HomeMy WebLinkAbout1962-12-17 (Regular) Meeting MinutesI
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MINUTES OF DECF.MBER 17, 1962
REGULAR MEETING:
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
DECEMBER 17, 1962
The Ci~y Council of the City of Englewood, Arapahoe County, Colorado,
met in regular session, on Monday, December 17, 1962, in the Council
Chambers, City Hall, Englewood at the hour of 8:00 8.M.
Mayor Brownewell presiding called the meeting to order and the
invocation was given by the Reverend Allen B. Strong of the First United
Presbyterian Church.
The Mayor asked for roll call. Upon the call of the roll, the following
persons were present:
Councilmen: Love, Miles, Parker, Smukler, Woods, Brownewell.
Also Present: City Manager Dial,
City Attorney Esch,
City Clerk Beausang.
Absent: Councilman Braun.
The Mayor declared a quorum present.
622-2 CONSIDERATION OF MINUTES OF PREVIOUS MEETINGS
COUNCILMAN MILES MOVED, COUNCII.MAN WOODS SECONDED, THAT THE COUNCIL
MINUTES u~ D~CEMBER 3, 1962, BE APPROVED AS WRITTEN. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Love, Miles, Parker, Smukler, Woods, Brownewell.
Nays: None.
Absent: Councilman Braun.
The Mayor declared the ·motion carried.
622-87 PUBLIC HEARING ON REZON~RG OF BBLLE ISLE GARDENS
CvUNCILMAN LOVE MOVED, COUNCIIMAN MILBS SECONDED, THAT THE PUBLIC
HEARING ON THE PROPOSED REZONING OF LOTS 3, 4, 5, 6, and 7 BELLE ISLE
GARDENS THIRD FILING FROM R-1-D RESIDENCE DISTRICT TO M-1 •INDUSTRIAL
DISTRICT ZONING BE OPENED. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Love, Miles, Parker, Smukler, Woods, Brownewell.
Nays: None.
Absent: Councilman Braun.
The Mayor declared the motion carried.
The Mayor reviewed the Council procedure for conducting of a public
hearing. He stated that although no time limit would be enforced that those
who wished to speak should be brief in their comments.
Mr. Robert G. Cummings, petitioner for the rezoning, spoke on its
behalf. He outlined the area under consideration as being bounded by the
Englewood Reservoir on the south, the railroad tracks on the west. West
Thomas Avenue on the north, and the narrow finger of county land which is
outside of the City on the east. He stated that he had plans for a warehouse
to be erected in the area and other light manufacturing.
The Mayor asked for those who were opposed to speak.
Mr. William R. Manning, 1540 West Tufts Avenue, stated that he and two
of his neighbors from the same area were present to object to the proposed
zoning. He stated that they have nice home• which '#Ould be depreciated by
the change in zoning. He stated that other neighbo~• from the area planned
on being present but that conflicts of other meetinqa had made it impossible
for them to attend.
Mr. Kendall R. Stohn, 1530 West Tuft• Avenue and Mr. William R. Eldredge,
1450 West Tufts Avenue, indicated their oppoaition to the rezoning.
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Minutes of December 17, 1962
(Councilman Braun entered and took hi• seat on the Council at 8:15
P.M.)
Mr. CUmmings spoke in rebuttal to th• extent that those who are
objecting to the rezoning lived outside the City of Englewood. He stated
that he had attempted to secure financing for other improvements on the
land concerned but had been unsuccessful and that this was the best use
for that land.
COUNCILMAN SMUKLBR MOVBD, COUNCILMAN WOODS SBCONDBD, THAT THE PUBLIC
HEARING BE CLOSBD. Upon the ~all of the roll, the vote resulted as
follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
622-91 PUBLIC HEARING ON ISSUANCE OF 3.2 BBBR LICENSE
COUNCILMAN LOVE MOVED, COUNCILMAN PARKER SBCONDBD, THAT THE PUBLlC
HEARING ON THE APPLICATION FOR RETAIL FERMBNTBD MALT BEVERAGE LICENSE
(FOR SALB OF 3 • 2% BEER ONLY) BY THE SOUTHLAND CORPOR '~ATION OF TEXAS
(TRANSACTING BUSINESS IN COLORADO UNDER THB NAMB OF TEXAS SOUTHLAND
CORPORATION) OPERATING A STORE BEARING THE TRADE NAME OF 7-ELEVEN, 3601
SOUTH SHERMAN STREET, ENGLEWOOD, BE OPENED. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The llayor declared the motion carried.
Mr. Edward M. Hepennstall, representing the Southland Corporation
of Texas, entered as exhibit one, the application for Retail Fermented
Malt Beverage License, filed with the City Clerk at 11:58 A.M., November
19, 1962. He asked Mr. Henry Bridges, area manager for Texas Southland
Corporation, living at 2003 South Corona Street, Denver, to identify the
application and present its qualifications as the area manager. He
stated that it-was common procedure for the 7-Eleven stores to have 3.2
beer license and a great majority of the stores had the same. To his
knowledge no major violation had occurred at any of the stores operated
by the company in Texas.
Mr. Hepennstall introduced as exhibit two consisting of letters of
reference on behalf of the officers of the Southland Corporation. Mr.
Bridges summarized his testimony by expressing the need and desire of
the inhabitants of the neighborhood to have the 3.2 beer license granted.
He stated that petitions circulated in a 6 block area by the store
employees on off hours evidenced this need. He read the text of .the
petition circulated by the employees throughout the neighborhood as
follows:
PETITION
The undersigned, being at least 21 years of age, are inhabitants of
the neighborhood surrounding the 7-Eleven Store located at 3601 South
Sherman Street, Englewood, Colorado. We understand that 7-Eleven has
applied for a license to sell 3.2% beer at said store by the package and
not for consumption on the premises. We have no objections to the granting
of 7-Eleven's application, and we sigri,his petition supporting the appli-
cation voluntarily after reading i t clrefully.
The petitions were filed with the City Clerk as exhibit three.
Mr. Bridges stated that the petitions bore 694 signatures which he
estimated to be approximately 80 per cent of the residents of the area.
Se stated that a ?~roximately five per cent c ·~ntacted refused to sign
petiti ons although man y had no ob j ection.
Exhibit number four was introduced as a petition bearing the same text
as exhibit three. This petition was circulated by Mr. Bridges among the
business h ouses and stores in the immediate location and 15 signatures were
secured f rom owners of those businesses. Mr. Bridges stated that he con-
tacted 17 business men and only two refused.
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Minutes of December 17, 1962
A map of the area was introduced as exhibit five. This map showed
as a red dot the location of the 7-Eleven Store for which the 3.2 beer
license was sought as well as the nearest 3.2 beer outlet in Englewood to
that store. This was the outlet at the Englewood Lanes BQWling Alley in
the 4100 block South Broadway. It was restated that the Company policy
will not allow consumption of the beer on the premises. It was empha-
sized that 3.2 beer sold at the bowling alley would not adequately serve '
the needs of the neighborhood.
Mr. Hepennstall introduced applicant's exhibit six in the form of
three letters of reference on behalf of Mr. Henry Bridges who would be
respons i ble for the operation of the store in conformance with state and
local laws d~aling with the sale of 3.2 beer.
Mr. Adrian Evans of 4821 South Havana, Manager of the 7-Eleven Store
at 3601 South Sherman, Was introduced. Mr. Evans stated that he had direct
superv i s i on of the store and its operation and would obey all laws relating
t o the sale of 3.2 beer.
Mr. Hepennstall asked Mr. Evans to identify three petitions which
were signed by customers of the store in the store. Mr. Evans identified
the petitions and read the text of the petition as follows:
PETITION
The unders i gned, be i ng at least 21 years of age, are patrons or
customers o f the 7-Eleven Store located at 3601 South Sherman Street,
Englewood, Colorado. We understand that 7-Eleven has applied for their
license to sell 3.2 beer at that store, by the package and not for con-
sumption o n the premises. We have no objections to the granting of 7-
Eleven's applicat i on, and we desi r e that the application be granted. We
bel i eve t h at the nei g hbo rhood is not now adequately served by existing
outlets f or 3.2 beer and t he reasonable requirements of the neighborhood
favor the issuance of t h e license, and therefore voluntarily sign this
pe t i t i o n af t er read i ng it carefully.
The petition bor 1 9 5 signatures. He verified that the best of his
belief each o f the s i gnatures were g enuine. He stated that only two
cus tomers h ad expres s ed any o bject i on. He ;estified further that the needs
o f t he n e i g h borh ood a r e no t be ing served ai;at least 20 customers a week
h ave reques t ed b eer.
Mr . Hepenns t all i n t r o duced exh i b i t eight, the cardboard notice which
was inser t ed in the f r o nt glass door on December 6th and not removed from
that p o s i tio n unt i l thi s date. In addition he entered exhibit nine, a
publishers a f fidav it of legal notice stating that the public hearing on the
app l icat io n f or 3.2 beer wo uld be held December 17th an~ was published on
December 6th and 13 th i ssues of t h e Englewood Herald. Mr. Hepennstall
e mphasized t h at both Mr. Bridges and Mr. Evans, as well as other employees
of 7 -Eleven were f ully acqua i n t ed wi t h t h e requiremen t s for selling of 3.2
beer and wo uld c om p l y w i th all t h o se ~equirements as well as prohibit any
c o n s ~m pt io n o n the premi ses of beer .
