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HomeMy WebLinkAbout1961-12-18 (Regular) Meeting MinutesRBDULAR MBE'l'INO: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO DECEMBER 18, 1961 The City Council ot the City or ~lewood, Arapahoe County, Colorado, met 1n regular session on Monday, December 18, 1961, in the Council Chambers, City Hall, Englewood, at the hour ot 8:00 P.M. Mayor Kreiling presiding called the meeting to order and the invocation was given by the Reverend Allen Strong ot the First United Presbyterian Church. The Mayor asked tor roll call. Upon the call or the roll, the following per- sona were present: Counc1l•n: Braun, Brownewell, McLellan, Martin, Miles, Woods, ICreiling. Aleo Present: City Manager Rudd, City Attorney Esch, City Clerk Beausang. Absent: None. The Mayor declared a quorum present. 612-100 CONSIDERATION OF BIDS FOR WATER RO<M CONSTRUCTION The Mayor recognized Councilman Braun. Councilman Braun stated that before the tabulation ot the bids was read that he wished to speak to the Council. He stated that Oeorge H. Allen ot Allen Construction Company, had turned his bid tor the -con- struction ot the water meter building to Mr. Dale Rea at 11:15 A.M. on December 14th, the day ot the bid opening. Mr. Rea did not turn the bid over to the City Purchasing Agent prior to 2:00 P.M., but arrived at 2:o8 P.M. The bid proposal was retuaed by the Purchasing Agent at that time. He suggested that as the bid was 1n the hands ot Mr. Rea, who designed the building, prior to the time tor letting and that through no tault ot the contractor was the bid not received prior to 2:00 P.M. that the bid be opened and considered. COOJfCILMN BRAUN MOVED, COONCIIMAN McLELLAN SECONDED, THAT THE BID OF THE ALLD CONSTRUCTION CCICPANY BE RECEIVED AND OPENED AND THAT THE CITY MANAGER ARD COJGULTillJ EllJIHEER REVIEW THIS BID IN CCJllPARISON WITH THE OTHER BIDS RECEIVED AlfD REP<ltT RECCJOIENDATION LATER TO THE COUNCIL. • The City Attorney reported that it was the duty or the bidder to have his bid 1n the hands or the proper official at the proper time and place. Councilman Braun asked tor the question. Councilman Miles inquired as to the liability of the City 1n this regard? The City Attorney reported that receipt ot this bid might place the City 1n a position where it will be subject to a suit and he would be unable to legally defend the City. Councilman Braun inquired ot Mr. Rea if the bid had been oper911or tampered with? Mr. Rea stated that it had been in his possession since the date or the opening ot December 14th and had not been opened or tampered with. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Braun, McLellan, Martin, Woods. Haya: Councilmen Brownewell, Miles, Kreiling. Absent: None. The Mayor declared the motion carried. The City Manager explained that he had no alternative but to act as he did. Mr. Rea tiled the bid with the City Clerk-Treasurer at 8:28 P.M., December 18th. The City Clerk-Treasurer opened the George H. Allen bid for the construction ot Water Meter Room in the amount ot $3,388.oo with a certified check 1n the amount or l°" of that bid. He reported the bid seemed to be in order and properl-y signed. The City Manager read a recommendation, dated December 14th, submitted to him by Mr. Harold H. Babcock, Utilities Director, and Mr. Dale H. Rea, Consulting F.ngineer, that the low bid or Robert Dugan in the amount of $4,250.00 be accepted. Mr. Rudd and Mr. Rea acknowledged that the bid of George H. Allen was lower than the previous recomnendation. Minutes of December 18, 1961 "INTER-OFFICE MEMORANOOM TO: Mr. L. R. Rudd, City Manager DATE: December 14, 1961 PRCll: Harold H. Babcock, Utilities Director SUBJECT: BIDS FOR ·llBTER REPAIR BUILDING The following is the list of Bidders for the Meter Repair Building received December 14, 1961, @ 2:00 P.M.; Robert Dugan Wikstrom & Plattner Capital Construction Co. Charles Schillinger $4,250.00 4,460.00 4,490.00 4,986.76 It is reconnended that the low bid of Robert Dugan in the amount ot $4,250.00 be accepted. R.H.B. eJ" '=' Harold H. Babcock rold H. Babcock Utilities Director. /s/ Dale H. Rea Daie H. Rea Consulting Engineer. COUNCILMAN BRAUN MOVED, COUNCILMAN MARTIN SECONDED, THAT THE BID OF GEORGE R. ALLBN CONSTRUCTION C<*PANY BE ACCEPTED AND A CONTRACT FOR THE CONSTRUCTION OP WATER MBTKR HOOSE BE AWARDED THAT CC*PANY IN THE AMOUNT OP $3,388.00. The Mayor reported that he must vote against the motion on the matter of principle. Councilmen Brownewell and Miles also voiced their objection. