HomeMy WebLinkAbout1960-05-10 (Regular) Meeting MinutesCOUNCIL C HAllBERS
CIT't OF 11'GLIWOOD, COLORADO
llAY 10, 1960
CALL TO ORDER
Tbe llayor called tbe City Council of tbe City of Englewood, Colorado to
order at 8:00 P.M., Tue•daJ, llay 10, 1960, in the Council Cbaabers, City Hall,
Bn1lewood, with the followin1 per•on• present:
Council .. n: Braun, Brownewell, Kreiling, McLellan, Woods, Scott.
Al•o Present: City llana1er Rudd,
City Attorney Bach,
City Clerk Beausang.
Abment: Council11&n llartin.
Tia• llayor declared a quorua present.
601-69 l'URTllBR CONSIDERATION OF 1960 PAVING PROGRAll
Tb• llayor •poke to those present of the City Council's belief in Pi,vln1
and reported on pro1r••• durin1 the past four years toward tbe 1oal of a totally
paved Bn1lewood. lie •tated that there are 107 miles 1QI streets to be paved in
1D1l•wood witb 185 blocks paved. He empabslzed we art;fro• bein1 complete witb
tbe project. lie reviewed tbe various events of the past year relatin1 to the
buds•t revenue needs, pavin1, off-street parking and the sales tax.
He repor~e~ tbat the Public Improvement Fund Bud1et includes a sua of
$141,000.00 fpr pavin1 to be financed by $80,000.00 of aalea tax aoney and
$61,000.00 of Buain••• and Occupational License money. lie reviewed that botb
of tb••• aourcea of revenue are under attack in the court. lie eapbaaized tbat
tbe City Council baa not reached a decision in any form on tbia aatter and that
be permonally bad been iapre••ed with the amount of curb and sutter wbicb bad
been installed privately in anticipation of the paving pro1raa. lie eapbasized
that be was very favorably iapressed by the opinions expressed bJ those pre-
sent at the for .. r .. etin1 favoring an intensified paving pro1raa in Bn1lewood.
lie reported further tbat tbe Council bad learned tbat monies could not be
tran•ferred fro• tbe General Fund to the Public Improvement Fund unless those
aoniea are truly •urplu• unappropriated funds. Tbe llayor tben indicated by
fisure• on tbe blackboard tbat aonies were available in tbe General Fund
fro• 1959 and tbat llODiea were similarly available in tbe General Fund of
1960. lie diacu••ed in detail the monies expected to be available by tbe
City Council for pavin1 in spite of the various suits conte•ting the revenues.
lie asked for questions om coaments from tbe audience stating tbat be
would endeavor to answer any questions.
llr. Robert Downing, Secretary-Manager of the Englewood Cbaaber of Co ... rce,
reported tbat various coaaittees of the Chamber bad met between tbemselves and
witb otber citizens on tbis particular problem. He stated tbat tbe consenaua
of opinion waa tbat pavin1 waa tbe most pressing problem of tbe City of Inglewood
even tbou1b Capital Iaproveaents are necessary and may need to be deferred tea-
porarily. lie •tated that tbe Board of Directors bad aet witb .. abers of ttaeae
various collllltteea and tbat tbe joint group bad adopted tbe followin1 reco ... nda-
tion to tbe Council:
"We reque•t tbe City Council to impliaent the entire pavin1
pro1raa as adopted in tbe 1960 Capital Iaprove .. nts Buc:llet, includin1
tbe i ... diate coapletion of all engineerin1 neceaaary for tbe entire
pro1raa, becau•e it is tbe bel•ive of the group tbat tbe exiatin1
llODeJ available and tbe anticipated inco11e will provide adequate
fuada capable of coapleting tbe entire prograa, and it ia further
tbe fir• conviction of tbe group tbat these monies are bein1 col-
lected under a valid law and that if the fears of the City Council
are not well founded (iapoundment of the money or an injunction
to cease collection of tbe sales tax during tbe June 23 court caae)
tbey abould 1 ... diately proceed witb lettin1 tbe contracts to do
all tbe pavin1 planned for 1960."
llr. Downin1 tben eapbaaized tbat be believed that the City bad aoney avail-
able and tbat tbe aalea tax was bein1 collected under a valid law. Be ur1ed
tbat tbe entire 1960 pavin1 pro1ra• be undertaken.