Mr. He p ennsta l l i ntr o duced Mr. William Desmarais, 3260 South Pearl
Stree t , Manager of th e Tucke r Building f or the last four y ears, as well as
a reside n t o f t h e area. Mr. Desmarais stated that he personally desired
th e g r anting of t he Q; plicat i o n and expressed the v i ewpoint that granting
t ne l i cen se would be of bene f i t to those residents south o f Highway No. 70
wh o co u ld be e n dan g ered b y g o ing t o the north side of Highway No. 70 to
purch ase beer and oth er l i quo r.
Mr. Hepenns t a l l inquired as to t he status of the 3.2 beer ordinance
o f t h e City o f Englewo od. The City Attorney stated .that for all intents
a n d pur p o ses the pr0 visions of t h is ordinance of known affect.
The Ma y or asked i f there waa anyo ne present in opposition to the
gran t ing o f th is l i cense.
Mr. M. M. Summers, 3140 South Delaware, indicated that he wished to
speak a g a i n s t th e granting of t h e license. He introduced a .protest
pe t i tio n entered as exhibit A bearing 171 signatures with the following
t ex t : •
Petition
TO THE ENGLEWOOD CITY COUNCIL
The under s i g n ed ci t izens o f the City of Englewood, County of Arapahoe,
State o f Colorado, and residen l s of the vicinity of 3601 South Sherman
pet ition y ou and each of y ou to refuse a license to the Southland
Corporation of Texas dba 7-Eleven to sell 3.2 beer at the above named
address. The City is well suppl i ed with beer outlets, one located almost
directly across the s t reet. Liquo r and liquor products should be k e pt out
Minutes of December 17, 1962
of food stores. This location is only one block from the Flood Junior
High Sch ool and would be a danger to the students of this school. We
feel the g ranting of this license and the establishing of beer sales
would injure the health and safety of the citizens of this community.
He reminded the Council that the request to sell 3.2 beer is not
the same as soda pop. He also mentioned the denial of a license re-
quested by National Tea Company also a large corporation with many
stores throughout the country which denial was upheld by the Colorado
Supreme Court.
He ca l led the Council's attention to the fact that the store is
located within one ·block of the Junior High School and three blocks of
the Senior Hi gh School and will be open for 16 hours per day. He
emphasized this granted the young folks of the area plenty of time to
secure the 3.2 beer.
Mr. Summers questioned the needs of the neighborhood stating that
the residents had not initiated the ac~ion that to his knowledge none
of the Councilmen had been called requesting that the outlet,_be granted
and that to his knowledge no parents had called requesting that beer be
placed in a store with such convenience to the Junior and Senior High
Schools. He stated that the purpose of the request was for a monetary
gain only. He emphasized that the City's ordinance restricting the sale
of beer by the package only had been set aside by the Colorado Supreme
Court as an unlawful exercise of authority, therefore, the Southland
Corporation could sell for c o nsumption on the premises and the City
would have no control over said sale. He discussed the fact that 3.2
beer outlets were granted license under another sec~ion of the State
Law but that the difference between 3.2 beer and so called 6% beer was
in real i ty only four tenths of one percent or that the alcohol content
by weight was 3.7 per cent for 11 6 per cent" beer. The four tenths per
cent higher alcoholic content beer was for sale across the Highway from
the location requested for 3.2 beer license.
Mr. Summers indicated his abhorrence of the approach by applicants
for beer and liquor licenses which intimates that the local license
authority has no discreation in the matter. He read from Article II of
the Liquor Code of Colorado which set forth that these powers which the
local authority exercised over liquor licenses. He commented that nar-
cotics and other such drugs were under very clear and definite police
requlations and sale is restricted to certain hours with specific
authority. Penalties for violation of 3.2 beer act involve fines and
convict i on. He inquired if any other food substance had such restric-
tions on its sale and urged that the Council deny the application.
He spoke as to the hazard of breaking down the morals of 'store
customers by having it available with foods and in front of children and
youth. He discussed the number of alcoholics in Colorado and the per-
centag es who learned to drink in the home suggesting that 3.2 beer whets
an appetite for strong er liquors. He emphasized that he had circulated
a petition in the neighborhood and secured 171 signatures. He estimated
that the neighborhood was approximately 50 per cent for the application
and 50 per cent against the application. He reminded the Council of
prev ious times when a strong effort had been made to secure signatures
against t h e proposed liquor outlets. He estimated that he could have
secured at least 2000 signatures in a similar area.
Counsel for the applicant asked permission to question Mr. Summers,
the Mayor denied the request for direct questions.
Mr. Leonard J. Mi tchell, 3760 South Sherman Street, spoke against the
granting of the license. He stated that he had been a resident of the
area since 1938 and is coming to the Council with full confidence in their
j udgemen t in this matter. He did wish to present additional facts for
their consideration.
He stated that he passes the location at least twice daily and
observes c hi ldren around the store at all times. As the store is within
200 feet of the Junior High School gr o unds he objects very strongly to the
granting of the application.
He spoke further that when he entered the store on Dec~er 11th,
that he c uld not read the date of the hearing on the application due to
the locat ion of a door post behind which the sign giving notice of the
hearing was located. He spoke to some of his neighbors who were completely
unaware either of the sign or of circulator& of petitions favoring the out-
let had been in the neighborhood. He spoke further to businessmen in the
Dry Creek Shopping Center who were not acquainted with the application or
had knowledge of the hearing. He emphasized that there were three · liquor
·outlets within a few blocks selling hearly the equivalent of 3.2 beer.
He emphasized that Mr. Evans as the store manager was responsible for
the operation durins his 8 hour shift only he could not be responsible for
the other eight hours during which the store was open and Mr. Bridges, the
area manager, certainly could not be responsible as a manager.
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Minutes o f December 17, 1962
He spoke of another problem with regard to sale of 3.2 beer and that
is how y ou do determine the age of the purchases and a further problem
of a child purchasing beer for his or her father.
He inquired as to the c i rculation of petitions in the area indicating
that while very little opposition was encountered by Mr. Bridges and 7-
Eleven employees in circulating their petitions they knew personally of
nine pe r sons who we~e in opposition'
Mr. Mitchell also pointed out that when Mr. Bridges was questioned as
to any convictions for violation of beer license by the Southland Corporation
that the answer was not an unqualified answer but only as to the State of
Texas. He urged that ~he license not be granted as it would be a serious
hazard to the welfare of the children and would not serve any needs of the
neighborhood.
Reverend Stowell Sandmeyer, Pastor Englewood Methodist Church, spoke
in oppos i tion to the license. He stated that he has been in Englewood for
eight and a half years as a minister to the citizens of Englewood. He told
the Counc i l that he was vitally interested in the request for the granting
of a 3.2 l i cense due to his work and interest in his community and its
welf~re.
He spoke of the ver y attract i ve store building wh i ch was now located
at 3601 South Sherman and emphasized i t could be a very effective addition
to the community but only if the sale of 3.2 beer is not allowed at that
loca t ion.
He spoke of the adequate liquor outlets in the neighborhood and suggest-
ed tha t th e doors of the liquor store across the street be widened to handle
those customers from south of the highway. He expressed his concern about
t h e close proximity of the store to the Junior and Senior High Schools.
Reverend Sandmeyer stated that the City Council has previously determined
tna t t h e sale of beer in food s t ores is not desirable. The sale of beer
w ith foo d i s a physicological de t riment to a community. He urged that the
Counc i l deny t h e application. He thanked the Council for their time in
hear i n g him .
Mr. Ott ie K. Collins, 420 9 South Sherman Street, spoke of his interest
and co nt i nued service as a me mb er of the Parole Board. He summarized by
s t a t ing tha t he was he r e to ob j ect to the promoting of the problems which he
fight s. He stated that 5 0 per cent of the automobile accidents by persons
under 2 0 were a result of having 3.2 beer. He emphasized that drinking of
beer b y high -school s t uden t s is more prevalent than commonly t h ough t and
ca lled the Council's attent i on t o the high school team who forfeited an
ath let i c g a me due to intox i cation of the team members. He asked the co-
opera tjon of t h e Counci l i n prevent i ng o ne more source of 3.2 beer be
es t a bl i shed .
Mr. Clarence E. Dunn, 3 0 56 South Corona, protested the grant i n g of the
l ice n s e as th e locat i on was too clo se to the schools. He stated that he has
c h ildr e n in Junior Hig h and was concerned a bout their wel f are. He reminded
t h e Co u ncil t ha t beer was being sold in drug stores and liquor stores and
t h a t there was no need f or a 3.2 license.
The Ma y or asked if there was anyone else who cared t o speak a g ainst the
gr a nting of t he l i cense. There were n one. The Mayor asked those in favor
to pr esent argumen t s in r ebuttal.
Mr . Hepe nns t all sta t ed t ha t al t hough the hearing had been in session
fo r more than o n e and a hal f h o urs h e must answer some o f t h e charges and
c omm e nts brou g h t be fo re th e Council by those who are in opposit i on.