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Braun, McLellan, Martin, Woods • • Nays: Councilmen Brownewell, Miles, Kreiling. Absent: None. The Mayor declared the motion carried. 612-101 APPLICATION FOR CLUB LIQUOR LICENSE The City Clerk read an application for a liquor license for a club submitted by Fnglewood Lodge #1793, Loyal Order of Moose, Inc. to be located at 3531 South Broadway, signed by Wally Pederson, Secretary, submitted to the Clerk-Treasurer's ottice on December 14th at 12:00 noon. COONCIUUN BROWNEWELL MOVED, COONCILMAN MARTIN SECONDED, THAT THE PROPERTY BB POSTED AND A PUBLIC HEARING ON THE APPLICATION FOR LIQUOR LICENSE BY THE LOYAL ORDER OP MOOSE BE SET FOR 8iOO P.M., JANUARY 15, 1962, IN THE COONCIL CHAMBERS, CITY HALL. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. 612-10 MUNICIPAL COORT REPORT FOR NOV!>'IBER, 1961 The City Manager stated that this was the first monthly report of the Court he had received, normally reports were submitted quarterly. Discussion ensued. COUMCIUUN BROWHEWELL MOVED, COUNCILMAN MARTIN SECONDED, THAT THE MUNICIPAL COURT REPORT BE RECEIVED AND PILED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. I I I I I I 612-8 Minutes of December 18, 1961 PROCEEDit«JS OP PUBLIC LIBRARY BOARD MEETING OF DECE>tBER 12'1'H COUHCILMAH McLELLAN MOVED, COUNCIIMAN WOODS SECONDED, THAT THE MINUTES BE RECEIVED AND PILED. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. 'ftle Mayor declared the motion carried. 612-5 PROCEEDINGS OP BOARD OP CAREER SERVICE COMMISSIONERS MEETING OF DECmmER 6TH The Mayor asked that the minutes be received and placed on file. 612-6 PROCEEDINGS OP CITY PLANNING AND ZONING COMMISSION MEETINGS OP DECmitBER 5TH AND 7TH 612-102 Recoamending an extension for Ringenberg Cottage Court The City Clerk read the following reconunendation or the City Planning and Zoning Coanission in full: "Extension ot time for Elm Trailer Court The Planning COlllllission recommendBto the City Council that an extension ot time be granted to the Ringenberg's due to the fact that the Planning COlmliasion is working on an amendment to the Mobile Home Ordinance." Councilman Miles discussed the recormnendation which would allow more time for the compliance with the January 1, 1962, deadline for trailer court camps. Council- lllln Woods inquired if the Council could grant an extension ot time? The City Attorney reported that the Coi.tncil could not extend time for compliance without a general ordinance, not special legislation. He emphasized that the extension could not be granted to only one court without granting to all courts. Discussion ensued. The City Attorney spoke further that the revision ot the Trailer Court Ordinance, if revised, is a policy matter. Such a revision would be after the Planning Comaiaaion reconaended it and the City Council reviewed it and approved it by paaa1ng an ordinance. Councilman McLellan spoke for the extension emphasizing the good faith or the Ringenberg' a in attempting to improve their court. COUNCILMAN BRAUN MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE RECClllEMDATION BB RBPBRRBD BACK TO THE PLANNING COMMISSION AS THE ORDINANCE AND DBADLIHE DOES NOT APPLY TO THE COTTAGES. Councilman McLellan stated that the Ringenberg' a wished to replace some old cottages, that are nearly shacks, with an equal number or trailer sites. He stated that he personally wanted to act on the matter rather than simply refer it back to the Planning Conunission. Councilman Braun spoke to his motion, stating that he would not like to deny the request and yet does not agree with the extending ot any deadline. Councilman Miles spoke that he would prefer to have the City Manager consult with the Building Inspector as to enforcement or the Building Code and Mobile Home Ordinance with regard to this particular case. Discussion ensued. WITH THE CONSENT OP THE SECOND, COUNCILMAN BRAUN WITHDRD HIS MOTION. COUNCILMAN MILES MOVED, COUNCIIllAN MARTIN SECONDED, THAT THE CITY MANAGER CON- PER WITH THE BUILDI?