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HomeMy WebLinkAbout1970-03-02 (Regular) Meeting Agenda Packet. .. • - March 2, 1970 , Regular City Council Meeting • I • • • • <)."). 0-0 9P ~ "~ INTRODUCED AS A BILL BY COUNCILMAN, ___ ~~~~~~£~12L'~z::~·----~~~--------·-~~/~0~ r ~ ,, BY At7rHORITY ORDINANCE NO. / -, ')? '..( SERIES OF 1970 ·. (.() AN ORDINANCE ADOPTING AND APPROVING A PLAN OF ACQUISITION ·~'(-. NEGOTIATION AND PURCHASE OF THE ENGLEWOOD-LITTLETON-FORT LO~ BUS LINE; DESCRIBING THE PROPERTY TO BE ACQUIRED; THE FULL · PURCHASE PRICE TO BE PAID THEREFORE; THE METHOD OF PAYMENT THEREOF; AUTHORIZING AND DIRECTING APPLICATION FOR FEDERAL ASSISTANCE; AND AUTHORIZING INTER-GOVERNMENTAL AGREEMENTS. WHEREAS, the Englewood-Littleton-Fort LOgan Bus Line being wholly-owned and operated by Ernest Herbertson of Englewood, colorado has maintained a Scheduled Bus Transporta- tion Service for the Cities of Englewood, Littleton, Sheridan, and the Fort LOgan area since June, 1967 operating under a Certificate of Public convenience and Necessity issued by the Public Utilities commission of the State of colorado being certificate No. 50, a copy of Which certificate is available for public inspection in the office of the City clerk, ex- officio, Director of Finance, of the City of Englewood; and WHEREAS, the City council of the City of Englewood after considerable period of investigation, consultation with Ernest Herbertson, adjoining municipalities and local governments, as well as conferences held with the agents of the Public Utilities commission, find that the cost of operation of said scheduled bus line is such that it appears likely that the owner and operator of said bus line may be required to abandon his operation, which abandonment, if effected, would cause the residents of the city of Englewood, as well as those residents of adjoining communities, to be left without any public scheduled transportation system available to them; and WHEREAS, in the event of abandonment and discontinuance of operation of the Englewood-Littleton-Fort LOgan Bus Line, considerable inconvenience and hardship would inevitably result to large numbers of residents of the City of Englewood, as well as the Cities of Littleton and Sheridan, as well as to those individuals who must be transported to Fort LOgan Hospital: THEREFORE, the City council of the city of Englewood, colorado finds and determines that the acquisition of an existing, scheduled transportation system would be in the public interest. NOW, THEREFORE, be it ordained by the City council, City of Englewood, Colorado as follows: section 1. That the city council of the City of Englewood, colorado hereby adopts and approves the following plan of ac- quisition of the Englewood-Littleton-FOrt LOgan Bus Line by negotiation and purchase, subject, however, to the approval of the majority of the Qualified Tax-Paying Electors of the city of Englewood, colorado at a Special Municipal Election to be held for that purpose, pursuant to the provisions o f chapter 139, Article 42, colorado Revised Statutes 1963, and the colorado Municipal Election Law, chapter 49, Article 22, /~ ._. ' . I • • ~~----------~------~---· - • colorado Revised Statutes 1963 as amended. Section 2 -PROPBRl'Y TO BE AC~UIRBD. The property to be acquired bY the city of EngelWOOd s as follows: a. All right, title and interest in and to Permit Ho. 50 issued by the Public Utilities commission of the State of colorado, June 29, 1967 insofar as the same authorizes both the transportation of passengers on s chedule within the boundaries of the Cities of Englewood, Littleton, Sheridan, the City and county of Denver, and the unincorporated areas of Arapahoe county, as well as the operation of charter bus service, as the same is authorized in said Permit, subject to the approval of the Public Util i ties commission of the State of colorado. b. The unrestricted possession and use of the existing buses of the Englewood-Littleton-POrt LOgan Bus Line as f ollows: one (1) General Motors corporation coach Ho. 3101 One (1) General Motors corporation coach Ho. 2708 one (1) General Motors corporation coach NO. 2900 Po s session and use of said General Motors corporation coache s to continue for such period of time as may be reas onably required to allow the City of Englewood to apply for and receive a federal grant in aid to replace s a i d buses, with either new or used buses, Which in the City council's judgment would be suitable replacement units for those now existing. c. The initial acquisition of not .are than three (3) new or used buses suitable for public transportation. The method of acquisition of said buses and the necessary equip- ment theref ore, shall be purchased pursuant to the procedures set out in Article 10, Part IV entitled •Purchases and sales• and dealing generally with the acquisition of per- sonal property through competitive bidding contained in section 111 through and including 118 of the Home Rule charter of the City of Englewood, colorado. d. The full purchase price of It .. (a) being the Public utilities commission Permit &o. 50, together with Item (b) dealing with the unrestricted right to possession and use of existing buses of the Englewood-Littleton-POrt Logan Bus Line, shall not exceed the total sum of FIVE THOUSAND DOLLARS ($5,000.00). e. The full purchase price to be paid by the city of Englewood for three (3) suitable buses, or a lesser number as contained in Item (c) above, shall not exceed the total sua of SIXTY-SIX TBOUSABD DOLLARS ($66,000.00). Section 3. MBTBOD OP PAYIIBlft. The total obligation of the City of Englewood, coloradO for acquisition of the scheduled transportation syst.. shall not exceed the total sum of SEVENTY- ONE THOUSAND DOLlARS ($71,000.00) and the method of payment -2- I • • , • therefore shall be as follows: a. That of the FIVE THOUSAND DOLLARS {$5,000.00) or less to be payable for Items {a) and (b), Section 2 above, shall be made from appropriations from the general revenues of the City and then only from the unappropriated surplus presently available. b. That of the SIXTY-SIX THOUSAND DOLLARS {$66,000.00) or less payable for Item (c), Section 2 above, being the acquisition of not more than three (3) buses, shall be made from appropriations from the gener~l revenues of the city, and then only from unappropriated surplus, presently available. Section 4. FEDERAL ASSISTANCE. That in the event of approval of the above plan of acqu1sition the Qualified Tax- Paying Electors of the city of Englewood, colorado at a Special Municipal Election to be called for that purpose, the city of Englewood, or the city of Englewood jointly with other LOcal Government units affected, shall forthwith cause an application to be filed with the united States Department of Transportation to obtain a grant in an amount equal to FORTY-FOUR THOUSAND DOLLARS t$44,000.00) to assist in the purchase of not more than three (3) suitable buses to be put into operation. Section 5. INTER-GOVERNME!fl'AL CORTRACTS. The City of Englewood, colorado may bY governmental contract enter into a contract agreement or contract agreaaents with the city of Littleton, colorado and with other local governments, in- cluding any Transportation Authorities, whereby the cost of acquisition of replacement buses over and above the amount to be defrayed by federal grant or assistance and operating costs of the Bus System shall be borne and shared by such LOcal Governments upon an equitable basis. Additionally, the city of Englewood, colorado may enter into contractual agreements with any LOcal Government units, Transportation Authorities or District, for the integration of or joint operation of a scheduled mass transportation system within the Denver Metropolitan Area in order to achieve a more effective and convenient scheduled bus transportation system for the residents of the City of En g lewood, colorado and sur- rounding areas. Any such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the contracting parties and shall be approved by its legislative body or other authority having the power to enter into or approve such contracts . the Introduced, read in f~l and pass ed on first reading on !