGET REVISIONS
The City Clerk-Treasurer read the following Certificates or availability ot tund
1n tull:
"CERTIPICA TE
I, B. O. Beaueang, City Clerk-Treasurer ot the City ot Englewood,
Colorado, do hereby certify that there ia or will be a autt1cient
a11<>unt or cash balance in the Water Fund to meet an additional
appropriation or $6,570.00.
Thia certit1cat1on 1a baaed upon the wa~er sales revenue estimate
ot $620,000.00 tor the year or 1961 as compared with the actual
collections tor the budget year of 1960 in the amount or $68o,617.05.
It ie eeti•ted by the Treasurer that water sales will exceed
$700,000.00 and thereby provide at least $80,000.00 or Unappropriated
Unencumbered monies at the end ot the year 1961 from that source alone.
'ftlere are no additional appropriations or encumbrances which might
illpair the above estimate.
B. O. BEIUSANO
City Clerk-Treasurer
June 15, 1961"
"CERTIFICATE
I, B. O. Beaueang, City Clerk-Treasurer of the City ot Englewood,
Colorado, do hereby certify that there is an Unaee~opriated Surplus in
the General Pund tor the budget year of 1961 or ,64,033.85.
It ie further certified that there 1a an Unappropriated Surplus
1n the Sewage Disposal Plant Pund for the budget year ot 1961 ot
$89,768.31. Thia entire amount becomes available tor appropriation
due to the tact that the estimated revenues or $213,500.00 exceed the
eet1 .. ted expenditures or $156,547.00 by $56,953.00 which sum, upon
realization, will add to above Unappropriated Surplus.
It ia further certified that there have not been any tre.natera
or 1Jlpairment of the above surpluses and they are available tor
appropriation.
A'rl'EST:
B. 0. BEAUSANO
City Clerk-Treasurer
June 15, 1961"
The City Manager discussed the procedure whereby such certification by the
Treasurer wae neceeeary and that now a resolution amending the appropriations could
be introduced by the Council.
497
Minutes ot June 20, 1961
Introduced aa a Resolution by Councilman Brownewell
RESOLUTION
WHEREAS i t haa been deemed necessary and expedient to provide additional
clerical aervicea in the Planning and Trattic orrice, in the Pire Department aa
well aa tor the Personnel Director under the Board of Career Service Conai11ioner1;
and,
WBBRBAS, the Board or career Service Commissioners arter due consideration
and atud7 aubllitted a plan for employee classification and compen1ation baaed upon
a standard pa7 plan; and,
WRBRBAS, the City Council atter further consideration and hearings adopted a
reco...ndation ot the career Service Board for classified employees under the
career Service ayatem and of the City Manager tor those unclassified positions
under hi• appoint-n t; and, .,
VRBRBAS, the volume ot legal work and duties thrust upon the City Attorney
by the .any activities ot the City has nade it apparent that additional appropriation
1• nece•a&l'J to meet these various special assignments in progress or shortly to
be undertaken; and,
WBBRBAS, the City Treasurer has certified that funds are available and eligible
tor theae purpoaea:
NOW, 'l'llBREPORB, BE IT RESOLVED that the following budget accounts be revised
and 1ncreaaed b7 the following amounts set opposite each respective account and
that th• amounts be appropriated from the Unappropriated Surplus or C&1h Reserve in
each tund involved:
TO A/C
130.01
140.01
16o.12-1
210.01
310.01
410.01
510.01
520.01
530.01
610.01
620.01
710.01
720.01
810.01
820.01
910.01
1010.01
1020.01
1110.01
lJl0.01
2010.01
2020.01
2040.01
2050.01
2510.01
2520.01
FUNCTION
GENERAL FUND
Board ot Career Service Commissioners
·e1t1 Planning and Zoning Commission
Cit7 Attorney, Special Assignments
fllmicipal Court
Cit7 Manager's Ottice
P1nance and Record
Public Work• -Engineering
Public Works -Opr.
Public Work• -Trash Diapoaal
P1re -Coordination
Pire -Opr.
Police -Coordination
Police -Opr.
Building Inspection -Coordination
Building Inspection -City Hall Maintenance
Parka and Recreation -Coordination
Planning and Trattic -Coordination
Planning and Trattic -Opr.
Libr&l'J
General Oovern11ental
WATER FUND
water -Coordination
Water -Plant and Production
water -Distribution
W&ter -Distribution, C&pital Additions
SEWAGE DISPOSAL PLANT FUND
Program Coordination
Plant Opr.
AMOUNT
• 2,250.00
250.00
5,000.00
100.00
470.00
950.00
1,890.00
2,830.00
600.00
4,o80.oo
5,300.00
600.00
8,000.00
575.00
5525.00
1,160.00
1,725.00
475.00
1,500.00
400.00
$38,680.00
$ 2,o65.oo
1,925.00
1,945.00
635.00
• 6,570.00
• 405.00
11,355.00
• 1,760.00
BE IT PURTHBR RESOLVED that the City Treasurer ia hereby directed to enter
upon the booka and records tor the year or 1961 the items set forth above in the
.... manner aa it they had been originally appropriated by Ordinance No. 35,
Seri•• or 1960.