«l INSPECTOR AND IP LEGALLY PO~SIBLE GRANT AN EXTENSION OF TIME POR Rlt«JENBERG TO IMPROVE OR DP>tOLISH THE CABINS. Councilman Braun inquired this related only to the cottages? Councilman Miles stated that it did. Discussion en- sued. Councilnan Braun stated that he would vote against the motion due to the ~act an order for condemantion or the cottages may have been given and this order should not be revoked or extended. Discussion ensued. Councilman McLellan stated that such action does not help Mrs. Ringenberg to improve her trailer court, many or which improvements require the knowledge or whether she will be allowed to re- place the cottages with trailer sites. Councilman Brownewell retorted that Mrs. Ringenberg has had full knowledge or the Mobile Home Ordinance and its deadline. (Councilman Miles left the Chambers at 9:10 P.M.) COUNCILMAN BRAUN MOVED, COUNCILMAN WOODS SECONDED, ·THAT THE MOTION BE TABI·ED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Woods, Kreiling. Nays: None. Absent: Councilman Miles. The Mayor declared the motion carried. 42 Minutes or December 18, 1961 RECOMMENDATION OF WATER AND SEWER BOARD MEETING OF DECEMBER 13TH 612-103 Relating to commitment for f'uture inclusion in Southgate Sanitation District Mr. Richard Banta reviewed his request for the inclusion of certain lands on September 6th. He stated that they needed to secure right-of-way through Hagutin et al lands tor service to the Southgate District. The owners would grant a right-of-way if they could connect to the sewer and join the district at a future time. The first extension sewer line has been installed subject to right-or-way condemnation or purchase. The second phase of the construction requires that additional right-of-way be negotiated for and a definite precommitment requested. The City Clerk read the following reconunendation of the Englewood Water and Sewer Board in this regard: "That the Englewood Water and Sewer Board would be favorable to a connnit- ment tor future inclusions into the Southgate sanitation District if representatives or the City or Englewood and Southgate Sanitation Dis- trict can develop and execute a satisfactory agreement between the owners or the subject land and the City or Englewood to provide for access to the Englewood Dam which is also located in Section 29, Township 5 South, Range 67 West, tor maintenance ·-by the City of Engle- wood." Councilaan Brownewell stated that it was not the intention or the City or the water and Sewer Board to cripple the District, but it needed to use any opportunity to work out an agreement for the Englewood ])im maintenance. The City Attorney reported further that the City wants a permanent easement and rights or ingress and egress to the Dam. Mr. Banta pointed out that the owners could sell piecemeal and escape the intent or such a restriction as suggested by the City. (Councilman Miles returned at 9:25 P.M.) COUNCII.HAN BRAUN MOVED, COUNCILMAN McLELLAN SECONDED, THAT THE CITY COUNCIL APPRO~IE THE RECOMMENDATION OF THE WATER AND SEWER BOARD AND THAT THE CITY ATTORNEY RENa.t A'l'l"DIPTS TO ENTER INTO AN AGREEMENT FOR ACCESS TO THE ENGLEWOOD DAM SITE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Hays: None. Absent: None. The Mayor declared the motion carried. 612-lo4 Relating to the inclusion of lands in the South Arapahoe Sanitation District The City Clerk read the following recormnendation or the Englewood Water and Sewer Board in tull: "That the following described land be allowed to annex to the South Arapahoe Sanitation District, by Supplemental Agreement: Leona A. Orr, Owner That ~rt of the Et of the NWi of Section 23, Township 5 South, Range 68 West, formerly platted 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 Page 428 or the records or the Clerk and Recorder of Arapahoe County, Colorado. Note: (This parcel was previously recormnended tor inclusion, by the water and Sewer Board, under date or June 12, 1961, but application was withdrawn, br, the owner, prior to execution of the Supplemental Agreement.)' (Councilman Braun left at 9:50 P.M.) COUNCILMAN BROWNEWELL MOVED, COUNCILMAN WOODS SECONDED, THAT THE RECCI01ENDATIOR OP 'l'llE EtlJLEWOOD WATER AND SEWER BOARD BE ~.CCEPTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. I I I I I Minutes of December 18, 1961 612-105 Report on present and potential water supply and demand The City Manager commented on Mr. Harold H. Babcock's report on present and potential supply and denand for water and its excellence for simplicity and realistic analysis. The Mayor reported that no Western Slope water was included. (Councilnan Braun returned to the Chambers at 9:52 P.M.) COUlfCIIllAM BROIDfEWELL MOVED, COUNCILMAN BRAUN SECONDED, THAT FURTHER EXPANSION OP 'l'llB SOU'l'llBAST EllJLBWOOD WATER DISTRICT BE RESTRICTED AT THIS TIME. Upon the call ot the roll, the vote resulted as follows: Ayea: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Maya: None. Absent: None. The Mayor declared the motion carried. 