& day of 64...-:<2'4 ~ , 1970 ~shed as a Bill for an ord~ance on the ~$? day _&:d: ~4 /-' , 1970. / of day Rea~ br t~tle and passed on final reading on the ~·>4~~~--- of 2 .< .r/ l(/>, , 1970. Publi shed ~ t i tle a s Ordinance 110. , 2 , s e r i e s o f 19 7 0, on th e day of ~2 }-; 'c/lr--,~---,...,.1970. continued • • , .. • ATTEST: c·~ I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of an Ordinance passed on ~inal reading and published by title as Ordinance No. , Series of 1970. --------~------- Attest: -4- I • • • RESOLI1l'ION NO. --~~~~-----·SERIES OF 1970 A RESOLtJriON CALLING A SPECIAL ELECTION TO BE HE!W ON MAY 5, 1970, AND SUBMI'l'TING TO THE QUALIFIED TAX-PAYIN~ ELECTORS OF THE CITY OF ENGLEWOOD FOR THEIR APPROVAL 0~ DISAPPROVAL ORDINANCE FOR THE ACQUISITION OF THE ENGLEWOOD-0 LITTLETON-FORT LOGAN BUS LINE. c 0 WHEREAS, the city council has approved a plan of ac~~ quisition of the Engl~d-Littleton-Fort LOgan Bus Line ~ by Ordinance No. ~ , Series of 1970, duly passed and published pursuant to law and · WHEREAS, Chapter 139, Article 42, S e ctions 1 and 2, c olorado Revised Statutes, 1963 as amended, requires that s uch ordinance be approved by a majority of the Qualified Tax-Pay i n g Electors of the city of Englewood prior to the a c q uisition of said public utility. NOW, THEREFORE, BE IT RESOLVED by the City council of the city of Englewood, colorado as follows: 1. That Ordinance No. adopting and approving a plan wood-Littleton-Fort LOgan Bus Qualified Tax-Paying Electors an election to be held on the ~ , Series of 1970 or acquisition of the Engle- Line be submitted to a vote of the of the city of Englewood, colorado, 5th day of May, 1970. BE IT FURTHER RESOLVED that the Election commission and the City clerk-Treasurer of the City of Englewood are hereby author- ized and directed to give such notice as is required by law to the Qualified Tax-Paying Electors of the City of Englewood. THAT the question of the adoption and approval of the afore- said ordinance shall be voted upon at a Special Municipal Elec- tion to be held on the 5th day of May, 1970 and to take or cause to be taken such other further and additional action in regard thereto as is prescribed by law, charter provision, or ordinance to arrange for and to conduct the vote upon said question. Adopted and approved this 2nd day of March, A.D., 1970. ATTEST: I, Stephen A. Lyon, ex officio city clerk-Treasurer, do hereby certify that the foregoing is a true, accurate and complete copy of Resolution NO. S , Se~s of 1970, passed by city council on the J day of 2Z/!)({!/! / • 1970 Attest: e x I • • • ------------------,.------------~----------------~----------------------~------ ----~~------SERIES OF 1970 ~~ 0. t~ RESOLUTION NO. RESOLUTION APPROVING PARTICIPATION BY LOCAL HOUSIN6 ' OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM 1. \ ( \ WHEREAS, under the provisions of section 101 of tW. Housing and Urban Development Act of 1965, the Secreta~~ of Housing and Urban Development is authorized to enter o \' into contracts to make rent supplement payments to cer-~ tain qualified housing owners on behalf of qualified · l~income families who are elderly, handicapped, dis- placed, victims of natural disaster, or occupants of substandard housing: and WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in certain localities unless the governing body of the locality has by resolu- tion given approval for such participation in the Federal Rent Supplement Program: NOW, THEREFORE, be it resolved by the city counc i l of the city of Englewood, colorado as follows: Section 1 Approval is hereby granted for participation in the Federal Rent Supplement Program by qualified housing owners of property located in the city of Englewood, colorado. ADOPTED AND APPROVED this __ _.,;:(""-.., ___ day of 1970. ATTEST: I, Stephen A. Lyon, ex officio City clerk-Treasurer, do hereby certify that the foregoing is a true, accurate and complete copy of Reaolution No. :i' , Serfes of 1970, paaaed by city council on the .......2__day o f /12 v;,Q , 1970. Attest: . ..-. I • • , • • • 8 :00P.M. • AGENDA FOR REGULAR COUNCIL SESSION MARCH2, 1970 #.. Call to order, invoc ation by the Rev. Riel!:& d iheuaan of the Covenant Baptist fltmrs.b, pledge of allegiance led by Boy Scout Troop 153, and roll call. 1. Minutes. (a) Regular meeting of February 16, 1970. (Copies trans - mitted herewith.) (b) Public hea ring of February 23, 1970 . (Copies trans- mitted herewith.) 2. Pre-scheduled citizens and visitors. (a) Recognition of "special guests " of the Council. (b) Presentation of tokens of esteem to retiring members of various Boards and Commissions. (c) Mr. Harold Rust, manager Englewood office of the Public Service Company, will be present to present a franchise check. 3. Communications. (a) Memorandum from Stephen A. Lyon, Director of Finance, and Kells Waggoner, Director of Public Works, to Mr. Stanley H. Dial, City Manager, dated February 25, 1970, regard ing traffic signal support poles. (Copies transmitted herewith.) (b) Minutes of the Planning and Zoning Commission meeting of February 3 , 1970. (Copies transmitted herewith.) (c) Minutes of the Planning a nd Zoning Commission meeting of February 17, 1970 . (Copies will be available at a later da te. ) (1) Memorandum recommending the approval of a r esolution of participation in the Federal rent supplement program. (d ) Minutes of the Board of Adjustment and Appeals meeting of January 14, 1970. (Copies transmitted herewith .) (e) Minu tes of th e Board of Career Service Commis- sioners meeting of February 19, 1970. (Copies tran smitted herewith.) (I ) Memorandum recommending that the position of Fire Records Clerk, Grade 16, be upgraded and th title changed to Fire Records Specialist, Grade 18. (2) Memorandum recommending that Resolution No . 44, Series of 1969, be amended to s ubst i- tute the title of Assistant Ch ief to Deputy Chief with the pay level remaining the same . (Continued) I • • • • • AGENDA FOR REGULAR COUNCIL SESSION MARCH 2, 1970 Page2 4. City Attorney. (a) Bill for an Ordinance establishing a storm drainage and flood control fee. (Copies transmitted herewith.) (b) Bill for an Ordinance a ssessing costs for Sidewalk Improvement District No. 69. (Copies will be avail - able at the session.) (c) Bill for an Ordinance establishing the Municipal Court as a Court of Record. (Copies transmitted herewith.) (e) Ordinance on final reading (copies previously trans- mitted) authorizing the acquisition of a public trans- portation system and resolution (copies transmitted herewith) calling for an election. (f) Attorney 's choice. 5. City Manager. (a) Reminder to appoint an alternate to the Denver Regional Council of Governments . (b) Paving District No. 19. (1) Review of public hearing. (2) Bill for an Ordinance creating Paving District No. 19. (Copies will be avail a ble at the session.) (c) Financi a l report for the month of January. (Copies transmitted herewith. ) (d) Report regarding need to update the City's storm drainage plan. (e) Manager's choice. 6. Recognition of non-scheduled citizens and visitors. 7. General discussion. (a) Mayor's choice. (b) Councilman's choice. STANLEY H. DIAL City Mana ger SHD /ij • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORA DO MARCH 2, 1970 REGULAR MEETING : The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 2, 1970 at 8:00 P .M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Allen Strong o f the Englewood First Un~ted Presbyterian Church . Pledg e of All egi an ce was led by Boy S cout Troop 153. Th e Ma yor asked for roll call . Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Lay , Lone, Senti , Schwab. Absent: Councilman Kre~ling. The Mayor declared a quorum present. Also pres e nt were: City Manager Dial, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED , THAT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 16 , 1970 AND OF THE PUBLIC HEARING, FEBRUARY 23, 1970, BE APPROVED AS READ . Upon the call of the roll , the vote resulted as follows : Schwab. Aye s: Councilmen Brown, Dhority, Lay, Lone , Sent~, Nays : None. Absent: Councilman Kreiling. Th e Ma yor declared the motion carried. * * * * * * Mayor Schwab recognized the foll owing citizens from the list of "Special Citizen Progr2m Invitees": Mr. and Mrb . Adolph Lukezic, 4548 South Bannock Street Mr. and Mrs . E. J. Kebba, 4660 South Mariposa Street Mayor Schwab recogn~zed the follow~ng members of the var~ous boards and commissions of the City for their service and asked hem to step forward: Board or Commission Name Years of Service Planning & Zoning Comm~ss~on c. K. Touchton 7 Board of Adjustments & Appeals Dudley Pitchford 4 Publi c Library Board Muriel Smith 4 El ection Commission Harry Fleenor 6 I • • .. • • -2- Ma yo r Schwab me n tioned th at Mr . Russ Woods and Doctor Walsh, who were unable to attend, had served eight years on the Firemen's Pension Board and two years on the Publ ic Library Board respectively. Mayor Schwab recognized Mr. Herman Oliner for his ser- vice on the Water and S ewer Board . Mr. Schwab presented Mr. Oliner with a plaque and stated th a t he had served on the Board for over ten years , 1948 to 1970 . Mayor Schwab recognized Mr. L. L. Brownewell and Mr. R. F . Frantz, who we r e unable to attend, for their service on the Water and Sewer Board. Mr. Schwab stated th a t both of these gen tlemen had served over ten years on the Board. * * * * * * Mr. Ha r old Rust , manager of the Englewood office of the Public Service Comp any , appe a red before City Council and presented a f ran chise check for the preceding six months i n the amount of $40,554 .67 . * * * * * * Ma yor Schwab stated that he had received two petit1ons in regard to the pavi ng of the 4200 block of South Huron Street; one requesting th a t the block be withdrawn from Paving Di str1ct No. 19, and the other requesting that it remain i n the District. COUNCILMAN SENTI MOVED, COUNCILMAN LONE SECONDED, THAT THE 4200 BLOCK OF SOUTH HURON STREET REMAIN WITHIN PAVING DISTRICT NO. 1 9 AND THAT THE STREET TAPER FROM 44 FEET WIDE DOWN TO 36 FEET WIDE. Discussion ensued . Mr. Augus t F. Po ttho ff, 4254 South Huron, appeared before City Counc il and obJected to the improvemen t of the 4200 block of South Huron Street as proposed . Director of Public Works Wa ggoner appeared before City Council and expl a ined the taperi ng of the street from 44 feet to 36 feet in width. Upon the c all of th roll, the vote resulted as follows: Schwab. Ayes: Councilmen Brown , Dhority , Lay , Lone , Senti, Nays: None. Abs ent : Councilman Kreiling . The Ma yo r declared the motion c arr ied. City Counc1l discussed the paving of the 000 block of East Lehigh in Paving D1str1ct No. 19. City Manager Dial 1nd1cated that survey informat1on had been received from Mr. Dave Nicholl, Arapahoe County Surveyor, ind1cat1ng that the garage owned by Mr. L. Norval Pearce, 3801 South Lincoln Street, was one foot on the City's right-of-way. Mr. Dial stated that construct1on of a street 44 feet in w1dth would mean the relocation or removal of Mr. Pearce 's cha1n link fence and shrubbery. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDE D, THAT THE 000 BLOCK OF EAST LEHIGH BE LEFT IN PAVING DISTRICT NO. 19 AND THAT THE DIRECTOR OF PUBLIC WORKS' DRAWINGS BE AMENDED IN SUCH A MANNER TO CAUSE THE STREET CONSTRUCTION TO BE SHIFTED TWO FEET SOUTH FROM THAT PRESENTLY PROPOSED. • f - • -3- Mr. Richard Banta, Jr ., attorney representing Mr. L. Norval Pearce, appeared before City Council and indicated that he had not yet seen the survey and requested that Council delay its action until such time as the survey is reviewed by his office and the map is checked. Mr. Banta stated that he wanted time to consider bo th the survey and motion presently before City Council insofar as it affected his client. Director of Public Works Waggoner appeared before City Council and exp lained the effect of the relocation of the street . Upon the call of the roll, the vote resulted as follows: Schwab. Ay es: Councilmen Brown, Dhority , Lay, Lone, Senti, Na ys: None . Absent: Councilman Kreiling. The Ma yor declared the motion carried. City Council discussed the width of walk to be used on Grant Street. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT A FOUR-FOOT WALK BE INSTALLED ON GRANT STREET AS PER THE RECOM- MENDATION OF THE DIRECTOR OF PUBLIC WORKS. Mr. Charles Marmon , 3849 South Grant, appeared before City Council and expressed his concurrence with a four-foot wide walk. Upon the c all of the roll, the vote resulted as follows : Schwab. Ayes: Councilmen Brown, Dhority , Lay, Lone, Senti, Nays : None. Absent: Councilman Kreiling. The Mayor declared the mot ion carried . COUNCIL MAN LAY MOVED, COUNCILMAN DHORIT Y SECONDED, THAT THE ALLEY EAST OF SOUTH BROADWAY FROM THE SOUTH SIDE OF EAST LEHIGH TO THE NORTH SIDE OF EAST MANSFIELD BE DELETED FROM PAVING DISTRICT NO. 19. Upon the call of the roll, the vote resulted a s follows: Schwab. Ayes: Councilmen Brown, Dhority , Lay, Lone, Senti, Nays: None . Absent: Councilman Kreiling. The Mayor declared the motion c arried. City Council discussed the drainage in the 3900 block of South Grant Street insofar as whether Paving District No. 19 would affect said drainage . Director of Public Works Waggoner appeared before City Council and explained the plans to improve the drainage situation in that area in conjunction with the construction of Paving District No. 19. Mr. Jim Buckel, represent~ng Mr. George Buckel, 3950 South Grant, appeared before City Council and explained th drain- age problem in the area. Mr. Buckel indicated that he was objecting \ l 'r • • ' • -4- to the paving of the street before any solution to the drainage was obta i n ed . Director of Public Works Waggoner reported on soil tests in the 300 block of East Nassau. Mr. Waggoner indicated that four tests had been mad e an d in all locations the conditions were such as to warrant n e w construction. * * * * * * Introduced as a Bill b y Councilman Brown and read in full, A BILL FOR AN ORDINANCE ESTABLISHING STORM DRAINAGE AND FLOOD CONTROL DIVISION TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF ENGLEWOOD; ESTABLISHING STORM DRAINAGE AND FLOOD CONTROL FEES; AUTHORIZING THE CREATION OF LIENS FOR NON- PAYMENT OF SAID FEES; AND SEGREGATING SAID FUNDS FOR THE USE OF STORM DRAINAGE AND FLOOD CONTROL ONLY. COUNCILMAN BROWN MOVED, COUNCILMAN LONE SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE . City Manager Dial stated that the bill for an ordinance before Council had been drafted by City Attorney Berardini on the basis of the Aurora ordinance and that he recommended that a number of changes be made to the bill before its passage b y the City of Englewood. Councilman Brown spoke in favor of the proposed bill. COUNCILMAN LONE MOVED, COUNCILMAN SENTI SECONDED, THAT THE FOLLOWING AMENDMENTS AS PROPOSED BY THE CITY MANAGER BE MADE TO THE BILL FOR AN ORDINANCE: l. SUB-CHAPTER 8.11-2, THE WORD "UTILITY" BE CHANGED TO "DIVISION." 2. SUB-CHAPTER 8.11-3, THE WORDS "OR TAP" BE ADDED AFTER "EACH WATER METER." 3. THE STORM DRAINAGE FEES BE CHANGED TO: SIZE STORM DRAINAGE FEE 5/8 INCH $ 1.50 PER MONTH 3/4 INCH $ l. 5 0 PER MONTH 1 INCH $ 3.75 PER MONTH 1 1/4 INCH $ 6.00 PER MONTH 1 1/2 INCH $ 8.60 PER l>IONTH 2 INCHES $ 8.60 PER MONTH 3 INCHES $ 8.60 PER MONTH 4 INCHES $15.00 PER MONTH 6 INCHES $15.00 PER MONTH PLUS $.75 FOR EACH ADDITIONAL OCCUPANT OR AVAILABLE UNIT OF SPACE FOR OCCUPANCY. 4 . SUB-CHAPTER 8.11-3, SECTION (D), THE WORDS "OR TAP SIZE" BE ADDED AFTER "EQUIVALENT METER SIZE." 5 . SUB-CHAPTER 8.11-3, SECTION (E) BE ADDED WHICH STATES, "THE BILLING SHALL BE ON THE FREQUENCY OF UTILITY BILLING IN EFFECT AT ANY GIVEN TIME ." 6 . SUB-CHAPTER 8.11-4, SECTION (D), THE PHRASE "THE PUBLIC WORKS DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED TO" BE DELETED AND THE PHRASE "THE CITY MANAGER IS HEREBY AUTHORIZED I • • ' • • -5- AND DIRECTED TO SEE THAT THE APPROPRIATE MUNICIPAL OFFICIAL OR DEPARTMENT SHALL" BE ADDED. 7. SUB-CHAPTER 8.11-5, THE PHRASE "ACCOUNT OF THE PUBLIC WORKS DEPARTMENT" BE DELETED AND THE WORD "FUND" BE ADDED. 