He s t a t ed t h at whenever a l i quur license is proposed that those wh o
appe ar and o bj ec t o n t he matter o f principal t o t he issuan ce of any new liquor
l i c e n se. He comm en t ed t ha t acco r dingly applications for liquor license should
b e directed: t o the State Leqislature rather than the l o cal authorities. He
q uo t ed sev e r al cases wh e re t h e c ourts f ound tha t t h e denial of l i quor license
by the l o c a l aut h o r ities was unlawf ul. He stated that ques tions o f enforce-
me n t of th e laws were i mpro per. The Southland Corporation as a corporation
p o l i c y th a t n o beer will be consumed on the premises. If such consumption
s h ou ld be a t tempted the customer would be asked to leave. Any violation
wo u l d not be al l owed, the empl oyees and managers recognized the problem. He
ask ed t o c h eck t he pe t ition a g ainst the applica t ion.
He e mphasized that 904 persons had signed favoring the license while
only 171 have sig ned against the license. He stated that the owners of Dry
Creek Liquors had signed for the license because they are not a competitor
or an ord inary liquor s t ore. He stated that he would not attempt to answer
each c h arge o f the o pponents but reminded the Council that the granting of a
liquor l i cense i s with i n their authority and opposition of the granting of the
l i cense i s a matter o f principle if not a basis for denial of a application.
Minutes of December 17, 1 9 62
He spoke further that the g enuineness of the counter petition h as
not been determined n o r had the area wi thin which t h e petition was cir-
culated been defined. He asked further that the records show that the
opponen t s based the i r oppos i tion on principle only.
Reverend Sandmey er stated that he has not opposed all outlets as a
matter o f pr i nciple that he approved ~he issuance of the liquor license
to t he Dry Creek Liquor Store as necessary to serve the needs of the area.
Mr. Mitchell emphasized that control is provided on the local level
in Colorado for the issuance of liquor licenses and that this was proper.
The residen t s of the area knew the needs and desires of the area much
better than a state bureau or board. He spoke further that many of the
si g ners f or the petition have expressed the view that to refuse to grant
the license would place a hardship on the 7-Eleven Stores whereby they would
be unable to secure their normal profit. Mr. Mitchell emphasized that the
establishmen t of a store to reap a profit at the detriment of a community
certa i nl y is not a commendible reason for supporting the issuance of a
liquor l i cense. He summarized by stating that the 3.2 beer is only one-
e i ghth l ess alcoholic content than the regular beer. He expressed the
view that Englewood's accident record is good because of the control the
Council has exercised over the granting of 3.2 beer licenses.
Mr. Sununers stated that it
license to state that t h ose who
doing so for religious reasons.
no need in the community and not
neighborhood.
'is so easy for applicants for a liquor
oppose the issuance of the license are
He stated that the applicants have shown
clearly indicated the desires of the
He stated that the evidence is to be judged by the interest of the
witnesses wh i ch in this case the applican t s have a financial gain and
t h ose in opposition have only one interest that of the community. He
re-emphasized that to grant this 3.2 beer license would represent the
opening to all food stores and all other outlets of 7-Eleven Stores for
the sale of 3.2 beer. He urged that the Council deny the application
as t h e out let would not neceasarily meet the des i res of the inhabitants.
COUNCILMAN PARKER MOVED, COUNCii.HAN MILES SECONDED, THAT THE PUBLIC
HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absen t : None.
The Mayor declared the motion carried.
Councilman Braun asked the City Attorney if State Law provided any
restrictions as to the distance that an outlet may be from a school. The
City Attorney stated that there was no restriction and that the City could
not enforce its own 500 foot restriction that was in its ordinance.
COUNCILMAN PARKER MOVED, COUNCii.HAN BRAUN SECONDED, THAT THE
APPLICATION FOR RE7AIL FERMENTED MALT BEVERAGE LICENSE BY THE SOUTHLAND
CORPORATION OF TEXAS FOR A STORE BEARING THE TRADE NAME OF 7-ELEVEN
LOCATED AT 3601 SOUTH SHERMAN STREET, ENGLEWOOD, BE DENIED BECAUSE THE
COUNCIL DETERMINES THAT THE AREA IS ADEQUATELY BEING SERVED BY EXISTING
OUTLETS AND THE DESIRES OF THE INHABITANTS DOES NOT CLEARLY SUPPORT THE
APPLICATION.
Councilman Smukler stated that he was not ready to consider the appli-
cat i on that he needed more t i me to review the information presented. He
stated that he would abstain from the vote. Discussion ensued.
COUNCILMAN SMUKLER MOVED, COUNCILMAN MILES SECONDED, THAT THE MOTION
BE TO DENY THE GRANTING OF THE APPLICATION BY SOUTHLAND CORPORATION OF
TEXAS BE TABLED. Upon the call of the roll, the vote resulted as follows:
Ay es: Councilmen Braun, Love, Miles, Pafker, Smukler, Woods,
Brownewell.
Nays: None
Absent : None.
The Mayor declared the motion carried.
RECESS
The Ma y or called a recess of the Council until 10:30 P.M.
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Minutes of December 17, 1962
CALL TO ORDER
The Mayor called the Council to order with the following Councilmen
present:
Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell.
The Mayor declared a quorum present.
622-9 3 REGARDING GAS AND ELECTRIC FRANCHISE
Mr. J. E. Wilson, and Mr. Harold Rust, Manager of the Central Dist-
rict and Englewood areas respectively asked that the Council consider a
letter and a proposed franchise ordinance which had been submitted to the
Council for its review on December 3, 1962. He stated that it was the
pol i c y o r the company in areas surrounding the core City of Denver to pay
a franchise tax of three per cent on electric service rendered in the
community and two per cent on gas service. The proposed ordinance would
authorize these franchise tax rates as well as to extend both franchises
for a per i od of 25 years. He asked that the Council grant the Public
Service Company permission to hold an election to determine the desires
of the people in this regard.
Councilman Woods inguired as to why Denver was receiving three per
cent on gas franchise tax while Englewood is proposed at two. Discussion
ensued. Councilman Parker also expressed doubt that there could be justi-
fied differential between Denver and Englewood. Mr. Wilson spoke that the
average consumption in Denver is substantially greater than that in
Englewood j ustifying the one per cent differential. Councilman Smukler
inquired if the franchise rate could be renegotiated five or ten years
from now. Mr. Wilson read from the proposed ordinance that such a re-
negotiation could be entertained by the City or Company.
Councilman Braun inquire if P 0 tblic Service Company would object having
other questions brought before the people at the same election at which the
franchise was considered. Mr. Wilson expressed the desire to have the
election relate only to the franchise so that it could be determined as to
the popularity of the company as well as for service rendered in the area
as a result of an election rather than having a divided return. He
expressed the problem of the franchise being voted upon only by tax paying
electors while any other issue would be voted upon by all electors.
Councilman Parker discussed further the franchise tax differential.
Discussion ensued.
Councilman Braun asked what action was necessary by the Council at
this time. Mr. Wilson reviewed the proposed schedule for setting the
election on March 12th. The City Attorney said that Public Service Company
would furnish all ordinances and procedures as required.
COUNCIIMAN BRAUN MOVED, COUNCIIMAN MILBS AND SMUKLBR SECONDED, TO
RECEIVE AND FAVORABLY CONSIDER THE PROPOSAL OF THE PUBLIC SERVICE COMPANY
REGARDING A FRANCHISE ELECTION AND THAT THE PROPER OFFICIALS PROCEED
TOWARD AN ELECTION COMPLYING WITH THE TIMBS GENERALLY SET FORTH IN THE
SCHEDULE AND THAT THE CITY ATTORNEY REPORT TO THE CITY COUNCIL ON JANUARY
7TH WITH AN ORDINANCE TO AUTHORIZE THE ELECTION. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Braun, Lo ve, Miles, Parker, Smukler, Woods, Brownewell.
Nays: None
Absent: None
The Mayor declared the motion carried.
Mr. Wilson thanked the Council for allowing them to appear before it
wi th this matter.
622-6 MINUTES OF PLANNING C<>tMISSION MEETING OF NOVEMBER 29THE AND DECEMBER
6TH & 13TH
The Mayor asked that the minutes be received and placed on file.
622-9 4 Relating to designation of East Dartmouth Place
The City Clerk read the following recommendation of the City Planning
and Zoning Commission in full:
"The Planning Commission recommends to the City Council that the 20 foot
easement extending west from South Ogden Street in the 3000 block be de-
s ign ated as East Dartmouth Place."
Minutes of December 17, 1962
Councilman Brownewell inquired whether a 20 foot right-of way was
adequate. The City Manager stated that the present right-of-way is
known as Dolphin Court and houses are built facing on the Court causing
c o nside rable c o n f us ion as to t he address. The name change would help
clari fy the situation.
COUNCILMAN SMUl<LER MOVED, COUNCILMAN BRAUN SECONDED, THAT THE 20
FOOT LANE BE DESIGNATED AS EAST DAR'IMOUTH PLACE. Upon the call of the
roll, the vote resulted as follows:
Ay es: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None
Absent: None
The Mayor declared the motion carried.
622-95 Relating to zoning of Thompson land
The City Clerk read t h e following recommendation of the City Planning
and Zoning Commission in full:
"The Planning Commission reconunends to the City Council t h e rezoning
of Mr. Thompson's property f r o mR-1-D (Residence District) to R-2-A
(Residence District)."
COUNCILJ.iAN BRAUN MOVED, COUNCILMAN SMUKLER SECONDED, THAT THE CITY
ATTORNEY BE DIRECTED TO PREPARE A BILL TO REZONE THE THOMPSON LAND AS
RECC»!MENDED BY THE PLANNING COMMISSION. Upon the call of the roll, the
vo t e resul t ed as follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewe l l.