612-106 Recoamending completion or Bear Creek Filter Plant The City Clerk read the following recommendation of the Englewood Water and Sewer Board in tull: "'!'hat a sedond clarifier or substitute equipment be added to the Bear Creek Filter Plant as soon as possible in order that the final designed capacity may be attained in time for the 1962 swmner peak water demand." The Mayor reported that this expansion of the Bear Creek Filter Plant had been scheduled tor 1963, but is now necessary for completion in 1962. COUNCILMAN BRAUN MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE RECCJ4MENDATION OP THE ENGLEWOOD WATER AND SEWER BOARD BE ACCEPTED AND WITH ALL DUE SPEED AND HASTE THAT CONSTRUCTION BE ENTERED INTO. Upon the call of the roll, the vote resulted as tollowa: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Raya: None. Absent: None. The Mayor declared the motion carried. 612-102 RELATING TO RINGENBERG COTTAGE COURT COUNCILMAN BRAUN MOVED, COUNCILMAN MARTIN SECONDED, THAT THE MOTION BE REMOVED PROM THE TABLE. Upon the call of the roll, t~e vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. Councilman Miles spoke to his motion stating that there are only two alternatives, one to deny, the other to refer to the City Manager and Building Inspector. Dis- cuaaion ensued. Councilman Braun stated that he had checked with Mrs. Keckler, J._ Secretary to the Building Inspector, who told him that there was no legal action pending at this time with regard to the trailer court or the cottages. The question was called for. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Martin, Miles, Woods. Nays: Councilmen Braun, Brownewell, McLellan, Kreiling. Abaen t: None • The Mayor declared the motion defeated. COURCILMAN BROWHEWELL MOVED, COUNCILMAN BRAUN SECONDED, THAT THE RECOMMENDATION OP THE PLANNING AND ZONING CCl4MISSION FOR AN EXTENSION OF TIME BE DENIED. Upon the call ot the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Woods, Kreiling. Nays: Councilmen Martin, Miles. Absent: None. 44 Minutes or December 18, 1961 The Mayor declared the motion carried and sufficient to meet the two-thirds re- quirement tor defeat ot a recommendation ot the Planning Conunission. RECESS The Mayor called a recess or the Council until 10:15 P.M. CALL TO ORDER The Mayor called the Council to order with the following Councilmen present: Councilmen Braun ~ Brownewell, McLellan, Martin, Miles, Woods, Kreiling. The Mayor declared a quorum present. 612-94 RESOLUTION AUTHORIZING CHANGE-OVER OF WATER SERVICE PRIOR TO 1962 PAVING The City Attorney presented a resolution for the consideration or the Council authorizing the change-over of water service connections from inadequate private lines to City 118ins, as requested by the Utilities Department in advance or the 1962 paving program. He stated that this resolution paralleled previously approved resolutions or the Council. Discussion ensued. RESOLUTION WHEREAS, Ordinance No. 15, Series or 1956, or the Ordinances of the City of Englewood, Colorado, was finally passed and approved on July 2, 1956, and is now in tull force and effect; and ~S, said Ordinance prescribes rules and regulations for the operation and maintenance of the Water System or the City of Englewood; and WHEREAS, said Ordinance provides, in part, by Subparagraphs (b), (c), Pare.graph 25, Subsection A of Section 2 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 or said line, or on the City; and WHEREAS, undue hardship will accrue to the City and the owners connected to the present private lines in certain locations because ot 1.nlllinent street paving construction and/or unnecessary and ex- pensive maintenance in said locations if the connections are not made to the City Water lines. NOW, THEREFORE, be it resolved by the City Council of the City ot Englewood, Colorado, this 18th day of December, A.D. 1961, that all service connections to the present small private water lines in the following locations be changed over to the City mains at once where there is now a City water main in place, and as soon as possible after a City main is constructed, because of imminent street paving construction and/or unnecessary and expensive mainten- ance in said locations, and that charges be made according to the schedule in the current resolutions covering such charges, and that the same be collected