8. SUB-CHAPTER 8.11-5, SECTION (A), THE PHRASE "ACCOUNT WITHIN THE PUBLIC WORKS DEPARTMENT " BE DELETED AND THE WORD "FUND'' ADDED, AND THE PHRASE "NOR SHALL THE SAME BE TRANSFERRED TO ANY OTHER DEPARTMENT OF THE CITY" BE DELETED . 9 . SUB-CHAPTER 8.11-5 , SECTION (B), THE PHRASE "FOR THE EXPENDITURES IN THE PUBLIC WORKS DEPARTMENT" BE DELETED. Upon the c all of the roll, the vote resulted as follows: Schwab. Ayes: Councilmen Brown, Dhority , Lay, Lone, Senti , Nays: None. Absent.: Councilman Kreiling. The Mayor declared the motion c arri ed . Mrs. Charles Henning, 3074 East Cornell Circle, appeared before City Council in support of the storm drainage ch arge incorporated within the bill. Mrs. Henning stated th at a g roup had been formed in support of improving the storm drainage situ- atio n . The group was calling itself, The Englewood Citizens for Storm Drainage and Flood Control. Mrs. Henning asked those in the audienc e who were supporting the storm drainage charge to show their hands. Forty-two people in attendance were in support of the measure. Mrs. Henning requested that the Hoskins' storm drainage report be upd a ted by an engineering firm , that the engineering firm state the priorities for the development of the storm drainage program particularly if the program is on a pay- as-you-go basis instead of bonds, and that federal funds for the storm drainage construction be sought by the City Council. Mrs. Henning offered the support of her group in the storm drain- age matter. Upon the call of the roll on the original mot1on, the vote resulted as follows : Schwab. Ayes: Councilmen Brown, Dhority , Lay, Lone, Sent i , Nays: None . Absent: Councilman Kreiling. The Mayor declared the motion carried . * * * * * * A memorandum from Stephen A. Lyon, Director of Finance, and Kells Waggoner, D1rector of Public Works, to Mr. Stanley H. Dial, City Manager , regard1ng traffic s1gnal support poles was received for the record . City Manager Dial stated that it was his recommendation that the span w1re poles for the school crossing traffic signal program be award ed to Amer1can Pipe and Supply as lowest and best and that the other low bidders on the add1tional equ1pment for the school crossing raffic signals be also awarded as bid. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE AWARD OF THE TRAFFIC SIGNAL EQUIPMENT BE MADE IN THE FOLLOWING MANNER: • • \ I I ' '!' • • • CABLES POLES CONDUIT ELLS STRAND WIRE BELDEN WIRE SPA N WIRE • -6- GADES SALES COMPANY AMERICAN PIPE AND SUPPLY RYALL ELECTRIC MINE & SMELTER RYALL ELECTRIC GADES SALES COMPANY MINE & SMELTER Upon the call of t h e roll , the vote resulted as follows: Schwab. Ayes : Councilmen Brown, Dhority , Lay, Lone, Senti, Nays: None. Absent: Councilman Kreiling. The Mayor declared the moti on carried. * * * * * * The minutes of the Planning and Zoning Commission meetings of February 3 and 17, 1970 were received for the record. A memorandum recommending the approval of a resolut io n of parti- cipation in the feder~l rent supplement program was at t ached to the February 17, 1970 minutes. RESOLUTION NO. 4, SERIES OF 1970 RESOLUTION APPROVING PARTICIPATING BY LOCAL HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT RESOLUTION NO. 4, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Schwab. Ay e s: Councilmen Brown, Dhority , Lay , Lone, Senti , Nays: None . Absent: Counci lman Kreiling. The Mayor declared the motion carried. * * * * * * The minutes of the Board of Ad j ustment and Appeals meeting of January 14, 1970 were received for the record. * * * * * * The minutes of the Board of Career Service Commissioners meeting of February 19, 1970 were recei ved for the record wi th two memorandums a tta ched . The first memorandum recommended that the pos ition of the Fire Records Clerk, Grade 16, be upgraded and the title changed to Fire Records Specialist, Grade 18 . The second r ecommended that Resolution No. 44, Series of 1969 be amended to substitute the title of Assistant Chief to Deputy Chief with the pay level rema ining the same. Fire Chief Hamilton appeared before City Council and discussed the reorgani za tion of the Fire Department. Mr. Hamilton stated th a t the two recommendations of the Board of career Service Commissioners were c onsistent with his plans for reorganization of the Fire Department, and he so recommended them . Disc ussion ensued. • ' • • -7- COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED , THAT THE RECOMMENDATIONS OF THE BOARD OF CAREER SERVICE COMMISSIONERS BE ADOPTED BY TH E CI TY COUNCIL AND THAT THE CITY ATTORNEY BE DIRECTED TO DRAW UP THE NEC ESSARY RESOLUTION TO BE AVAILABLE AT THE NEXT CITY COUNCIL MEETING. Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Brown, Dhority , Lay, Lone, Senti, Schwab. Na y s : None. Absent: Councilman Kreiling. Th e Ma yo r declared the motion carried. * * * * * * Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVE- MENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 69 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPOR- TIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT ; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENTS . COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the ca ll of the roll, the vote resulted as follows: Ayes: Coun cilmen Brown, Dhority, Lay , Lon e , Sen ti, Schwab. Nays: None. Absen t : Counci lman Kreiling. The Mayor declared the motion carried. * * * * * * Introduced as a Bill b y Co uncilman Dhority and read i n full, A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING SECTION 18.9 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD; CREATING A QUALIFIED MUNICIPAL COURT OF RECORD BY PROVIDING FOR THE KEEPING OF A VERBATI M RECORD OF PROCEEDINGS. COUNCILMAN DHORI TY MOVED , COUNCILMAN LONE SECONDE D , THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERE D PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE . Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the mo ion carried. * * * * * • , • • • • -8- BY AUTHORITY ORDINANCE NO. 5, SERIES OF 1970 AN ORDINANCE ADOPTING AND APPROVING A PLAN OF ACQUISITION BY NEGOTIATION AND PURCHASE OF THE ENGLEWOOD- LITTLETON-FORT LOGAN BUS LINE; DESCRIBING THE PROPERTY TO BE ACQUIRED; THE FULL PURCHASE PRICE TO BE PAID THEREFORE; THE METHOD OF PAYMENT THEREOF; AUTHORIZING AND DIRECTING APPLICATION FOR FEDERAL ASS I STANC E; AND AUTHORIZING INTER-GOVERNMENTAL AGREE-MENTS. (C opied in full in the offici al Ordinance Book .) COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 5 , SERIES OF 1970 BE PASSED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Schwab. Ayes: Councilmen Brown, Dhori ty , Lay , Lone , Senti , Nays: No n e . Absent: Co unci lman Kr ei ling. The Ma y or declared t he motion carried. * * * * * * RESOLUTION NO. 5 , SERIES OF 1970 A RESOLUTION CALLING A SPECIAL ELECTION TO BE HELD ON MAY 5, 1970, AND SUBMITTING TO THE QUALIFIED TAX-PAYING ELECTORS OF THE CITY OF ENGLEWOOD FOR THEIR APPROVAL OR DISAPPROVAL ORDI- NANCE FOR THE ACQUISITION OF THE ENGLEWOOD-LITTLETON-FORT LOGAN BUS LINE. (Copied in ful l in the official Resolution Book .) COUNCILMAN DHOR ITY MO VE D, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO . 5 , SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll , the vote resulted as follows : Schwab. Ayes : Councilmen Brown, Dhority , Lay, Lone , Senti, Na ys : None. Absent: Councilman Kreiling. The Mayor declared the motion c a rried. * * * * * * City Attorney Berardini presented a status report on various litigation which had been h an dled by former City Attorney Criswell, submitted by Mr . John A. Criswell, March 2 , 1970 . * * * * * * City Attorney Berardini indicated that a potential rat infestation h a d been found on the Miller property, 4089 South Acoma, and requested approval to seek a temporary restraining order which would allow for the cleaning of the property. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY ATTORNEY PROCEED TO OBTAIN A TEMPORARY RESTRAINING ORDER IN ORDER TO GET THE MILLER PROPERTY CLEANED AND THE HEALTH HAZARD AND RAT INFESTATION REMOVED. Upon the call of the roll, the vote resulted as follows: I • f • • • • -9- Schwab. Ayes: Councilmen Brown, Dh ority, Lay, Lone, Senti, Nays: Non e . Absen t : Councilman Kreiling. The Mayor declared the motion carried . * * * * * * City Atto rney Berardini indicated that an ordinance conc erning the creation of a city forester and an ordinanc e con - cerning parking of large vehic les were in draft and would be pres e nted at the n ext City Council me etin g . * * * * * * COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT COUNCILMAN DHORITY BE APPOINTED AS THE CITY'S ALTERNATE TO THE DENVER REGIONAL COUNCIL OF GOVERNMENTS. Upon the call of the roll, the vote resulted as fo llows: Ayes: Councilmen Brown, Lay , Lone, S e nti, Schwab. Nays: None. Abstain: Councilman Dhority . Abs e nt: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD , COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 19, ORDERING THE CONSTRUCTION THEREIN OF STREET AND ALLEY IMPROVE- MENTS; PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLIS HE D IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the r oll , the vote resulted as follows: Schwab. Ay es : Councilmen Brown, Dhority, Lay, Lone, Senti, Na ys : None . Absent: councilman Kreiling . The Ma yor declared the motion c arried • * * * * * * The financial report for the month of January was recei ved for the record. * ~ * * * * A report reg a rd1 n g the need to update the City's storm drainage plan was given orally by City Mana ger Dial. I • • ' • • -10- COUNCILMAN BROWN MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY PROCEED WITH THE EMPLOYMENT OF AN ENGINEERING FIRM TO STUDY AND UPDATE THE HOSKINS' STORM SEWER REPORT. Upon the call of the roll, the vote resulted as follows: Schwab. Aye s: Councilmen Brown, Dhori ty, Lay, Lone, Senti , Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried . City Manager Dial discussed the drainage problem of a Mrs. Peter A. Martinez, 3297 West Stanford. Mr . Dial indicated the alt ernatives which were necessary to solve the problem and stated that it was his recommendation that the work to solve the problem be accomplished with Paving District No. 19. It was the consensus of City Council that Mr. Dial's recommendation be accepted. * * * * * * City Manag er Dial stated that the half mill levy credit, road and bridge, would amount to $34,960 in 1970. Mr. Dial pre- sented a map of proposed seal coat and overlay of the City to utilize the half mill credit . Mr. Dial stated that this did not include any improvement to south Clarkson Street and he reviewed recent conversations with officials in Cherry Hills concerning the improvement of South Clarkson. City Council discussed possible improvements of South Clarkson from U.S. 285 to Belleview. * * * * * * City Manager Dial stated that he would begin negoti- ations of the Lamunyon lease of the green house on the property to be utilized by the f~re station . Mr. Dial requested th a t he be authorized to give notice of cancellation of the lease should it be necessary in the negoti a tions. It was the consensus of City Council that this permission be granted. * * * * * * City Manager Dial stated that Arapahoe Ma yo rs would be held on March 5 , 1970, and that the topic of discussion would be mobil e home parks . * * * * * * Mayor Schwab stated that Mr. Jerry Kelley of Von Frellick Associates Inc. through his working with the South Platte Area Regional Redevelopment Commission had obtained permission from the U .S . Corps of Engineers to relocate the trees at the Chatfield Drun site . Mr. Kelley offered the City first choice. * * * * * * Mayor Schwab stated his desire for a charter amendment at the Ma y 5 special election which would increase the size of the various boards and commissions of the City . * * * * * * • • ' • -11- Councilman Brown stated that there would be a public hearing on March 12 in the Community Room at 8:00 P.M. to discuss the movie being shown at the Gothic Theatre. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Schwab. Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried, and the meeting adjourned at 11:03 P.M. I • • • PUBLIC HEARING PAVING DISTRICT NO. 19 FEBRUARY 23, 1970 SPECIAL MEETING: The City Counc i l of the City of Englewood, Arapahoe County, Colorado, met in speci al session on February 23, 1970 at 8:00 P .M. Mayor Schwab, presiding, called the meeting to order and asked for roll call. Upon the call of the roll, the following were present : Schwab. Councilmen Brown, Dhority , Kreiling, Lay , Lone, Senti, Absent: None. The Mayor declared a quorum present . Also present were: City Manager Dial, City Attorney Berardini, City Clerk Lyon. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING ON THE FORMATION OF PAVING DISTRICT NO. 19 BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None . The Mayor declared the motion carried, and the public hearing opened at 8:02 P.M. (A tape recording of the public hearing is on file with the official records.) The following individuals appeared and items were read in regard to Paving District No. 19. Mr. Stanley H. Dial , City Manager . Mr . Kells Waggoner, Director of Public Works. Petition from property owners in the 3800 block of South Broadway and Lincoln Streets in opposition to the proposed District. Letter from Mr. Gurney A. Ulrich, 3861 South Lincoln, in opposition to the proposed District . Letter from Mr . and Mrs . Charles E . Campbell, 3865 South Lincoln in opposition to the proposed District. Letter from Mr. and Mrs. Delbert L. Campbell, 3897 South Lincoln, in opposition to the proposed District. Letter from Richard L. Banta, Jr ., attorney, representing Mr . L . Norval Pearce, 3801 and 380 5 South Lincoln Street, in opposi- tion to the proposed District . Letter from Mrs . C. Fults, 3866 South Broadway, in opposi- tion to the proposed District . Councilman Senti. Councilman Lone. • • \ l , - • • • • -2- Ma yor Schwab . South Elati Street Mrs . Ellis M. F armer , 3063 South Elati, in support of the proposed District . Mr . Richard A . Cloewer, 3080 South Elati, in suppor of the propos ed Distric t . Mr. Harland c . Glaser , 4435 South Elati , in support of the proposed Distric t . South Grant Street Mr. Marlin Frakes, 3768 South Grant, in opposition to the propo sed District . Mrs . w. I. Elliott , 3881 South Grant, in opposition the propos ed District . Mrs. C. C . Irwin, 3868 South Grant, in opposition to the proposed District. to Mr. Jesse E. Hill, 3704 South Grant, had a question on the proposed District. Mrs. Pauline MacArthur, 3839 South Grant, in opposition to the proposed District. Mr. G. F. Witte, 3775 South Grant, in opposition to the proposed District. Mr. c . L. Hendershott, 3759 South Grant , in opposition to the proposed District. Mr. L. H. Seele, 412 5 South Grant, in opposition to the proposed District. South Huron Street Mr. J. D. McConnell, 4245 South Huron , in opposition to the proposed District. Mr. Earl Grein, 4220 South Huron, in opposition to the proposed District. Mr. P. J. Spomer, 737 West Quincy , in opposition to the propos ed District. Mr . George McLaughlin, 4211 South Huron, in opposition to the proposed District. Mr. August F . Potthoff , 4254 South Huron, in opposition to the proposed District . Mr. Louis Ambrose, 4295 South Huron, had a question on the proposed District . Mr . Norval Fout , 4185 South Huron, had a question on the propos ed District . East Kenyon Avenue Mr . Lloyd Shelton , 3688 South Sherman, had a question on the proposed District. I • • f - • • -3- Eas t Leh~g h Avenu Norval Pearc , t o the pro poae Ba n a, a torney, representing Mr. and Mrs. a d 3805 So~ h Lincoln Street, in opposition Caper o , p o•ed Di • on East Nassa u Av (L er from Mr . Banta was received.) o rney , representing Mrs. Maude Lincoln , in opposition to the pro- , 38 01 Sou h Grant, h ad a question Mrs. John J . La y, 000 South Lincoln , in support of the proposed O i str ~c • Mr. Ch a lmers e Parker, 3996 South Grant , requested re-examination of his particular area. South Pennsylvan i a Street Mrs. L. Walker Warren, 4196 South Pennsylvania, had a question on the proposed Dis trict . East Princeton Avenue Mr. Lyle J . Bilger, 4195 South Clarkson, had a question on the proposed District. East Stanford Avenue Mrs. Charlis Bernhardt, 4501 South Clarkson, in opposi- tion to the proposed District. Mrs. Bernhardt presented a petition of property owners who were opposed to the District. The petition was received and read. West Tufts Avenue Mr. Carl G. Schneider, 3220 West Lake Avenue, in support of the proposed District. West Chenango Avenue Mr. Ferdinand Lauman, 4885 South Galapago, had a question on the proposed District. On Alley, East of South Acoma and East of South Broadway Mr. Gurney A. Ulrich, 3861 South Lincoln, in opposition to the proposed District . Mr. Ulrich also represented several property owners in this particul ar area. Mr. Ed Smith, 3818-3822 South Broadway, in s upport of the proposed District . Mayor Schwab c alled for a show of hands of those in the audienc e in favor or opposition to the paving of this particular section. Eleven were in opposition and two were in favor. Mrs. Winnie Strattford, 4085 South Grant, in opposition to the proposed District. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING BE CLOSED . Upon the call of the roll, the vote resulted as follows: Ayest Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti , Schwab. I • \ ! f • -4- Nays: None. Absent: None. The Mayor declared the motion carried, and the public hearing closed at 10:27 P.M. COUNCILMAN SENTI MOVED, COUNCILMAN LONE SECONDED, THAT THE MEETING BE ADJOURNED . Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab . Nays: Non e . Absent: None. The Mayor declared the motion carried, and the meeting adjourned at 10:28 P .M. ~JJ.ev2a. ~ ~ rnm.1r exilicio Cler Of the Council I • • - • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUARY 16, 1970 REG UL AR ME ETING: The City Council of the City of Englewood, County, Colorado , met in regular session on February at 8:00 P.M. Mayor Schwab, presiding, ca lled the meeting to order. The invocation was given by Reverend Richard A . Westwick of the Bethany Lutheran Church. Pledge of Allegiance was said. The Mayor asked for roll call. Upon the call of the roll, the following were present: Schwab. Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Abs ent : None. The Mayor declared a quorum present. Also present were: City Manager Dial, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN LAY MO VED, COUNC ILMAN DHORITY SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 2 , 1970 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes : Councilmen Brown, Dhority, Kreiling, Lay, Lone , Senti, Schwab. Nays: None. Absent: None. The Mayor decl ared the motion carried. * * * * * * Councilman Dhori ty introduced Mr. Lewis Igleheart of Las Cruces, New Mexico. * * * * * * Mr. Lee Saltzman , represen ting U ToteM, 123 East Belleview, appeared before City Council to request renewal of their 3.2 beer license. COUNCILMAN LAY MO VED, COUNCILMAN DHORITY SECONDED, THAT THE 3.2 BEER LICENSE OF U TOTEM, 123 EAST BELLEVIEW, BE RENEWED FOR A PERIOD OF ONE YEAR BEGINNING ON MARCH 20, 1970. Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent : Non e . The Mayor declared the motion carried. * * * * * * • I ( '! • • ' • • • • -2- Mr. John A. Criswe ll, attorney , 3755 South Broadway, representing Mr. Leslie E. Howe of the Sport Bowl, 3295 South Broadway, appe ared before City Council to make application for a 3 .2 beer l icens e . Mr. Criswell presented the application and introduced Mr. Howe to the City Council. Mr. Criswell stated that a s was customary he would circulate the petitions within a six block radius of the place of application. After discus sion it was determined that it would not be necessa ry to circulate the petitions in the area south of u.s. 285. COUNCILMAN KREI LING MO VE D, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING ON THE APPLICATION OF THE SPORT BOWL FOR A 3.2 BEER LI CEN SE BE SET FOR 8 :00 P.M., MARCH 16, 1970. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN LAY MOVED , COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING REGARDING ASSESSMENTS FOR SIDEWALK IMPROVEMENT DISTRICT NO. 69 BE OPENED. Upon the call of the roll, the vote resulted as fol lows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None . Absent : None . The Mayor declared the motion carried, and the publ ic hearing opened at 8:27 P .M. (A tape recording of the publ i c hearing is on file with the offici al records.) City Clerk Lyon read three letters of protest from the following individuals: Mr. Virgie E. Gallagher , 2901 South Acoma Mr. David D. Tafoy a, 3101 South Cherokee Mr. and Mr s . Herbert C. Hall, 2900 South Acoma Mr. Alvin Watson, 3045 South Acoma, appeared before City Council in regard to his assessment for sidewalk improve- ments . Director of Public Works Waggoner appeared before City Council and discussed Sidewalk District No. 69 and the complaints received. Discussion ensued. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECOND ED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. I ! ! I • • ' • • -3- The Mayor declared th e motion c arried, and the public hearing closed at 9:0 4 P.M. COUNCILMAN DHORI TY MOV ED, CO UNCILMAN LAY SECONDED, THAT THE CITY REDU CE THE ASSE SS ME NTS OF MR. AND MRS. HERBERT C. HALL, 2900 SOUTH ACOMA, BY $19 .06 AND MR. ALVIN WATSON, 3045 SOUTH ACOMA, BY $20.05. Upon the c a ll of the roll , t h e vote resulted as follows: Aye s: Councilmen Brown , Dh ority, Kreiling, Lay, Lone, S e nti, Schwab. Nays: Non e . Abs e n t : None . The Mayor dec lared t he motion c a r r i ed. * * * * * * Th e minute s of t he Planning and Zoning Commission meeting of January 20, 1970 were rec e ived for the record. * * * * * * A me morandum from Stephen A , Lyon, Director of Finance, regarding election results to the Employees' Retirement Board was received for t he record. * * * * * * A memorandum from Mrs. Dorothy Romans, Planning Director, regarding Planning Commiss i on office rs was received for the record. * * * * * * The Ci t y Manager's r e port for the year ending 1969 and for t h e peri o d from October t hrough December, 1969 was received for t he r e cor d . * * * * * * Introduced a s a Bi ll b y Councilman Dhority and read in full , A BILL FOR AN ORDINANCE ADOPTING AND APPROVING A PLAN OF ACQUISITION BY NEGO T IAT I ON AND PURCHASE OF THE ENGLEWOOD-LITTLETON-FORT LOGAN BUS LINE , DES CRIBING THE PROPERTY TO BE ACQUIRED; THE FULL PURCHASE PRI CE TO BE PAID THEREFORE; THE METHOD OF PAYMENT THEREOF, AUTHORIZ- ING AND DIRECTING APPLICATION FOR FEDERAL ASSISTANCE, AND AUTHORIZ- ING INTER-GOVERNMENTAL AGREEMENTS . City Council di s cussed whether o r not the provision rel a ting to limiting the vote on the bus sy s t em to qu a lified tax- paying electors should be reworded to allow for a vote of qualified electors only. City Manager Di a l reported at the conclusion of the discussion it wa s the consensus tha t the vote should be limited to qua lified taxpa yers . Mr . Di a l indica ted tha t the Colo rado Public Utilities Comm ission h a d a ppr oved a n i n crea se in the b u s f a re from $.35 to $.45 . COUNCIL MA N DHORI TY MO VED , COUNCI LMAN LONE SECONDED, THAT THE BILL F OR AN ORDINANC E BE PASS ED ON FI RST READING AND ORDERED PUBLISHED IN FULL IN THE ENG LEWOOD HERALD AND ENTERPRISE. Upon the cal l of the roll, the vote resulted a s fo llows : Ayes : councilmen Brown, Dho ri ty , Kre i l i n g , Lay , Lone, S enti , Schwab . \ I ~ ' • • • • • -4- Na y s: No n e . Ab sent: No n e . The Ma yor dec lared the motion carr ied. * * * * * * City Attorn ey Berardini submi tted a report c ontaining c opies of legislation to limit the s h owing of pornogra phic movies. The City Council discussed th e fe asibility of t he regula- t ion o f po rnographic movies in light o f the recent a c t io n s b y Di st rict Attorney Gallagher. COUNCILMAN BROWN MOVE D, COUNC ILMAN LONE SE CONDED, THAT THE CI TY ATTORNEY PREPARE FOR THE NE XT CITY COUNCIL MEETING A BILL FOR AN ORDINANCE WHICH WILL PROHIBIT TH E SHOWING OF OBSCENE MOVIES WITHI N THE CITY OF ENGLEWOOD . Discussion continued . Councilman Brown withd r ew h i s motion with the co n sent of s econd, Councilman Lon e . * * * * * * BY AUTHORITY ORDINA NCE NO . 