Accpeted and adopted by the City Council on the 20th day ot June, A. D. 1961.
AT't'BM': ~~.~~ u-· 14ayo~----T
I
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I
Minutes ot Junl 20, 1961
COONCIUIAN BROWNBWELL MOVED, COONCILMAN MARTIN SECONDED, THAT THE RmlOLU'l'ION
BE ACCEPTED AMD ADOPTED. Upon the call or the roll, the vote resulted aa tollowa:
Ayea: Counc1l•n Wooda, Milea, McLellan, Martin, Brownewell, Braun, Kreiling.
Maya: None.
Abaent: None.
The Mayor declared the motion carried.
611-98 DISPOSAL OP OBSOLETE BOOKS FROM LIBRARY
The City Manager read a memorandum trom the Public Librarian relating to the
diapoaal ot out dated and unuaed booka trom the Englewood Public Library. Re re-
ferred to a Charter provision that the Purchasing Agent diapoae ot any aurplua
gooda or propert7 to the highest bidder. As the proposal waa to have the Prienda
ot the Englewood Library aell the booka with proceeds to go to the Library Donora
Pund tor the purchase ot new books tbat he would negotiate a sale or these book•
upon thoae conditions. Discuaaion ensued as to the value ot the books as waate
paper. Councilman McLellan auggeated that a contact be made to a waste paper pur-
chaaer to determine the value ot the books.
The Ma7or authorized the City Manager to handle the details as an administrat-
ive matter.
611-87 CONTRACT POR ADDITIONAL DUMP SITE
The City Manager reported that the agreement with Ra)'lllond R. Koch to provide
additional dUllP aite had been prepared and the Mayor and Cit7 Clerk could now sign
it on behalf ot the City aa previously authorized.
611-19 TREASURER'S FINANCIAL REPORT FOR MONTH OP MAY
The City Treaaurer reported on the financial condition ot the City and dis-
cuaaed various buqet accounts. He turther reported that the City had received
the $2,000.00 payment from Mr. Kamphausen relating to the completion ot the road
1n the area ot the raw water reservoir site and that $1,529.31 had been received
trom the State ot Colorado pay tor the Paving District No. 9 aaaessment against
the State Al'llOry, which sum had been advanced by the General Pund.
COONCILllAJf WOODS MOVED, COUNCILMAN MARTIN SECONDED, THAT THE TREASURER'S RE-
PORT BE ACCEPTED AND PLACED ON JPILE. Upon the call or the roll, the vote re-
aul ted aa tollowa:
Ayes: Counc1l•n Woode, Miles, McLellan, Martin, Brownewell, Braun, Kreiling.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
611-91 CITIZENS CCIDII"M'EE POR PUBLIC IMPROVBMEN'l'S
The Mayor diacuaaed the appointment or a Citizens Committee to review the
various public improvement• which ... Y be eligible tor participation in the proposed
tropolitan Salee Tax District. He reviewed a list proposed by the Englewood
Challber ot Com1erce and it was determined that a letter ot appointment be aent to
each ot the persona listed by the Chamber or Comnerce after striking those that
were alread7 on City Commiasiona or Boards.
(Council .. n Brownewel l and McLellan left the Chambers at 10:30 P.M.)
RELATIMO TO BROOKRIDGE AREA
The Mayor reported that the Brookridge area was petitioning tor annexation to
Littleton. He stated that he had been approached by President Taylor ot the Little-
ton Council with regard to iaauing a statement that Englewood was not interested 1n
the area ao that the County Comniasioners would sign annexation petition on behalf
ot the County atreeta and roads included in the proposed annexation area. D1a-
cuaa1on ensued.
The Mayor au •r1zed the results o~ the discussion by stating that it di• not
·499
appear to be 1n beat intereata ot the City to make a statement a, ~~-~the Littleton
ott1c1ala.
ADJOURN
COONCILIWf BRAUM MOVED, COUNCIU4AN MARTIN SECONDED, THAT THE MEETING BE AD-
JOURNED. Upon the call or the roll, the vote resulted as follows:
500
Minute• of June 20, 1961
Ayes: Council•n Woods, Miles, Martin, Braun, Kreiling.
Maya: None.
Absent: Counc11 .. n Brownewell, McLellan.
The Mayor declared the meeting adjourned at 10:45 P.M.
B. o. Beausang, City Clerk
Clerk or the Council
'l'be minute• of the meeting of th• City Council of the City of Englewood,
OOUnty of Arapahoe, Colorado held on th• 20th day of June, 1961 A.D., stand
approved aa written thi• 3rd day of July, 1961 A.D.
I