by the Water Department or the City; LOCATIONS IN WHICH THERE ARE ADEQUATE CITY MAINS ALONG SIDE INAD~UATE SMALL PRIVATE LINES. On South Logan Street between Yale Avenue and East Dartmouth Avenue. On South Pearl Street between East Cornell Avenue and East Dartmouth Avenue. On South Ogden Street between East Amherst Avenue and East Bates Avenue. On South Cherokee Street between West Hampden Avenue and West Jefferson Avenue. On South Delaware Street between West Jefferson Avenue and West Kenyon Avenue. On South Pennsylvania Street between East Hampden Avenue and East Jerrerson Avenue. On South Grant Street between East Nassau Avenue and East Quincy Avenue. On South Pearl Street between East Nassau Avenue and East Oxford Avenue. On South Delaware Street between West Quincy Avenue and West Stanford Avenue. • I I I -\ I ~' -" . "\ + .. I I Minutes of December 18, 1961 On South Cherokee Street between West Radcliff Avenue and West Stanford Avenue. On South Bannock Street between West Quincy Avenue and West Stan- ford Avenue. On South Acoma Street between West Quincy Avenue and West Stan- ford Avenue. On South Logan Street between F.ast Layton Avenue and East Chenango Avenue. On South Logan Street between F.ast Lehigh Avenue and East Mans- field Avenue. On South Oalapago Street between West Hampden Avenue and West Lehigh Avenue. On Bast Mansfield Avenue between South Broadway Street and South Clarkson Street. On West Lehigh Avenue between South Galapago Street and South Inca Street. LOCATIOMS IN WHICH AD~UATE CITY MAINS ARE TO BB CON- STRUCTED PRIOR TO CHANGE-OVER OF SERVICES On South Acoma Street between West Yale Avenue and West Amherst Avenue. On South Lincoln Street between East Cornell Avenue and East Dartmouth Avenue. On East Bates Parkway between South Ogden Street and South Downing Street. On South Pox Street between West Hampden Avenue and a .,oint 107 feet south or West Ithaca Avenue. On South Elat1 Street between West Hampden Avenue and a point 81 feet south of West Ithaca Avenue. On West Ithaca Avenue between South Fox Street and South Elati Street. On South Delaware Street between West Hampden Avenue and West Ithaca Avenue. On South Washington Street between F.ast Hampden Avenue and the City Ditch. On West Oxford Avenue between South Elati Street and South Fox Street. Passed and adopted by the City Council of the City of Englewood, Colorado, this 18th day of December A.D. 1961. ATTEST: • r 21, 1961, in the Englewood Herald and Enterprise. • COONCILMAN MARTIN MOVED, COUNCIU4AN BROWHEWELL SECONDED, THAT THE RESOLUTION BE PASSED AND ADOPTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. Minutes ot December 18, 1961 612-1o4 SUPPLBMENT TO AGREEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT ANNEXING LEONA ORR LANDS The City Attorney presented Supplement No. 8 to Connector's Agreement between the South Arapahoe S&nitation District and the City or Englewood for the inclusion or the lands owned by Leona Orr. COONCIUUM WOODS MOVED, COUNCIIMAN MARTIN SECONDED, THAT THE MAYOR AND CITY CLERIC BE AUTHORIZED TO SIGN THE CONNECTOR'S AGRED1ENT ON BEHALF OP THE CITY OF ENGLEWOOD. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. 612-63 RELATING TO COLLECTION OP E?«JLEWOOD SALES TAX BY METROPOLITAN DISTRICT The City Attorney read a resolution delegating certain authority to the Pour-County Metropolitan Capital Improvement District so that District might collect the City or Englewood sales tax and setting aside certain portions or the City ot Englewood Ordinance so that it would conform and be compatible to the capital Improvement District regulations. He stated that this resolution was be1ng ~auba1tted as it was impossible for the City Council to pass an ordinance to amend Ordinance No. 32, Series or 1961, which established the Englewood City Sales and Use Tax prior to January 1, 1962. He reconunended adoption of the following resolution: RESOLUTION WHEREAS, Ordinance No. 32, Series of 1961, of the Ordinances of the City of Englewood, Colorado, provides for the levy of a City Retail Sales and Use Tax within said City of Englewood, Colorado; and, and, WHEREAS, Section 60 thereof provides as follows: "section 60. CONTRACT WITH OTHER GOVERNMENTAL ER'l'ITIES.