Nays: None
Absent: None
The Mayor declared the motion carried.
622-9 6 Relating to zoning of Centennial Acres
The City Clerk read tha following recommendation of the City Planning
and Zoning Conunission in full:
"The Planning Commission recommends to the City Council that the
Centennial Acres Commercial area be zoned C-2."
The City Manager stated that this was basically the shopping center
and did not e ff ect any of the other area.
COUNCILMAN LOVE MOVBD, COUNCILMAN MILES SECONDED, THAT THE CITY
ATTORNEY BE DIRECTED TO DRAW AN ORDINANCE REZONING CENTENNIAL ACRES
SHOPPING CENTER AS RECOMMENDED BY THE PLANNING CCMMISSION. Upon the
call of the roll, t he vote resulted as follows:
Ayes: Councilmen Braun, Love, MJ les, Parker, Smukler, Woods,
Brownewell.
Na y s: None.
Absent: None.
The Mayor declared the mot i on carried.
622-3 MINUTES OF PARKS AND RECREATION MEETING OF NOVF.MBER 28, 1962
The Mayor asked that the minutes be received and place on files.
622-5 MINUTES OF BOARD OF CAREER SERVICE MEETING OF DECEMBER 12TH
The Mayor asked that the minutes be received and place on file.
622-7 WATER BOARD MEETING OF DECEMBER 11, 1962
The Mayor asked that the minutes be received and placed on file.
622-97 Relating to serving Littleton water
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Minutes of December 17, 1962
The City Clerk read the following recommendation of the Englewood Water
and Sewer Board in Full:
"That the City Manager be authorized to write a letter in reply to
Mr. Howard D. McMahan, City Manager City of Littleton, acknowledging
receipt and consideration of his letter of November 19, 1962, express-
ing an interest in all points of the letter by the City of Englewood
and proposing a joint meeting of the proper officials of both cities
to discuss the matter in detail."
COUNCILMAN MILES MOVED, COUNCILMAN SMUKLER SECONDED, THAT THE RE~
COMMENDATION BE ACCEPTED. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
622-87 RELATING TO REZONING OF BELLE ISLE GARDENS
Introduced as a Bill by Councilman Smukler
A BILL
FOR AN ORDINANCE REZONING THE FOLLOWING DESCRIBED PROPERTY FRCM R-1-D
(RESIDENCE DISTRICT)CLASSIFICATION TO M-1 (INDUSTRIAL DISTRICT) CLASSI-
FICATION TO-WIT: LOTS3, 4, 5, 6, AND 7, BELLE ISLE GARDENS THIRD FILING,
ALL IN THE CI'lY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO.
WHEREAS, pursuant to ordinance, the City Planning and Zoning
Cormnission of the City of Englewood, Colorado, has duly held public hear-
ing on a certain proposed amendment to Ordinance No. 45, Series of 1955,
as amended, of the ordinances of the City of Englewood, Colorado, known
as the "Zoning Ordinance of the City of Englewood," and has made re-
commendation of the adoption of an ordinance embodying said amendment1 and,
l11BBREAS, the City Council has complied with the rules prescribed
by its charter and ordinances in taking the preliminary action in amending
said Ordinance No. 45, Series of 1955, as amended: and
WHEREAS, the public necessity, convenience, general welfare and
good zoning practices j ustify the proposed amendment to the zoning
ordinance, as hereinafter set forth:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'lY
OF ENGLEWOOD, COLORADO:
Section .~l. The zoning of the hereinafter described property
located within the City of Englewood, County of Arapahoe, State of
Colorado, is hereby changed from R-1-D (Residence District) Classification
to M-1 (Industrial District) Classification, to-wit:
Lots 3, 4, 5, 6, and 7, Belle Isle Gardens Third Filing,
all in the City of Bnglewood, Arapahoe County, Colorado.
Section 2. The City Council hereby finds, determines and
declares that the hereinabove change in zoning is justi~ied by the public
necessity, convenience, general welfare and good zoning practices.
Introduced as a Bill for an Ordinance at the regular meeting of
the City Council of the City of Englewood, Colorado, on llovellber 19, 1962,
read a first time in full and set for public hearing before said City
Council at the regular meeting of the City Council on December 17. 1962
at 8:00 P.M. in the Council Chambers at the City Hall, 3345 s. Bannock
Street, Englewood, Colorado. Notice of said hearing embodying this Bill
for an Ordinance in full, ordered by the City Council to be published in
full in the Englewood Herald and Enterprise, at least fifteen days before
sa i d hear i ng.
Passed on First Reading by the City Council of the City of
Englewood, Colorado, thisl7THday of December , A. D., 1962, and ordered
published in full in the Englewood Herald and Enterprise.
Minutes of December 17, 1962
ATTEST: ,u;;f) ~!~JC
------.._...-~, '-.r Mayor -
was read for the
COUNCILMAN SMUKLER MOVED, COUNCILMAN LOVE SECONDED, THAT THE PROPOSED
BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE
ENGLEWOOD HERALD AND ENTERPRISE. UPON THE CALL OF THE ROLL, THE Ve%&.·,· RE-
SULTED AS FOLLOWS:
Ayes: Councilmen Braun, Love, Miles, larker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
622-78 RELATING TO PETITION FOR CHARTER AMENJ»tENT
The City Attorney reported that the petition that had been filed with
the City Council providing for an amendment to the Charter of the City of
Englewood contained 5 9 2 acceptable signatures, on Article XX of the State
Constitut ion requires five per cent of the votes cast in the last Guber-
natorial vote or 513 signatures. He reported that in view of the fact that
the pet ition is sufficient the Election Commission should be directed to
place the proposal on the ballot for the next general election of the City.
COUNCIIMAN MILES MOVED, COUNCIIMAN BRAUN SECONDED, THAT THE ELECTION
COMMISSION BE DIRECTED TO PLACE THE PROPOSAL ON THE BALLOT FOR NOVEMBER,
1963. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion carried and instructed the City Clerk to
notify the Election Commission of this action.
622-89 RELATING TO BUSINESS & OCCUPATIONAL TAX
Introduced as a Bill by Councilman Braun
A BILL
FOR AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD,
COLORADO, TO ESTABLISH NEW RATES AS TO VARIOUS SECTIONS THEREOF RELATIVE
TO THE BUSINESS AND OCCUPATIONAL LICENSE TAX.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. Table I of Section 16.1-2 Standard Scale of the Municipal
Code o f the City of Englewood, Colorado, relative to the license tax on
certain categories of business is hereby amended to read as follows:
"Table I:
$20.00 for the first owner, partner, manager or employee, plus
$6.60 for eaqh additional owner, partner, manager or employee up
to a maximum number of taxable employees of 36._ •o tax on employees
over the number of 36."
Section 2. Table II of Section 16.1-2 Standard Scale of the Municipal
Code of the City of Englewood, Colorado, relative to the license tax on
certain categories of business is hereby amended t9 read as follows:
"Table II:
$10.00 for the first owner, partner, manager or employee, plus
$3.30 for each additional owner, partner, manager or employee, up
to a maximum number of taxable employees of 36. No tax on employees
over the number of 36."
Section 3. Group D of Section 16.1-3 License Required. of the Municipal
Cocle of the City of Englewood, Colorado, relative to the license tax on
certain categories of business is hereby amended to read as follows:
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"Group D. Contractor Licenses:
All persons or firms performing any and all types of
contractor services within the city, in any amount, shall
be subject to tax on the following basis:
Type of Contractor
(defined in 513.11)
General Contractor -
Unlimited
General Contractor -
Limited
Jobbing Contractor
Sub-Contractor
Electr i cal Contractors
(Class A)
Plumbing Contractors
Drainlaying Contractors
Amount (if
based inside
city limits)
$40.00
33.30
13.30
13.30
13.30
13.30
23.30
Amount (if
based autside
city limits)
$50.00
43.40
20.00
20.00
40.00
40.00
40.00
The foregoing tax rates are in addition to any other licenses
o r fees due t h e city under other provisions of this Code."
Section 4. The fourth sentence of Group G. Direct Selling Licenses:
of Section 16.1-3 License Required. of the Municipal Code of the City of
Englewo od, Colorado, relative to the license tax on certain categories of
business i s h ereby amended to read as follows:
"The tax f or direct selling agents of books, periodicals (other
than newspapers), household wares, brushes, insurance, cosmetics,
utens i ls, produce, building repair and remodeling, and any goods
or services no t specifically mentioned herein, and no t covered by
any other subsection of this section, shall be $6.60 for each per-
son fo r three mo n t hs, or $20.00 for each person for one year."
Section 5 . Sub-sect i on (a) o f Sub-Group 1: Residential: of Group I.
Rental Units; of Section 16.1-3 License Required. of the Municipal Code
o f t h e City o f Englewood, Colorado, relative t o the l i cense tax on certain
categ o ries o f business i s hereby amended to read as follows;
"Any p er s o n wh o rents, leases o r otherwise provides une o r more
res i den t i al units fo r hire s h all be subject to a tax of $2.00
per unit per year."
Section 6. Sub-sect i on (a) o f Sub-Group 2: Commercial: o f Group I.
Rental Uni t s: of Section 16.1-3 License Required. of the Municipal Code
of the City of Englewood, Colorado, relative to the license ~ax on
certain ca t e g ories of business is hereby amended to read as follows:
"Any person who rents, leases, or o t herwise provides any number
o f commercial rental uni t s for hire shall be subject to a tax
o f $2.70 per un i t per year."