Tbe llayor tbanked llr. Downin1 for bis report of tbe actions of tbe Cbaaber
of eo ... rce and asked if tber• were anyone else present wbo wiabed to •P9&k at
tbia tl-.
llr. Jobn Kl.eewein, 905 We•t Stanford Avenue, spoke to tbe Council witb re-
sard to a provision of tbe Charter wbicb provided for an unforeaeen eaer1ency
and tbat transfer• and ... r1ency financin1 provi•ions were available under tbat
••ction of tbe Charter. lie expr•••ed the opinion that tbi• waa an e .. rgency.
Minut .. of llaJ 10, 1960
llr8. Lawrence Xin1, 5000 South Inca Drive, expre•••d tbe tbou1bt tbat if
tbere were inadeqqate aonie• for tbe pavin1 pro1raa, it abould bave been dropped
previou•lJ wben it first beca .. apparent. Sbe felt tbat ll&DJ property owners
bad been ••riou•lJ inconvenienced and would be more ••riou•lJ inconvenienced,
if tbe pro1raa were not undertaken at tbia tiae.
Tbe CitJ AttorneJ reviewed tbe provision• of tbe Charter expr•••in1 tbe
opinion tbat tbe e .. r1enc1 provision• did not overcoae tbe wordin1 of anotber
•ection wbicb required tbat tbe General Fund •u~,lum not be previou•ly appro-
priated and tbat tbe fuad8 be tsulJ unbud1eted before tb•J were available for
tran•fer.
Tbe que•tion wu uked about tbe $50,000.00 carr,-over of tbe General Fund
froa 1911. Tbe CitJ 11aDa1er replied tbat tbia aaount wa• approxiaatelJ
tll,000.00, t20,000.00 of wbicb wu bud1eted in tbe General l'Uad buqet for
1980. Tbe reaainin1 $35,000.00 wa• an unappropriated •urplu•, but tbat •lace
Jaauarr 1, 1960, approxiaately tl3,000.00 bad been appropriated bJ tbe Council
leavin1 approxi11&tel1 $22,000.00 unappropriated a• of tbia date.
Mr. Puetz, 1100 &&at Girard Avenue, eapbuized tbat in 1919 50 bloctlm
were paved without a •ale• tax; now tbe CitJ ba• a •ale• tax, but not eaou1b
moae1. Tbe 11&1or replied tbat eacb pavin1 pro1raa vari•• witb tbe aaouat of
CitJ participation required. Tbe City llana1er reaarked tbat tbe City'• co•t•
in pavin1 u•••• .. nt• u a property ow•er was in exce•• of t&0,000.00.
Tbe lla7or reported on tbe Hi1bway User• Tax diatribution to tbe citie•
tbrousbout tbe atate ~and u to tbe uae of tbeae moni•• by tbe City of Bn1lewood
u a revenue for tbe General l'Und. lie eapbuized tbat tbe Street Depart•nt
budset for tbe CitJ of Bnslewood far exceeded tbe receipt• fro• tbe B11lnra1
Uaerm Tax aad required •upple .. at fro• property taxes to ... t tbe Street
Depart .. at appropriation•.
Mr. a. w. Bal lber1, 4720 Soutb Logan Street; Mr. D. P. lliller, 4730 Soutb
Losan Street; Mr. Ben P. lloeller, 431 Bast Girard Avenue; all •poke favorin1
tbe •tr .. t pavin1 pro1raa and expressed tbe opinion tbat tbe CitJ could find
tbe llODeY for tbe project.