--Ttle City may contract with the State or Colorado, the Pour-County Metropolitan Capital Improvement District, or any city, town, county, city or county, or other governmental entity, tor the collection or the tax herein provided for, or the performance of such service or services pursuant to this tax as it may deem necessary." WHEREAS, the Pour-County Metropolitan Capital Improvement Dis- trict, by letter dated December 11, 1961, has agreed to administer, process, and collect the City or Englewood sales and Use Tax in connection with the collection or the Metropolitan Capital Improve- .. nt District Sales Tax on a coat basis, providing the ordinance of the City of Englewood levying auch sales and Use Tax is modified to contorm to the Tax Resolution adopted by the Four-County Metropolitan C&pital Improvement District; and, WHEREAS, the Pour-County Metropolitan Capital Improvement Dis- trict adopted Tax Resolution No. 1, Series or 1961, on December 5, 1961, at 11:30 P.M.; and, WHEREAS, the said Tax Resolution differs in some respects from Ordinance No. 32, Series of 1961, of the Ordinances of the City of Englewood; and, WHERF.AS, the City Council or said City is desirous or having the Pour-County Metropolitan Capital Improvement District collect the Englewood Sales and Use Tax on a trial basis, and time does net permit amendment or the said ordinance prior to the eftective date thereot. NOW, THEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OP ENOLBWOOD, COLORADO: Ttlat the Pour-County Metropolitan capital Improvement District, pursuant to the provisions of Section 60 of Ordinance ,No ~ 32, Series of 1961, of the Ordinances of the City of Fllglewood, Colorado, be and hereby is authorized to collect the Fllglewood Retail Sales and Use Tax beginning January 1, 1962, pur- suant to the atoreaaid Tax Resolution and Ordinance. l'I I I ,I I I Minutes ot December 18, 1961 BE IT FURTHER RESOLVED that Sections 13-1 (1) through 13-1 (3) and Sections 20-1 (1) through 20-1 (3) ot Ordinance No. 32, Series ot 1961, ot the Ordinances or the City ot Englewood, Colorado, providing the methods tor determining the amounts to be collected tor the Sales and Use Tax ot the City ot Englewood are hereby suspended for such period as such sales and use tax may be collected by the Pour-County Metro- politan capital Improvement District for the City of Englewood and the method proY1ded tor the collection thereof in Sections 6 and 33 ot Tax Resolution No. 1, Series of 1961, of the Four-County Metropolitan capital Improvement District, are hereby substituted therefor during the period or collection of said Sales and Use Tax for the City of Englewood by the Pour-County Metropolitan capital Improvement District. BE IT FURTHER RESOLVED that the provisions of Ordinance No. 32, Series ot 1961, or the Ordinances of the City of Englewood, delegating powers and authority to the City Treasurer for the collection and en- forcement or said ordinance, are hereby delegated to the Executive Director ot the Pour-County Metropolitan capital Improvement District in ao tar as said provisions may be necessary for the collection ot said Sales and Use Tax for the City of Englewood by said District; pro- vided that said powers and authority shal1 be concurrent with the powers and au~hority of the City Treasurer or the City ot Fnglewood. BE IT FURTHER RESOLVED that in the event or conflict between Ordi- nance No. 32, Series of 1961, of the Ordinances or the City or Englewood, and Tax Resolution No. 1, Series of 1961, of the Pour-County Metropolitan capital Improvement District in the method of collection ot the Sales and Uae Tax, the provisions of the said Tax Resolution No. 1 ah&ll govern, except as to the obtaining or refunds thereunder, provided that the City ot Englewood retains any and all authority set forth 1n Ordinance No. 32, Series or 1961, tor the enforcement or the collection or aaid Sales and Use Tax. BB IT FURTHER RESOLVED that this agreement with ~he Pour-County Metropolitan C&pital Improvement District for the cr,lleotion or the Salee and Use Tax or the City or Englewood may be ~erminated by either party upon not leas than 30 days' written notic~ to the other party. •a.. bottom of page for •ignatur••· COUNCILMAN BRAUN MOVED, COUNCILMAN WOODS SECONDED, THAT THE RESOLUTION BE PASSED AND ADOPTED. Upon the call or the roll, the vote resulted aa follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. CITY ATTORNEY'S CHOICE Relatina to Council sessions on January 2nd and thereafter 'ftle City Attorney read from the City Charter the provision that the newly- e l ected Council would take office on the first Monday after the January 1, 1962, at 8:00 P.M. He stated that accordingly the present