Section 7. Section 16.1-14 of the Municipal Code of the City o f
Englewood, Colorado, relative to the license tax on certain categories
of business is uereby amended by adding thereto an additional sentence
wh ich shall read as follows:
"In the event the tax due hereunder is not paid until after the
due date t h ereof, there shall be added to such tax a penalty of
10% of the amount due, and in any event a minimum penalty of $1.00."
~ection 8. The amended rates provided for under the terms of this
ordinance s h all be deemed effective January 1, 1963. In the event any
persons h ave paid the license tax for the year 1963 on the basis of the
present schedules as set forth in the sections of the ordinance aa amend-
ed herein, said persons sha l l receive a credit on any license tax due for
the year 1 9 64 for the difference paid between the amended rates as set
forth herein and the present rates in the hereinabove amended sections.
The City Treasurer shall establish an escrow fund for the purpose of re-
taining any and all such excess payments to be applied to payments due in
1 9 64.
Section 9 . If any section, subsection, sentence, clause or phrase of
Minutes of December 17, 1962
this ordinance is for any reason held to be unconstitutional, such decisions
s h all not affect the validity of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, sub-
section, sentence, clause or phrase t h ereof, irrespective of the fact that
any one, or any section, subsection, clause or phrase be declared unconsti-
tutional.
Passed on First Reading by the City Council of the City of Englewood,
Colorado, this 17TH day of December , A.D. 1963 and
ordered published in full in the Englewooc:l Herald and Enterprise.
Mayor
was read for
COUNCIIJ.tAN BRAUN MOVED, COUNCILMAN SMUKLER SECONDED, THAT THE
PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN
FULL IN THE ENGLE\«>OD HERALD AND ENTERPRISE. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None •
The Mayor declared the motion carried.
622-80 RELATING TO ANTI-LITTER ORDINANCE
Introduced as a Bill by Councilman Miles
A BILL
FOR AN ORDINANCE PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC
PLACES IN THE CITY OF ENGLEWOOD, COLORADO; REGULATING THE DISTRIBUTION OF
CCMMERCIAL AND NON-COMMERCIAL HANDBILLS; CONTROLLING THE DEPOSITING OF
LITTER ON PRIVATE PROttISES; PROVIDING A LIEN FOR CITY CLEARANCE; AND AMENDING
THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD ACCORDINGLY; AND REPEALING CERTAIN
SECTIONS OF SAID CODE IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF ENGLEWOOD, COLORADO:
Section 1. Sections 15.21, 15.22, 15.23, 15.24 and 17.11 of the
Municipal Code of the City of Englewood are hereby repealed.
Section 2. Section 15.24 of the Municipal Code of the City of
Englewood is hereby renumbered as Section 15.41. Section 15.25 of said code
is hereby renumbered as Section 1 5 .42. Section 1 5 .26 of said code is hereby
renumbered as Section 15.43. Section 15.27 of said code is hereby renumbered
as Section 15.44. Section 15.28 of said code is hereby renumbered as Section
15.45. Section 15.2 9 of said code is hereby renumbered as Section 1 5 .46.
Sec.tion 1 3 .30 of said code is hereby renumbered as Section 15.47.
Section 3. The Municipal Code of the City of Englewood, Colorado,
is hereby amended by adding thereto the following sections prohibiting the
throwing or depositing of litter in public places in the City of Englewood,
Colorado~ regulating the distribution of conunercial and non-commercial hand-
bills; controlling the depositing of litter on private premises; and provid-
ing a lien for City clearance:
Section 1 5 .21. Definitions. For the purposes of this Ordinaace
t h e following terms, phrases, words, and their derivations shall have
the meaning given herein. When not inconsistent with the context,words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and not
merely directory.
(1) "Aircraft" is any contrivance now known or hereafter
invented, used or designated for navigation or for flight in the air.
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Minutes of December 17, 1962
'lhe word "Aircraft" shall include helicopters and lighter-than-air
dirigibles and balloons.
(2) "Authorized private receptacle" is a litter storage
and collection receptacle as required and authorized in Section 23.3
of the Municipal Code of the City of Englewood.
(3) "City" is the City of Englewood, Colorado.
(4) "Commercial Handbill" is any printed or written
matter, any sample or device, dodger, circular, leaflet, pamphlet,
paper, booklet, or any other printed or other\Yise reproduced original
or copies of any matter of literature:
(a) Which advertises for sale any merchandise,
product, commodity, or thing; or
(b) Which directs attention to any business or
mercantile or commercial establishment, or other actiyity,
for the purpose of either directly or indirectly promoting
the interest thereof by sales; or
(c) Which directs attention to or advertises any
meeting, theatrical performance, exhibition, or event of
any kind, for which an admission fee is charged for the
purpose of priva t e gain or profit; but the terms of this
clause shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying
the expenses incident to such meeting, theatrical per-
formance, exhibition, or event of any kind, when either of
the same is held, given or takes place in connection with
the dissemination of information which is not restricted
under the ordinary rules of decency, good morals, public
peace, safety and good order; Provided, that nothing con-
tained in this clause shall be deemed to authorize the
holding, giving or taking place of any meeting, theatrical
performance , exhibit ion·-,. or event of any kind, without a
license, where such license is or may be required b y any
law of this State, or under any ordinance of this City: or
(d) Which, while containing reading matter other than
advertising matter, is predominantly and essentially an ad-
vertisement, and is distributed or circulated for advertis-
ing purposes, or for the private benefit and gain of any
person so engaged as advertiser or distributor.
(5) "Garbage" is .pitresc:·ible animal and vegetable wastes
resulting from the handling, preparation, cooking and consumption of
food.
(6) "Litter" is "garbage," "refuse," and "rubbish" as de-
fined herein and all other waste material which, if thrown or deposited
as herein prohibited, tends tb create a danger to public health, safety,
and welfare.
(7) "Newspaper" is any newspaper of general circulation as
defined by general law, any newspaper duly entered with the Post Office
Department of the Un ited States, in accordance with Federal statute or
regulation, and any newspaper filed and recorded with any recording
officer as provided by general law; and, in addition thereto, shall
mean and include any periodical or current magazine regularly published
with not less than four issues per year, and sold to the public.
(8) "Non-Commercial Handbill" is any printed or written
matter, any sample, or device, dodger, circular, leaflet, pamphlet,
newspaper, magazine paper, booklet, or any other printed or otherwise
reproduced original or copies of any matter of literature not included
in t h e aforesaid definitions of a commercial handbill or newspaper.,·
(9) "Park" is a park, reservation, playground, beach, re-
creat i on center or any other public area, in the City, owned or used
by t h e City and devoted to active or passive recreation.
(10) "Person" is any person, firm, partnership, associa-
tion, corporation, company or organizat i on of any kind.
(11) "Private Premises" is any dwelling, house, building,
or other structure, designed or used either wholly or in part for
priva t e residen t ial purposes, wh ether inhabited or temporarily or
continuously uninhab i ted or vacant, and shall include any yard,
rounds, walk, driveway, porch, steps, vestibule or mailbox belonging
or appurtenant to such dwelling, house, building, or other structure,
and pr i vate land on which no building exists.
Minutes of December 17, 1962
(12) "Public Place" is any and all streets, sidewalks, boulevards,
alleys o r o ther public ways and any and all public parks, squares, spaces,
g rounds, a n d buildino s.
(13) "Refuse" is all putresc ~ible or non-putrescible waste, in-
clud ing g arbage, rubb i sh, ashes, street cleaning, dead animals, offal,
dropp i ngs, abando n ed appliances, and/or non-opera tional vehicles or parts
th ere f r om , abandoned and/o r non-o perational machinery or parts therefrom.
(1 4 ) "Rubbish" is non-putrescible waste consisting of both
combus t ible and n o n-combustible wastes, such as paper, wrappings, cigar-
e ttes, cardboard, ti n cans, y ard clippings, leaves, branches, wood, waste
bui ld i n g ma t er i als, glass, bedd i ng, crockery, household furnishings and
sim i lar ma t erials.
(15) "Vehicle" is every device in, upon, or by which any person
or pro perty is or ma y be transpo rted or drawn upon a highway, including
dev i ces used exclusively upon stationary rails or tracks.
Section 1 5 .22. Litter in Public Places. No person s h all throw
or deposit l i tter i n or upon any street, sidewalk or o t her public place
within the City except in public receptacles, in authorized private re-
ceptacles for col l ect i on, o r.in official City dumps.
Section 15.23. Placement of Litter in Receptacles So as to
Prevent Scattering. Persons placing litter in public receptacles or in
authorized private receptacles shall do so in such a manner as tQ prevent
it fr o m be i ng carried or deposited by the elements upon any street, side-
walk o r other public p l ace or upon private property.
Section 15.24. Sweeping Litter Into Gutters Prohibited. No
person shall sweep into or deposit in any gutter, street or other public
place with i n the City the accumulation of litter from any building or
lot or from any publ i c or private sidewalk or driveway. Persons owning
or occupying property shall keep the sidewalk in front of their premises
free of l itter.
Section 15.25. Merchants' Duty to Keep Sidewalks Free of Litter.
No person owning or occupying a place of business shall sweep into or de-
posit in any gutter, street or other public place within the City the ac-
cumulation of litter from any building or lot or from any public or private
sidewalk or driveway. Persons .owning or occupying places of business with-
in the City shall keep the sidewalk in front of their business premises
fre~f litter.