4, SERIES OF 1970 AN ORDI NANCE AMENDI NG SECTION 18.7-1 OF THE MUNICIPAL CODE OF THE CI TY OF ENGLE WOOD, COLORADO BY GRANTING TO DEFENDANTS IN ALL TRIALS I N THE MUNICIPAL COURT A RIGHT TO TRIAL BY JURY. (Copied in fu ll i n the official Ord in anc e Book .) COUNCI LMA N LONE MOVED, COUN CILMAN LA Y SECONDED, THAT ORDINANCE NO. 4 , S ERIES OF 1970 BE PASSED ON FINAL RE ADI NG AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERA LD AND ENTERPRISE. Upon th e c a ll of the rol l, the v ote resulted a s follows : Aye s: Counci lme n Brown, Dh o r i t y , Kr eiling , La y , Lo n e , Senti , Schwab . Nay s: Non e . Absent: No n e . The Ma yor decl a red the mo t i on c a r r ied . * * * * * * RESOLUTION NO. 3 , SERIES OF 1970 A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF COMPLETION OF PAVING DISTRICT NO. 18 AND THE ESTABLISHMENT OF A PUBLIC HEARING ON THE COST OF THE IMPROVEMENTS • (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT RESOLUTION NO. 3, SERIES OF 1970 BE ADOPTED AND APPROVED AND THAT THE PUBLIC HEARING BE ESTABLISHED AT 8:00 P .M., MARCH 23 , 1970. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling , Lay , Lone , Senti, Schwab. Nays: None. Absent: None . • • -5- The Mayor declared the motion carried. * * * * * * City Manag e r Dial presented the recommended TOPICS map (Traffic Operations Program for Increasing Capacity and S a fety ) whi ch had been submitted to the Denver Regional Council of Governments. Mr. Dial also presented a letter from Chief Enginee r Ch arl es E. Shumate of the Colorado Highway Department and a memorandum from the Planning Comm~ssio n dated February 5 , 1970 comme n t~ng upon the City 's proposed TOPICS program . Mr . Dial indic a ted that only those stree s presented on the TOPICS map woul d rec e ive Federal aid through this program . Th e City Co un ci l d~scussed the recommendation that add itional streets be p lac ed upon the Englewood section of the TOPICS map and concluded that further disc ussion would be held prior to February 23, 1970 . * * * * * * City Manage r D~al prese nt e d a memorandum dated February 9 , 1970 , from Director of Ut~l~ties Carroll and Director of Public Works Wag goner recommending that a bid other than the lowest be accepted for the pumping sewage lift station to serve the Servi - center and surrounding ar eas . Director of Utilities Carro l l appe a red before City Council and indicated the area which wo uld be se r ved by the l ift st a tion , reviewed the bids received , and sta ted th a t it was hi s recommendation that the Gobl e Sampson bid submitted under Proposa l No. 2 at a cost of $2 ,530 be purch ased by the City because of its qua lity , acc e ss i bility , superior efficiency , a nd the fact that no a dditional equipment would be required. Dis cussion ensued. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDE D, THAT THE PUMP PROPOSED BID UNDER GOBLE SAMPSON, PROP OSAL NO . 2 , BE AP P ROVE D AND PURCHAS ED, SAID APPROVAL TO BE CONTINGENT UP ON THE RECEIPT OF INFORMA TION BY THE DIRECTOR OF UTILITIES THAT THE PUMP MEETS THE CITY'S REQUIREMENTS IN TERMS OF SE RV I CEABILITY AS WELL AS MA I NTE NANCE . Upon the ca ll of the roll , the vote re s ulted as follows: Ayes: Counc~lmen Brown , Dhority , Kreiling , Lay , Lone , Senti, Schwab. Nays: None. Absent: None. The Ma yor declared the mot~on c arr~ed . * * * * * * C~ty Mana ger D~al presented a memorandum dated February 13, 1970 rcv~ewing the traff~c signal equipment purchases recom- mended o C~ty Counc1l at its February 2, 1970 meeting. Mr. Dial indica ed that 1t was h~s request that the City proceed with the purchas of th Eagle equipment as bid. C1ty Council discussed the recommendat~on and the rna erial cont a 1ned 1n the commun~c at1on with Mr. D~al. COUNCILMAN LAY MOVED, COUNCI LMAN BR OWN SECONDED , THAT THE AWARD OF THE E UIPME NT OF THE SCHOOL CROSSING SIGNALS BE REMOVED FROM THE TABLE. Upon th c 11 of h roll, th vote resulted as follows: \ ! ! • • f • • • • -6- Ayes: Councilme n Brown, Dhority , Kreiling, Lay, Lone, S e nti, Schwab. Nays: None. Absent: None . The Mayor declared the motion c arri ed . COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT PART I OF THE BID OF SCHOOL CROSSING EQUIPMENT BE AWARDED TO EAGLE SIGNAL COMPANY WITH THE EXCEPTI ON OF THOSE ITEMS REQUIRED FOR THE SIGNALIZATION OF SCENIC VIEW BE REMO VED FROM THE PURCHASE AUTHORIZA- TION . Upon the call of the roll, the vote resulted as follows: Ayes : Councilmen Brown, Dh ori ty , Kreiling, Lay, Lone , Senti, Schwab . Nays: None. Absent: None. The Mayor declared the motion carried. ****** City Manager Dial stated that Councilman Dhority had received several inquiries concerning the parking of large vehicles on the City 's streets . Mr. Dial stated that at one time the City of Englewood had prohibited the parking of vehicles over one and one-half ton capacity on the City's streets unless the vehicles were involved in loading and unloading. This prohibition had b een repealed, however , when the Mod e l Traff ic Code was adopted in 1967 . The City Council discussed the pros and cons of t he reinstitution of such a provision , and after the conclusion of the discussion it was the co ns e ns u s that further discussion be give n at a later date before the City Attorney be directed to pre pare an ord i nance reinstating the prohibition. ****** City Manager Dial stated that the City of Englewood was to receive $1,986 .14 from the Colorado Departmen t of Highways' twenty-five per cent share i n the con struction of the traffic signals at Clarkson and U. S. 285. Mr . Dial stated that in order to receive this money an agreement would be required. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE AGREEMENT WITH THE COLORADO DEPARTMENT OF HIGHWAYS IN ORDER THAT THE CITY MIGHT RECEIVE TWENTY-FIVE PER CENT OF THE COST OF THE CONSTRUCTION OF THE TRAFFIC SIGNAL LOCATED AT U.S . 285 AND CLARKSON . Upon the call of the roll the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling 1 Lay, Lone, Senti, Schwab . Nays: None Absent : None . The Mayor declared the motion carried. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT THE FOLLOWING PEOPLE BE APPOINTED TO THE COMMISSIONS AND BOARDS OF THE CITY OF ENGLEWOOD: I • • ' - • -7- PLANNING & ZONING COMMISSION DR. RAY WALSH BOARD OF ADJUSTMENTS & APPEALS DEL ARMSTRONG PUBLIC LIBRARY BOARD GENE JARRELL MARLA HOFFMAN ELECTION COMMISSION CHET MADDOX FIREMEN'S PENSION BOARD DAVE CLAYTON ENGLEWOOD MUNICIPAL EMPLOYEES' RETIREMENT BOARD LOU GARRAMONE WARREN ORR TOM FITZPATRICK Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Councilman Kreiling stated that it was his desire that Mr. Brownewell and Mr. Frantz be reappointed to the Water and Sewer Board. Councilman Kreiling reviewed his reasons for his request for the reappointment . COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT ROY ROSVALL , MELVIN HORTON AND T . H . HARDER BE APPOINTED TO THE WATER AND SEWER BOARD. Upon the call of the roll, the vote resulted as follows : Schwab. Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Abstain: Councilman Kreiling. Na ys : None. Absent: None. The Mayor declared the motion c arri ed . COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT COUNCILMAN SENTI BE APPOINTED AS THE COUNCIL'S REPRESENTATIVE TO THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THAT MAYOR SCHWAB BE APPOINTED TO THE LEGISLATIVE COMMITTEE OF THE COLORADO MUNICIPAL LEAGUE. Upon the call of the roll, the vote resulted as follows: Ayes : Councilmen Brown, Dhority , Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Abs e nt: None . • - • • -8- The Mayor declared the motion carried . * * * * * * City Manager Dial stated that Urban Mayors would be held February 19, 1970. * * * * * * Mayor Schwab stated th a t Councilman Senti and others would speak a t the program of the Human Relations Council to be held February 19, 1970. * * * * * * COUNCILMAN BROWN MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED . Upon the call of the roll , the vote resulted as follows: Ayes: Councilmen Brown , Dhority, Kreiling, Lay , Lone, Sent i, Schwab. Nays : None . Absent: None. The Mayor declared the motion carried, and the meeting adjourned at 11 c35 P.M. I • • ' Precinct No . Precinct No . Precinct No . Precinct No . Precinct No . Precinct No . Precinct No . Precinct No . Precinct No . Precinct No . Precinct No . Precinct No . Precinct No . Precinct No . Precinct o . Precinct No . • • - ~'6 1 "SPECIAL CITIZEN PROGRAM INVITEES" -MARCH 2 , 1970 ('\Q -Mr . and Mrs . Jack M. Garner , 2001 We s t Vassar Avenue o c 0.:.