City Council would meet on January 2nd in a regular session. He suggested that the present City Council meet a t 7:45 P.M. on Monday, January 8th, to adjourn sine die and that the Councilmen elect and carry-over members ot the Council meet at 8:00 P.M. to choose its Mayor and organize the coming year. Discussion ensued. He stated that this meeting on January 8th would be a called special meeting by all regularly-elected Councilmen. Discussion ensued. Relating to sidewalk encroaching on City property The City Attorney reported that he had secured an agreement with Ovirtz dba Englewood Properties Company, owner or the office building south or the City-owned land racing on South Bannock south or Little Dry Creek, known aa Lot 9~ Flood's Addition, Fnglewood, Colorado. There was a sidewalk constructed on the City property to the north or the building. The City Attorney reported that this agree- nt waa 1n the rorm or an easement aa used previously by the City for encroaching sidewalks or wall• on City-owned land. He recomnended that it be approved. COUNCILMAN BROWDVELL MOVED, COONCILMAN MlLE!: aECONDED, THAT THE MAYOR AND CITY CLERIC BB AU'l'HORIZED TO SIGN THB AOREDllNT ON BEHALF OP THE CITY OP EROLEWOOD. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. 'ftle Mayor declared the motion carried • .,-Adopted and approved thi• 18th day of December, 1961 A.D •• a11aT1 Minutes or December 18, 1961 The City Attorney reported that he was continuing to endeavor to contact the owners or the property immediately north or the City-owned land in the same vicinity to secure a similar agreement from them. The City Manager reported that this City-owned land along Little Dry Creek would be used for additional City employee parking. 612-10 TREASURER'S REPORT FOR NOVBttBER, 1961 The City Treasurer conanented on the cash and budget reports for the month ending November 30, 1961. COUHCIIMAN BRAUN MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE TREASURER'S REPORT FOR THE MONTH OP NO~ER BE RECEIVED AND PLACED ON FILE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. RELEASE OF CITY MANAGER'S SURETY BOND The City Manager reported that he had received a release of surety bond rrom Mr. Don Weist, lnsuror, on behalf or the United States Casualty Company and Mr. Weist was going to provide bond with the Western Surety Company at a slight decrease in premium. He stated that release form required signatures or those other than himself. COUNCIIMAN WOODS MOVED, COUNCILMAN MARTIN SECONDED, THAT THE MAYOR AND CITY CLERIC BE AUTHORIZED TO SIGN THE RELEASE OF THE PUBLIC OFFICIAL BOND ON LESLIE R. RUDD WITH UNITED STATES CASUALTY COMPANY EFFECTIVE JANUARY 9, 1962. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. 612-107 EXTENSION OF AGREDtENT FOR REMOVAL OF BORROW EARTH The Mayor reported that an agreement was signed in May ettective until January 1, 1962, tor the purpose of removing earth borrow trom City-owned land under lease to the Martin Company. He stated that the actual removal or this earth had not started, but that it would shortly and he requested that the City consider a year's extension of this lease. COUNCIUUN BRAUN MOVED, COONCIUlAN MARTIN SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SION AN EXTENSION ON BEHALF OF THE CITY OP EHOLEWOOD SUB- JECT TO THE CONCURRENCE OF THE MARTIN COMPANY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, ,Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. 612-lo8 ENGINEER'S ESTIMATES OF COST OF ENGLEWOOD UNLIMITED PROPOSAL The City Manager discussed the figures for the various street improvements aa anticipated by the Englewood Unlimited. He stated that representatives or Englewood Unlimited had received the same estimates prepared by the City Bng1neer on December 15th. Councilmen McLellan discussed the possibility of access tro11 Highway 70 to South Broadway by covering Little Dry Creek from the vicinity or South Sheman or South Lincoln ttorthwesterly to Broadway at appreximately Hampden Avenue. Discussion ensued. 612-109 Tabulation of bids on Fire Hose The City Manager read the following recormnendation trom R. George Woods, Chier, Englewood Pire 4Department, reconanending the purchase ot the American La Prance Pire Peotection Company fire hose tor a total purchase price or $1,88o.oo. I ::.t I I ·x I I I I Mr. L. R. Rudd City Manager City Hall Dear Mr. Rudd: Minutes of December 18, 1961 "December 18, 1961 On December 18, 1961, at 2:30 P.M. hose bids were opened and the following firms presented their bids: 1. WESTERN PIRE DEPARTMENT SUPPLY COMPANY. Eureka possible. 