Section 15.26. Litter Thrown by Persons in Vehicles. No person,
while a driver or passenger in a vehicle, shall throw or deposit litter
upon any street or other public place within the City, or upon private
property.
Section 15.27. Truck Loads Causing Litter. No person shall
drive or move any truck or other vehicle within the City unless such vehicle
is so constructed or loaded as to prevent any load, contents or litter from
being blown or deposited upon any street, alley or other public place. Nor
shall any person drive or move any vehicle or truck within the City, the
wheels or tires of which carry onto or deposit in any street, alley or other
public place, mud, dirt, sticky substances, litter or foreign matter of any
kind.
Section 15.28. Litter in Parks. No person shall throw ·or deposit
litter in any park within the City except in public receptacles and in such
a manner that the litter will be prevented from being carried or deposited
by the elements upon any part of the park or upon any street or other public
place. Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence and
properly disposed of elsewhere as provided herein.
Section 15.29. Litter in Lakes and Fountains. No person shall
throw or deposit litter in any fountain, pond, lake, stream, bay or any
other body of water in a park or elsewhere within the City.
Section 15.30~ Throwing or Distributing Commercial Handbills in
Public Places. No person shall throw or deposit any commercial or non-
commercial handbill in or upon any sidewalk, street or other public place
within the City. Nor shall any person hand out or distribute or sell any
commerc i al handbill in any public place. Provided, however, that it shall
not be unlawful on any siaewalk, street, or other public place within the
City for any person to hand out or distribute, without charge to the re-
ceiver thereof, any non-commercial handbill to any person willing to ac-
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Section 15.31. Placing Commercial and Non-Commercial Handbills
on Vehicles. No person shall throw or deposit any commercial or non-commercial
handbill in or upon any vehicle. Provided, however, that it shall not be un-
lawful in any public place for a person to hand out or distribute without
charge to the receiver thereof, a non-commercial handbill to any occupant of
a vehicle wh o is willing to accept it.
Section 15.32. Depositing Commercial and Non-Commercial Handbills
on Uninhabited or Vacant Premises. No person shall throw or deposit any
commercial or non-commercial handbill in or upon any private pEemises which
are temporarily or continuously uninhabited or vacant.
Section 15.33. Prohibiting Distribution of Handbills Where
Properly Posted. No person shall throw, deposit or distribute any commercial
or non-commercial handbill upon any private premises, if requested by an~one
thereon not to do so, or if there is placed on said premises in a conspicuous
position near the entrance thereof, a sign bearing the words: "No Trespass-
ing," "No Peddlers or Agents," "No Advertisement," or any similar notice,
indicating in any manner that the occupants of said premises do not desire to
be molested or h~ve their right of privacy disturbed, or to have any such
handbills left upon such premises.
Section 15.34. Distributing Commercial and Non-Commercial Handbills
at Inhabited Private Premises. No person shall throw, deposit or distribute
any commercial or non-commercial handbill in or upon private premises which
are inhabited, except b 1 · handing or transmitting any such handbill directly to
the owner, occupant, or other person then present in or upon such private ·
premises. Provided, however, that in case of inhabited private premises which
are not posted, as provided in this Ordinance, such person, unless requested
by anyone upon such premises not to do so, may place or deposit any such hand-
bill in or upon such inhabited private premises, if such handbill is so placed
or deposited as to secure or prevent such handbill from being blown or drifted
about such premises or sidewalks, streets, or other public places, and except
that mailboxes may not be so used when so prohibited by Federal postal law or
regulations.
(a) Exemption for Mail and Newspapers. The provisions of this
Section shall not apply to the distribution of mail by the
United States, nor to newspapers (as defined herein) except
that newspapers shall be placed on private property in such
a manner as to ~revent their being carried or deposited by
the elements upon any street, sidewalk or other public
place or upon private property.
Section 15.35. Dropping Litter from Aircraft. No person in an
aircraft shall throw out, drop or deposit within the City any litter, handbill
or any other object.
Section 15.36. Posting Notices Prohibited. No person shall post or
affix any notice, poster or other paper or device, calculated to attract the
attention of the public, to any lamp post, public utility pole or shade tree,
or upon any public structure or building, except as may be authorized or re-
quired b v law.
Section 15.37. Litter on Occupied Private Property. No person shall
throw or deposit litter on any occupied private property within the City,
whether owned by such person or not, except that the owner or person in control
of private property may maintain authorized private receptacles for collection
in such a manner that litter will be prevented from being carried or deposited
by the elements upon any street, sidewalk or other public place or upon any
priva t e property.
Section 15.38. owner to Maintain Premises Free of Litter. The owner
or person in control of any private property shall at all times maintain the
premises free of litter, Provided, however that this Section shall not pro-
hibit the storage of litter in authorized private receptacles for collection.
Section 15.3 9 . Litter on Vacant Lots. No person shall throw or
deposit li t ter on any open or vacant private property within the City whether
owned b y such person or no t .
City.
.
Section 1 5 .4 0 . Clearing of Litter from Open Private Property by
(a) Notice to Remove. The Building Inspector is hereby authorized
and e~Pf>wered to notify the owner of any open or vacant private
property within the City or the agent of such owner to properly dis-
pose of l i tter located on such owner's property which is dangerous
to public health, safety or welfare. Such notice shall be by Certified
Mail, addressed to said owner at his last known address •
Minutes of December 17, 1 9 6 2
(b) Action Upon Non-Compliance. Upon t h e failure, ne g lect or
r e f usal of a n y o wn er o r g g en t so notified, t o pro perly dispose of
l itter dang erous t o t he publ i c health, safety or wel f are w i thin
th ir ty (30) days a f ter rece i pt of written notice pro v i ded for in
sub-sect i o n (a) above, or within (30)days after the date of such
not ice i n t h e event t h e same is returned to the City Post Office
Departmen t because o f its inability to make delivery thereo f ,
p rovided t he same was properly addressed to the last known address
o f such owner, or a g ent, the Building Inspecto r is hereby author-
i zed and empo wered t o pay for t h e disposing of such litter or to
o rder its d i sposal b y the City.
(c) Charge I n cluded in Tax Bill. When the City has effected
t h e removal of such dangerous litter or has paid for its removal,
t he actual cost thereof, plus accrued in t erest at the rate of six
per cent (6%) per annum from the date o f the complet i on of the work,
i f no t paid b y such owner prior thereto, shall be charged to the
owner o f such property. The City may record with the County Clerk
and Recorder of Arapahoe County, Colorado, a certificate of the
i ndebtedness due under t h is section of the ordinance, which shall
be and constitute a lien against the real property of the owner
f rom which the litter has been removed, until paid.
Section 4. Separability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or un-
const itutional b y any court of competent jurisdiotion, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
no t a f f ect the validity of the remaining portions hereof.
Sect ion 5. Ordinances Repealed. All ordinances and parts of ordinances
in confl i ct with the prov i sions of this Ordinance are hereby repealed.
Passed on First Reading by the City Council of the City of Englewood,
Colorado, t h is 17TH day of December, A. D. 1962, and ordered published in
full ·in the Englewood Herald and Enterprise.
>d/11~~
ATTEST: v r T ,---~-, Mayor
was read time.
COUNCILMAN MILES MOVED, COUNCILMAN SMUKLER SECONDED, THAT THE PROPOSml
BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE
ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Braun, Lo ve, Mi les, Parker, Smukler, Woods,
Brownewell.
Na y s: None.
Absent: None.
The Mayor declared the motion carried.
622-67 RELATING TO HOURS OF WORK
Introduced as a Bill by Councilmen Woods and Miles
A BILL
FOR AN ORDINANCE AMENDING SECTION 6.7-18 OF THE MUNICIPAL CODE OF THE CITY
OF ENGLEWOOD AS TO HOURS OF WORK OF VARIOUS DEPARTMENTS, FUNCTIONS OR
ACTIVITIES, AND SICK LEAVE.
BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. Section 6.7-18(a) Police Department, of the Municipal Code
of the City of Englewood is hereby amended to read as follows:
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Minutes of December 17, 1962
"(a) Police Department. The work week for Police Department employees
shall be an average of 44 hours a week. The work schedule shall be
determined by the Chief of Police with the approval of the City Manager."
Section 2. Section 6.7-lS(b) Fire Department, of the Municipal Code
of the City of Englewood is hereby amended to read as follows:
"(b) Fire Department. Fire Department employees shall work an
average of 72.9 hours per week, plus training as required. The
work week shall consist of alternate 24 hour shifts. Every month
each fireman shall receive two days off to bring the average of
scheduled hours to 72.9 per week."
Section 3. Section 6.7-lS(c) Utilities Plant, of the Municipal Code
of the City of Englewood is hereby amended to read as follows:
"(c) Utilities Plants. Operators at the water filter plant and a.wage
treatment plant shall work an average of 40 hours per week. The work
schedule shall be determined by the Director of the Utilities Department
with the approval of the City Manager."
Section 4. Section 6.7-lS(d) Maintenance Crews, of the Municipal Code
of the City of Englewood is hereby amended to read as follows:
"(d) Maintenance Crews. All street, water, sewer, Park Department,
Traffic Department, and signal maintenance employees shall work an
average of 40 hours per week. The daily work schedule shall be
determined by the department head with the approval of the City
Manager. All City Hall maintenance employees shall work the number
of hours necessary to efficiently accomplish the variable needs and
requirements during each day, week or month."