Mr. Barry Pl .. nor, 3383 Soutb Corona Street, apoke in detail a• to tbe
lesal point• involved in tbe aalea tax suit a• be read tbea fro• tbe docu .. ata
at tbe court. lie •u .... rized by suggesting tbat tbe CitJ Council IO into court
on June 23rd and announce tbat tbe City was goiDI to call tbe election and
tberebJ re110ve tbe que•tion of tbe impoundment of tbe aonie• iD tbe •econd
caae.
Tbe City Attorae1 noted tbat even if tbe people vote on t~e •ales tax as
a •ource of revenue for tbe City of Englewood, it a&J still be attaclledkas
uncon•titutional bJ tbe aa .. 1roup or another group in that re1ard.
Tbe llaJor eapbaaized tbat tbis all was a aa~ter of tbe Council atteapting
to •econd su••• tbe court. lie atated tbat in spite of all tbe efforts and su••••• u to wbat will happen, tbe court may decide on June 23rd a1ainst tbe
CitJ of Bnslewood. Tbe conatitutionality case 11&J be brou1bt to trial at &DJ
tiae or another auit 11&J be entered at any ti .. requestin1 and requirin1 tbe
return of tbe •ale• tax receipts. Tbis elaborate coabination of events wbicb
tbe CitJ Caancil i• atteaptin1 to reconcile and act in tbe beat interests of
tbe CitJ.
Mr. Cbalaerae Parker stated tbat be would not like to •ee the City encu•-
ber it•elf without monie• fortbcoain1. He ur1ed tbat whatever aoniea are
available at tbe laat date on which the pavin1 district a&J be or1anized and
tbo•e110ni .. uaed to .. et pavin1 .. re the greatest bard8hip was encountered
u deterained bJ •tudy of the City Engineer.
RECESS
Tbe lla7or called a recess of the City Council unti! ~0:3u P.M.
CALL TO ORDER
Tbe 11&1or called tbe Council to order at 10:30 P.M. with the followin1
peraon• preaent:
Councilaen: Braun, Brownewell, Kreiling, llcLellan, Wood8, Scott.
Abment: Councilaan llartin.
Tbe 11&1or declared a quoru• present.
Tbe llayor aaked tbat tbe Council now discuss tbe problem in an attempt
to reacb a deciaion. Councilaan Braun expressed in great detail wbere monies
could be •aved and aade available at the end of 1960 fiscal Jear fro• tbe
General l'Und to tbe Public lwproveaent Fund as required to .. et &DJ deficiency
in tbat fund. Tbe CitJ llana1er diacuaaed the status of the buqet and eati-
11&ted tbat approxi11&belJ $35,000.00 could be saved, but that the fund would be
abort tl0,000.00 to tl5,000.00 in revenue receipts, 11&kin1 a net difference
of approxi11&tel1 t20,000.00. lie stated that at least tbis au• of mone1 is
nec .. •arr to aeet tbe noraal expenditures of January and PebruarJ when tax
receipta are ver1 low, but payrolls aust be met.
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Minutes of llay 10, 1960
Council ... a llcLellan expressed the opinion that the City should take
Bu•iae•• aad Occupational Tax monies and sales tax monies to date leas a
re .. oaabl• balance for other Capital Improvements pro1ra .. aad spend it
wbere a .. ded mo•t ia the street program. He expressed the opinion that
•bould refuad9 be called for, they could be met from the General Fund. Be
expr••••d the opinion that as the budget was carefully considered and app-
roved bJ tbe Council and the State Tax Commission that it should not be
tbrowa out arbitrarily. He favored the use of monies by each department
.. aec .. •ary for it• operation, but urged curtailments where they could be
.. de without effectin1 operations of the City. Councilman Brownewell
aareed with Couacil .. n McLellan. Councilman Kreiling express the view-
point that tbe entire project could be done.
(Couacil ... n llartin enteied and took bis seat on the Council at
11:10 P.M.)