2t" 8 tl.65 per root $1,970.00 1 " <I 1.30 per root 2. AMERICAN La.PRANCE PIRE PROTECTION COMPANY. Goodyear brand (Fold-well hose) 2t" 8 $1.60 per foot $1,880.00 1 " 8 $1.20 per foot 3. Blaze guard Blazeron -10 year warranty. ROE FIRE AND SAFETY EQUIPMENT COMPANY. 2!" 8 $1.24 per foot $1,452.00 lt" 8 $0.92 per foot Referring to number one (1) which is the highest bidder and whereby he does not mention the trade name we have every right to believe it is Eureka hose which is good hose but this finn has changed hands from time to time and where they make the statement to guarantee this cormnodity their successor does not inherit this. Referring to number three (3) which is the low bid I am told that this is one or the oldest companies or hose making in the United States however, I have never heard the same and the price has such a differential between the lat and 2nd class bidders that I cannot understand it. As you probable know you can buy hose for any price you wish to pay, which doesn't always bring about the answer when put in service, kept in service, and from time to time the replacement of guaranteed hose. The second lowest bid is the same hose that we have been buying tor a number or years and are fully equipped in all stations with this particular brand of hose and it has given us satisfactory service. It would be my judgment that the experimenting with a new brand of hose would be economically unwise. The trouble is that most of these firms or their representatives are in and out of business as one of the bidders at this particular time now has his business for sale. The guarantee of this conmodity and the replacement for danage if any is a great satisfaction not to have to bicker about or to have to try and find somebody or to find some- body out of business. The second highest bid, which is the hose I have preference for is $428.00 over the lowest bidder therefore, for the good of all parties concerned I reconmend, and hope you concur in my opinion, that the second bidder's hose is the one which I want. P.S. I find after the bids have closed that the representative for Blazeguard is authorized to reduce the price .26-per foot tor the purpose or getting some of this hose established in this territory. I also find out that the American La.France bid is 17~ lower than last year's purchase which is also in their favor. RGW:hde" Respectively submitted, /s/ R. George Woods R. George Woods, Chief Fire Department Minutes or December 18, 1961 Councilman McLellan inquired ir an ordinance was not being prepared exempting certain items or purchases from bidding procedures. The City Manager stated that the City Attorney was working on this and the ordinance would be completed shortly. COUNCii.MAN MARTIN MOVED, COUNCILMAN woo~s SECONDED, THAT THE RECOMMENDATION OP THE PIRE CHIEP POR THE PURCHASE OF FIRE HOSE FRCl4 THE AMERICAN LaFRANCE FIRE PROl'ECTION C<»tPANY IN THE AMOONT OF $1,880.00 BE ACCEPTED AND ADOPTED •. Upon the call or the roll, the vote resulted as follows: · Ayes: Councilmen Braun, Brownewell, McLellan, Miles, Martin, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. CITY MANAGER'S CHOICE Relating to Paving or industrial area The City Manager reported that the City Engineer had made a preliminary esti- nate that the paving of the industrial area south and west or Hampden and Jason would be approximately $200,000.00. Councilman McLellan stated that he had spoken with owners of property in the vicinity and they urged the paving and agreed to the proposal. The City Manager emphasized that if the proposal includes industrial area paving, that the services of a consulting engineer would be required to work out the necessary engineering on that phase of the work. Councilman Braun urged that drainage gutter and pans, known as dips be broadened out so that they are more gradual. MAYOR'S CHOICE The Mayor reported that he had been telephoned by Mr. Calvin Orr, representing the Bnglewood Community Council, requesting that the City have ·a representative present at the next meeting to be held during the week of January 8, 1962. Dis- cussion ensued. ADJOURN COUNCii.MAN BRAUN MOVED, COUNCILMAN MARTIN SECONDED, THAT THE MEETING BE AD- JOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kre111ng. Nays: None. Absent: None. The Mayor declared the meeting adjourned at 11:20 P.M. B. O. BEAUSANG ;/1·' •. J I I I