Section 5. Section 6.7-22(b) of the Municipal Code of the City of
Englewood is hereby amended by deleting therefrom sub-paragraph (2) thereof,
and by renumbering sub-paragraphs 3, 4, and 5 as sub-paragraphs 2, 3, and 4
respectively.
Section 6. Section 6.7-22 Sick Leave, of the Municipal Code of the
City of Englewood is hereby amended by adding thereto a new sub-section (g),
which shall read as follows:
"(g) Service connected injury. In cases where an employee is off the
i ob as a result of a service-connected injury, the City will pay the regular
salary of such employee for a period of up to one week, which week shall not
be deducted from the normal sick-leave time of such employee."
Passed on First Reading by the City Council of the City of Eng,lewood,
Colorado, this 17TH day of 8ecember, A. D. 19.§l and ordered published in
full in the Englewood Herald and Enterprise. ·
~r Mayor
ATTEST:
was read for the first
I, •·
COUNCILMAN WOODS MOVED, COUNCILMAN MILES SECONDED, THAT THE PROPOSED
BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE
ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote re-
sulted as follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None .
The Mayor declared the motion carried.
Minutes of December 17, 1962
622-98 RELATING TO SALARIES OF COUNCIL APPOINTEES
Introduced as a Bill by Councilman Parker
A BILL
FOR AN ORDINANCE AMENDING SECTION 6.2 OF THE MUNICIPAL CODE OF THE CITY
OF ENGLEWOOD, COLORADO, AS TO SALARIES OF COUNCIL APPOINTEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. Section 6.2 of the Municipal Code of the City of Englewood,
Colorado, is hereby amended to read as follows:
"Section 6.2. Salary of Council Appointees. The City : Manager, the
Municipal Judge, the Municipal Court Clerk, the City Attorney and the
Assistant City Attorney shall receive such annual salaries as shall be
fixed by the Council from time to time by motion or resolution, payable in
equal semi-monthly installments. The City Attorney, Assistant City
Attorney or Attorneys, special counsel and special water consultant shall
receive such other and further compensation from time to time for special
services as the City Council may determine and allow."
Passed on First Reading by the City Council of the City of Englewood,
Colorado, this 17TH day of December, 19~, and ordered published in full
in the Engle'f«>od Herald and Enterprise.
~~~
r---Mayor ------"
ATTEST:
was read for the
COUNCIUIAN PARKER MOVED, COUNCIUIAN WOODS SECONDBD, THAT THE PROPOSBD
BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED, IN PULL IN THE
BNGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote result-
ed as follows:
"Ayes: Councilmen Braun, Lo ve, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
622-81 VACATION OF CUL-DE-SAC ON PLEASANT LANE
Introduced as a Bill by Councilman Smukler
A BILL
FOR AN ORDINANCE VACATING CERTAIN CUL-DE-SACS LOCATED ON PLEASANT LANE AT THE
INTERSECTION OF PLEASANT LANE AND SOUTH IRVING STREET IN THE CITY OF ENGLEWOOD,
ARAPAHOE COUNTY, COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That the hereinafter described property located in the City
of Englewood, Arapahoe County, Colorado, be and hereby is declared vacated
pursuant to the provisions of Section 13, Article 1, Chapter 120, Colorado
Revised Statutes 1953, as amended, and that title thereto shall vest in the
owners of abutting land, as provided in said Chapter 120; said vacated land
being particularly described as follows:
Beginning at a point on the south line of Tract 4, Pleasant View, two
hundred sixty one and eight tenths feet (261.8') east of the southwest
corner of said Tract 4; thence East along said south line a distance
of twenty two and four tenths feet (22.4'); thence along the arc of a
curve to the left, the radius of which is fifteen feet (15'), and the
central angle is 9 0 degrees (90°), a distance of twenty three and
fifty six hundredths feet (23.56'); thence along the arc of a curve
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Minutes of Decembe r 17, 1 9 62
to the left, the radius of which is forty five feet (45') and the
central angle is fifty three degrees, eleven minutes, sixteen se-
c onds (53°-11'-16"), a distance of forty one and seventy seven
hundredths feet (41.77') more or less to the poin t of beginning; and
Beginning at a point on the north line of Tract 5, Pleasant View, two
hundred sixty one and eight tenths feet (261.8') east of the north-
west corner of said Tract 5; thence East along said south line a
distance of twenty two and four tenths feet (22.4'); thence along
the arc of a curve to t h e righ t , the radius of which is fifteen feet
(15') and the ce n tral angle is 9 0 degrees (90°), a distance of twenty
three and fifty six hundredth s feet (23.56'); thence along the arc of
a curve to t h e right, t h e radius of which is forty five feet (45'),
and t h e central angle is f ifty three degrees eleven minutes sixteen
seconds (53°-11'-16 11
) a distance of forty one and seventy seven
hundredths f eet (41.77') more or less to the point of beginning.
Section 2. That the•hereinabove described land is located entirely
within the City of Englewood, Colorado and does not constitute a boundafy
line between the City of Englewood and any county or other municipality •
Section 3. That the vacation of the hereinabove described part of a
street will not leave any ad j oining land without an established public road
connectin q said land with another established public road.
Section 4. That the City of Englewood does hereby expressly reserve
t h e rig hts-of-way or easements for the continued use of existing sewer, gas,
water, or similar pipe lines and appurtenances, and for ditches or canals
and appurtenances, and for electric, telephone, and similar lines and ap-
purtenances, if any, now located in the hereinabove described part of
Englewood.
Passed on First Reading by the City Council of the City of Englewood,
Colorado this 17TH day of December, A. D. and ordered published in full in
the Englewood Herald and Enterprise.
~
~ ·7 . ·--· Mayor "--
was read for the
COUNCILMAN SMUKLER MOVED, COUNCI~ MILES SECONDED, THAT THE
PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN
THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
622-99 RELATING TO DISANNEXATION LITTLETON FIRE DISTRICT
The City Attorney reported that fifteen per cent of the owners of the
newly annexed area to the City of Englewood in Centennial Acres would need
to petition for disconnection from the Littleton Fire District. He stated
that he would be able to draw the petition for the disconnection but would
need to provide for i t s circulation. The Mayor directed the City Attorney
to prepare the petition.
622-37 RELATING TO 1963 PAVING PROGRAM
The City Manager reported that schedule for initiating the Paving Dist-
rict to be completed in 1963 had been p~epared and was ready for adopting.
He stated the first i t em would be to seek fiscal agent to handle issuance of
the bonds and the proceedings. This is scheduled to be done January 7, 1963.
34
Minute• of December 17, 1962
COUNCILMAN BRAUN MOVED, COUNCILMAN MILBS SECONDED, THAT THE SCHEDULE
FOR CREATION OF THE 1963 PAVING DISTRICT BB ADOPTED. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absent : None •
The Mayor declared the motion carried.
622-100 RESOLUTION TRANSFERING BALANCES
The City Manager reported that various expenditures authorized by the
Council from unappropriated Surplus as well as certain necessary over ex-
penditures by various departments had made necessary a transfer resolution.
He stated that he had received a Certificate of available of funds in the
General Fund to allow such transfer. He read the following Certificate in
full:
CERTIFICATE
I, B. o. Beausang, City Clerk-Treasurer, City of Englewood, County
of Arapahoe, State of Colorado do hereby certify that there is an un-
encumbered and unappropriated surplus in the General Fund of $49,696.69
available for appropriation or transfer
S E A L
Dated: December 5, 1 9 62
The City Manager reported that the transfers affect the City Attorney's
office, City Manager's office, Planning and Traffic Regulations, as well as
certain General Governmental areas. A total of the additional appropriation
is less than the Unappropriated Surplus certified and the total expenditures
will be substantially less than the revised or original budget.
The City Clerk read the following resolution in full:
RESOLUTION
WHEREAS, it has been deemed necessary and expedient during the fiscal
year 1962 to expend from several budget accounts various amounts in excess
of the respective original fi g ures therefor, and all for the best interests
of the City: and
WHEREAS, the City Clerk-Treasurer has certified that t h ere are
elig ible unappropriated cash balances at thia t i me sufficient to cover such
over-expendi t ures;
NOW, THEREFORE, BE IT RESOLVED THAT the following 1 9 62 budget accounts
be revised and increased by the following amounts set opposite each respect-
ive account, and that the amounts be appropriated from Unappropriated Surplus
or Cash Reserve in each fund involved:
GENERAL FUND
Board o f Career Service Conunissioners
Account 130.01 •.••.•••..•..•..•••••••• $ :>-o~, l!J o
City Attorney's Office
Account 160.12-1 .••.•...•........•.•••• 3,200.00
City Manager's Office
Account 310. 01 ••••••••••••••••••••••••• 1,2 >0.00
Planning & Traffic Regulation
Account 1010.01 ••••••.•••.••••••••••••• 7,00 0 .00
Library
Account 1110.06 ••..•••••.••.••••••••••• 500.00
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Minutes of December 17, 1962
General Governmental
Account 1310.12-1 .•••••.•..•••.••••••••
.13-1 .....•.....•••••••••••
.13-95 •..•.•.....•..••.••••
20,000.00
5,000.00
2,500.00
Total General Fund Revisions .•••.••••••••••• $39,950.00
WATER FUND
Water Plant & Production Operations
Account 2020.10-41 •••.•.••...•••••••••• $20,000.00
Water Distribution Operations
Account 2040.01 •••..••••..•••••••••••••
• 09-1 •••••••••..•••••••••••
.13-1 .•••...•...••..•••••••
4,500.00
3,000.00
2,000.00
Total Water Fund Revisions .•.•.•....•••••••• $29,500.00
SEWAGE DISPOSAL PLANT FUND .