Tb• Mayor au ... riaed the discussion by stating that if the sale• tax
i• denied, tbe General Fund would not be in a position to make a transfer
to tbe Public l•prove11ent Fund as it will be adversely effected by tbia
cleciaioa al•o. lie au11eated that under the present conditions that the City
proc .. d to aecure bida on the total project in the following fora:
(l) Bid9 oa the residential streets only;
(2) Bid9 on the co ... rcial streets only;
(3) A collbiaatioa of all.
lie expr .. ••d tbe bope that tbia would allow for the deter•iaation of the
receipt• aad li•tia1 of particular projects for completion as moaiea were
definitely aYailabl• at the ti11e for initiation of the district. Di•cu•sion
•D•uecl. Couacilll&D llcLellaa asreed in principle, but eapbaaized that the
Council bad prolli••d the businessmen that the Business and Occupational Tax
would be ued for pavia1 ia the commercial areas. He stated that even tbou1b
•Olle buain .. • .. n were a1reeable to the uae of the Busineaa and Occupational
Tax re•enue• for r••idential paving that this of:lr abould be accepted only upon
aa ... r .. ncy condition where the residential paving could not be compl**-d
under &DJ otber provision.
COU.::ILllAR BIAUM llOVBD, COUMCILllAN llCLBLLAN SBCONDBD, THAT THI CITY
COUll:IL Paoc&m> WITH TBB TillB TABLB AS SBT FORTH FOR COMPLBTIOK OP TBB TOTAL
PaoGIAll, BUT THAT BIDS BB DIVIDED INTO TllllBB PARTS, THAT POB USIDmfrIAL
ITaDTI, THAT Paa COIDIBICIAL STRUTS, AND A TOTAL COllBIDD BID AD THAT TBB
BODI UQUIUD FOB FIIAll:ING THIS DISTRICT BB PBOVIDID FOR ACCORDI1'GLY WITH
P~S lmilfG GIVBN TO RBSIDBKTIAL PAVING AS NBCBSSARY. Diacuaaion eaaued
witb reaard to tbe practicability of requesting the contractor to bid each
•tr .. t. The City llaaa1er urged that unit coats be established and that pav-
ina for individual streets not be requested as it would undoubtedly increase
tbe co•t• of the district.
Couacil ... a llartin spoke of bis agreement with the general tone of the
motion aad bi• definite preference for residential iaprovement and contin-
ulna City participation on the same basis as presently in force in tbi• pro-
poaed pavia1 district. Upon the call of the roll, the vote resulted as
follo .. :
Aye•: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun,
Scott.
May•: Kone.
Abeeat: Mone.
Tbe Mayor declared the motion carried.
Tbe llayor thanked the citizens for their time in appearing before the
Council which always atte•pts to serve the co .. unity as beat as possible.
lie atated that tbe presence of the citizens and their viewpoints are very
valuable to tbe Council.
llr. Dowain1 expressed the opinion that the entire district can be paved
aad once asain offered the cooperation of the Chamber and it• collllittees ahould
that aid be recp ested.
ADJOURN
cou.:ILllAlf BRAUN llOVBD, COUNCILMAN MARTIN SBCONDBD, THAT TBB •BTilfG BB
AD.JOUmt&D. Upon the call of the roll, the vote resulted aa follows:
AJ••: Couacil11en Woods, McLellan, llartin, Kreiling, Brownewell, a.nu,
Scott.
Raya: Jlone.
Minute• of llay 10, 1960
A been t : None .
Tbe Ma1or declared tbe meeting adjourned at 11:30 P.M.
/s/ B. o. Beausang
City Clerk, Clerk of tbe Council
Tbe ainutea of tbe .. eting of tbe City Council of tbe City of Englewood,
Colorado, beld on tbe lOtb day of llay, 1960 A.D. stand approved as corrected
tbi• 6tb daJ of June, 1960 A.D.
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