Operations
Account 2520.12-2 ..••.••.••..•••••••••• $
.10-2 .•..........•..•••••••
" ' '
2,000.00
1,000.00
Total Sewage Disposal Plant Fund •••••••••••• $ 3,000.00
BE IT FURTHER RESOLVED that the City Clerk-Treasurer be authorized
and directed to make such revisions in the 1962 budget structure and to
make revisions in totals and sub-totals accordingly.
ADOPTED AND APPROVED THIS 17TH day of December 1962 A. D.
~iLJ>-4~
v------r ~·Mayor --~ ----...-
COUNCIUtAN MILJiS'MOVED, COUNCIIMAN LOVE SECONDED, THAT THE
RESOLUTION BE ADOPTED AND APPROVED. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
622-101 CLARIFICATION OF DEED TO NOLLER
The City Attorney stated thatthe Title Inaurance company had
questioned the deed given to the City by the Noller• in connection
with the acquisition of right-of-way for the improvemen~f South
DoWning Street in the 3500 block. He stated that he had prepared
a deed at the requeat o f the Title Insurance Company which would
claify the title. He suggested that the Mayor and City Clerk· be
authorized to sign on behalf of the City.
COUNCIUtAN SMUKLER MOVED, COUNCILMEN MILES AND BRAUN SECONDED,
THAT THE ACTION SUGGESTED BY THE CITY ATTORNEY BB APPROVBD AND THAT
THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN A DEBO TO DEWEY H.
NOLLER AND SYLVIA F. NOLLER ON BEHALF OF THE CITY. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Love, Milea, Larker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
Minutes of December 17, 1962
622-102 RELATING TO JEFFERSON AVENUE AS ONE WAY STREBT
The City Manager reported that on March 26, 1962 a contract had been
entered into with the State Highway Department which provided for construct-
ion of a ramp by the Highway Department and that Weat Jefferson Avenue from
Acoma to Broadway would be one way and that parking be prohibited on that
section.
He stated that the Planning and Traffic Director had recommended the
consideration of a 90 day trial period during which time west Jefferson from
Bannock to Broadway would be designated one way. After auch time the City
Manager '#Ould recommend a bill for an ordinance eatabliahing the one way
street as required by our ordinances. Diacuasion enaued as to the affect
of the ramp on the traffic at the H ghway and South Bannock Street.
Councilman Smukler concurred in the proposal of the City Manager and
urged that left turns off of the Highway by traffic moving east and turning
northerly be continued until further notice. He reported that if such turns
were stopped all traffic needed to go up to Jefferson and Broadway then turn
left at Hampden or Floyd to reach the parking lot in Englewood downtown
business area. It would be a v~y bad situation. Discussion ensued.
Councilman Smukler reported tha he Englewood Unlimited Group was very close
to filing the petitions for est blishment of the Downtown Improvement
Distr i ct and he hoped that any action upon prohibiting left turns at South
Bannock and Highway 7 0 may be postponed until after these petitions are
filed. The Mayor sugg ested that the left turn cycles be incorporated into
the s 'g nals at Hampden and Floyd to facilitate such turns into the Park-N-
Shop parking lot as well as Englewood Business District.
The City Manager also reported that a short agreement was being draft-
ed for t h e use of a po r tion of the Commerce Park through which the ramp was
being constructed so that sledding purposes may be provided. He stated that
this action has been recommended the Parks and Recreation Commission and
t h at a simple agreement would be available for the next meeting.
622-103 GARBAGE CONTRACT FOR 1963
The City Manager stated that he had initiated negotiations for reneKal
of the Garbage Contract effective February 1, 1963. He stated that the pre-
sent rate of payment f or garbage collection is $1,950.00 per month. At this
mo ment negotiations seemed to indicate that one years extension would be
authorized at the same rate or extended for t h ree years at the rate of
$2,0 0 0.00 per year. Under the later proposal the contractor would secure
covered packer trucks f or use in collection throughout the City. The City
Manager commented that he was st i ll in the process of studying the pro-
posal but it seemed like the second proposal was to the City's Qest interest.
622-104 APPLICATION FOR RENEWAL OF LIOUUR LICENSE
The City Clerk read an application for Beer, Wine and Spirituous
Liquor License submitted by Silver Saddle Restaurant, Inc. located at
4595 South Santa Fe Drive, Englewood, received by him at 12:00 noon
December 13, 1962.
Mr. Richard Banta, Counsel for Mr. and Mrs. Willis E. Miller, officers
of the Silver Saddle Restaurant, Inc. spoke to the Council. He stated that
the Restaurant was presently closed but plans to reopen shortly after the
first of the year. He explained the proposed operation b y the new owners
and t h e conditions under which the lounge closed. Discussion ensued.
COUNCILMAN BRAUN MOVED, COUNCILMAN PARKER SECONDED, THAT THE APPLI-
CATION FOR RENEWAL OF LIQUOR LICENSE FOR SILVBR SADDLE RESTAURANT LOCATED
AT 45 95 SOUTH SANTA FE DRIVE, ENGLEWOOD, BE GRANTED. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Braun, Love, Milea, Barker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
622-11 TRFASURER'S REPORT FOR MONTH OF
NOVF.MBER, · 1962
COUNCI~ SMUKLER MOVED, COUNCILMAN WOODS SECONDED, THAT THE
TRFASURER'S REPORT FOR THE MONTH ENDING NOVBMBER 30, 1962 BE ACCEPTED.
Upon the call of the roll, the vote resulted as follows:
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Minutes o f December 17, 1 9 62
Ayes: Councilmen Braun, L o ve, Miles, P.arker, Smukler, Woods,
Brownewell.
Nays: None.
Absent: None.
The Mayor declared t h e motion carried.
622-81 PLEASANT VIEW SUBDIVISION
Mr. Glenn Helfer spoke to the Council on behalf of the owners of
Pleasant View 2nd filing. He discussed the recent determination by the
City Council that a $50,000.00 bond would assure the construction of a
street and road improvements in the subdivision was prohibitive. He
read from Chapter 21 of the City Code which set forth that a development
could be handled on a piece meal basis.
Councilman Braun emphasized that .the City did not want to have any
half paved blocks or streets. Mr. Helfer replied that each section will
extend from the north to south boundaries of the subdivision and not
have a dividing line along any street boundaries. In this manner
approximately $13,000.00 would be necessary for each of the four sections
until they were completed. The City Manager spoke for the proposal. Mr.
Helfer explained further that the development would progress from east to
west in order. Discussion ensued. The Mayor summarized the .discussion
by stating that the Council would favorably consider the proposed develop-
ment by east-west str i ps extending from north to south boundaries and that
such provision should be incorporated in the subdivision agreements re-
lating to utilities and street improvements.
MAYOR'S CHOICE
The Mayor asked discussion on the Citizens Advisory Committee re-
commendation. After discussion the matter was set for formal action at
the next reg ular meeting.
The Mayor reported that he had received a notice that dues to the
United States Conference of Mayors in the amount of $400.00 was due. Dis-
cussion ensued. The Mayor stated that he would notify the Conference of
the City's contingent interest.
The Mayor reported that the Chairman of the Parks and Recreation
Commission asked that court action on the South Suburban Metropolitan
Parks and Recreation District be expedited. The City Attorney reviewed
the results of a recent conference on this case.
The Mayor discussed recent developments with regard to a State-wide
Sales Tax being imposed for municipal and county purposes. He stated that
$28,000,000.00 was proposed to be distributed by county and state as
temporary means to help cities to meet highway costs until a sales tax was
enacted as proposed. He stated that this action was supported by the
Colorado State Association of County Commiaaioners and undoubtedly would
be proposed for the State Legislators action at the next session.
The Mayor reported that a meeting would be held on Tuesday,
December 18th at 7:30 P.M. at the Jefferaon County Commissioner's office
to discuss the proposed Municipal League annexation bill.
Councilman Parker inquired as t o the reason f or the three quarter vote
b y th e Counc i l on Zoning Ordinance amendment• where there is a counter peti-
t ion. The City Atto rney answered Counc i lman Park er's inquiry showing that
both the State Law and City Or dinance required such ma j or ity vote . Discus-
s ion ens u ed .
ADJOURN
COUNCILMAN BRAUN MOVED, COUNCIIMAN SMUKLER SECONDED, THAT THE MEETING
BE ADJOURNED. Upon the call of the roll, the v o te resulted as fol J ows:
Ay es: Councilmen Bra u n, Love . Miles. Parker, Smuk ler . Woods. BrownewelJ.
Nays: None .
Absent: None.
The Mayor dec l ared t h e meeting ad j o ur ned at 12:51 A.M .. Tuesday. December 18. 1962.
I•/ e. o . Beauaang . City Clerk
Clerk of the Council
The minutes o f t h e meeting of the City Counc i l of the City of Englewood,
Colo rado, held on the 17th day of December . l q 62 A.D., stand approved as
correc t ed t h i s 7th day ot Januar y . 1 9 63 A.D.