-1\ '-I\ '1 ..., __ 2 -Mr . and Mr s . Elbert Lyman , 2820 South Acoma S t reet ~0 f" )""? 2775 So u t h Gr a n t Street __.. 3 -Mr . and Mr s . Boyd c . Spencer , ... u cr' 3790 0 -~ 4 -Mr . <B d Mr s . L . A. Siler , So u t h Fox S tree t 9 ... '1 \~ ~ 5 -Mr . and Mr s . H. w. Spiva, 692 Ea st Amh e r st Place 6 -Mr . and Mr s . Charle s De Leve, 3220 So u th Hu mbo ldt Street 7 -Mr. and Mr s . David L . We sch , 3147 South Vine Co urt 8 -Mr. and Mr s . Earl E . Riley , 3330 South Logan Street 9 -Mr . and Mr s . v. R. Klink , 3775 So u th Lincoln Str eet 10 -Mr . and Mrs . James A . Johnson , 4243 South Acoma Street 11 -Mr. and Mr s . M. A. Harrower , 4385 South Grant Street 12 -~d Mr s . Adolph Luk ezic , 45 48 Sou t h Ba nnock Street l3 -Mr . and Mr s . Do uglas Miller, 464 5 So u th Julian Street 14 -Mr . and Mr s . Ewald Wei s brich, 5055 South Huron Stre t 15 -Mr s . E. J . Kebba, 4660 South Maripo sa Str t 16 -Mr . and Mr s . H. R. McCreary , 4635 South Clarkson Street ,. \ I '! I • • - • • 0 - 'o th Ci"" • Counc1l of En lew~ Cent c. .E., d rs1gr , ' l o t:,< surv '' ~nes ro 6 •. •!:ref ~-l • r '" 0 :Oloc'· of .., • :uron trc. ... e h0 4.4 _:-!:. • 1 le , ):)ut \C1c of t 1t :o;trv ed li .. If a '4ft. -vri 'e , .re t i n(l 'e-:' in thE" [11Lt ·c , it "'110·•1 : ',., cbanrr or. t -t .o s.rcet . ..hfm inst~ ] l v~> "-' nt o r . i <: m It•-nt . 'ic 'o ::ar,t i 1 ::; · r· ,.. o 1 c l. this r . (( /./ . t r-"'<-J: ....: r > .I ' ' . -, 1: I J /'!. ... { _, ' I I r /( \ !"\Q '1.~ ·:~ "('\ ----b >' ~(" ~ ~ I • • \ ! I f 'r • • • • - Wv ;/_l._v <-"<-«''7~' -t:u-6 ;t:,i;Y ~ L/J. (, ,, · fo~ ~0' ~...<::.--£ _d. .-U/<-z-d....< fd. ~~ J _,? f--'-?'?v ~A vJ -~~"'<..' :d c/!_~6: ~e: /7 /9? cJ , ~_,. ;J( (_ ....... ~ ... (" I -1~ l "-<< -... 0 I ' . , . • •, A BILL FOR U OaDDL\IICE a'lABL18HI..a ftO~ OMIJIAGK MlD B'LOOD C<*TROL DIVIIIC. TO U ADUJrlftD&D BY TBa DKPARI'MBII'l' 01' PUBLIC WOJIIt8 OP 1'1111 Clft OP ~~ &ftABLlSHIIJG STOJH DltAIIIAGI: AIID PLOQD ~1101. Pair AOI'IIDRI:UifG THJl CllEATIOW O P Liaa POa ~-OP lAID ,._, AIID S.laa&GATDIG SAID PUmlS P0a TD U8B 0P fta.t DMIMCJa AID> P'LOOD CCiftltOL a.LY. A rt ~ 8Y TD CITY COtaelL OF THE CITY or a<D.IniOCJD, CQLOMDO that • new aub-cha ptt~r of chapter 8 o f the Knt;Jl.-.od ,....ieipal ODd e h e n acted u f ol101ot111 s.11=1 -"' m rawer• 'l'be City couneil hueby linda and d e termine& that there i e a public need and neaa••ity for the city to prov i de t or t he AOOe~a, oon•ay.nca of, and dia poeal of etona an~ H ood wet .. • ~iain9 within tboea atorN drainag e U..ina, diac h arc in9 flood wat.ere oato land• within the City o f &n g lewood and that the OOD8~~on of the .... and providing a service facili ty ~afor ~ the City of laglewood ia i n the i ntereMta o f public heel&h, welf~a. and aafety of the citizens o f the City o ( llat;J l......S, Tba •tabl.i~t of ll separat e at.ona drainaye and f1eod aoa~l facility will pra .. nt the over-loadin and bleakiAg of ~ City•• aanitary eawer faci litie •, thareDy re- dueia4J t.be bealth baaard to the citiae n s of llng lewood and the City OOQaail of the City of ID ~lewood h e reLy r i nd& and datarminee that ~. ia a general baaafit t.o t he p ublic at lu·'>~• by t.'le eetai»Urt s~ of a atora draina'::le and f lood control f ac i lity. a.ll=J -~i..MJLIJIQgQ_£Q!I!UQjiLJR!!MIIB N Th•a ia huel:lly ••tabliah(!d .,..hh i.n t h e PUblic '*>rka De- part~Mot of the City o f llft9 l.wood " stonu draioaqe a nd flood -~1 41viai.ea. '!he Director o f PUblic ~k • is hereby ay~J.aad to ....U.ietu the provision• o ( tho aub-chapt.er ... ~ ~lgat• rulae and regulations t o carry out the pro- viaieDa of t!la a\lb-ohapt;u. e.lgl -aw R•.U"MI W rLOOp CQI!'f!PL ru. A atoca dr~4t and flood conU'Ol f•• ehall be char ed tor ... water ~ill",ft11· cu~y of ... 'lewood weter •y•t-to which tba city of llftg r..-.d furni•h~s water or ace~• sanitary aewer afflaaat aad whiah i• wi~in the city liiD i ts o f the City o ~l.wed, OOlcwallo in accordance wit.h t he f ollowing aah O)()u le a 1.111 1t011t J2Ml~~ !II 5/8 inch I I ~L' . month l/4 inch ~ I. ~l..l -t-etl ,.,.,th 1 inch /11~ ·~ .onth l'w inch I ( .Ol -.,th lit inch YIJ-1110nth :z i.nah•• -'1-t lilOn . l inchee ~ . bl 1110nth 4 inah•• J$,t'C 11101\th 6 iAchH 1 ~ ( .onth .7$' Pl11a f .:le' for e ach it.ddit o . ~1 ~· 1p ant or vai lalll un l.t Of ·~· tor occupancy . • ---------- .. • • (a) For the purpoae o .f th :us aub-chaptur occupant ahall -an <11'\Y peraon,, firm, or corpoz·ati.on havi "7 a ri<Jh t to poaaeae i o n. (b) Ava i lable unit o f apac sha ll ~e an th&t unit which u capabl e of bein~ utilized by ·• <~t~p ar te occupant aa that t ~~ is herei n defined. (c) Whenever an occu.,.nt occup ies lliOre than one (1) unit o f •?AC• then the ree shall be based upon QACh additional unit i n •xc••• o f one (1). (d) Whenever there ill any i<aproved property within th~ City o f ang lewood, which property ~e not served by either the City water ayatem or the City aewer ay¥tam, a fee ahall kK. charyod tor at.ona drain•._• and flood co tro.l,_, vhic:h f - ahall be bAaed upon the equivalellt .. ter siai-1\ i1Wael ~'llld hav been required tor auch illproved property h ad ~'>ll id p ro erty ~en aervad by the .BnqlMIDOd water ayflteftl. ( '{ ( t' ~~--:-1 -(s.t rr ~,.._ r _. .._ .. t I' tt.., l .. ,.r a.ll-4 -CUM'lCII or t. w•• ot · / ··; ' - rhe city council hereby find• and de ~erm in • ~lat lt is the policy ot the City ot Ing lewood that the !acilitiea neces- sary to be inatalled for the acceptance, tranaportatio n , and diapoaal o f atorm drainage water and the f acil ~tie ~ n ec c aa~ry for the oontrol of flood water ahall ~ dee~~ted to b e furnished to, •YPPlied to, and benefiting the real pzopertiea so 8erved wi~ut r~ard to the actual peraon bil led f or ~a i d 8erv i cea. (a) All unpaid fee• for storm dra i naqe a n d lood aontrol are hereby declared to be dell.nqu~n t f rom AI)d :!f tE:r thirty (lO) 4aya after the billin ~ theretor an there ia hereby declared to tHt a lien o n the roal propf'rty ac aurv · l.n the -unt of all \11\paid atora c1rainagO<J and fl ood co rt t t·ol (<.ea together with a penalty and intoreat thereon J n an amount equa l to thoae penalty and intereat pa~nt 5 ch r f'd i or d .l in'!ll n t property taxew. (b) rhe Diroctor of t.LnAnc:e ~• •1ere b y a uthorlae , ~ed. and direc:ted to certi fy to t.h T .::e aaurcr of Ar pahot> oouaty, State of COlorado th le~al deac r~ ti on o f t h pre•i e ee ao aer..t by aton11 drainage n floo d con r ol f aeil i t •• rd for which .a tee aa been ch&r•Jitd , to<J ether with th"' ~~~~.oW'It o ( the delinquency aaaeaaable to aa id pr ~sea nd th ~ shall be oollect.ed and ~i d oYer by th T e eur cr o .:.' Arapeho c ounty in the .... .anner aQ taxea are author i & ~ co be collected b y •aid county tr .. a~&rer . All o f' s an.-al .all b rft'lu. t ''<! to the Director of t"lnanc:e of th Cl t / oF &n<J ewood. (c) Provhi.ona herein cont i n.-d fo r the colhct ;..o n of cSelinq11ent aharr;•• ior atorro d na• .. l! !ll'l •• :C lood control l ees ahall be in addition to any oth r 1 edi•~ t or collec lOn o the .... naw in exiat.enc:e or her ~ar t.-r y 'l' ul .Ja ted ~· t .. l l o :r req\llation by th olr.ct.or ot P i.>l~c:-worlta o ! t h f i t ·. o. Bn q l....ood. (d) .. • aAii !Urefted....,../c:harq c a d c:olle.:t proviaiona o f thia aub-chapt r r p i'Oiaul•J ated hereundor. 8,11-:o -APPJ.l CJ\Tl O! Oi' ·~.: p id i .lr •I to ~O ____ .-- I , . .. • • tlae aat:bo&'i~y of Uaia •ub-ahaptffi.Zhall be ·~rec;rated, aredit.ed, and .. poaited in a aeparat.e u of ... ,_.,'-t•n• • u••• ..._... of t.he city and al'lall be uaed 80lely -.a pceYide <& t\1811 fw ~ .Lnatallation, lllliAt•anca, replae-t, exteuion, ~••••t and -lug-..t of the aun aDd flood water drainage ayet.e~t, aDd iA t\artbe&'anc:a thereof, .ay plec!9a t.he proceed• of auah ateza draiaac)e and flood eonu:ol t ... to t.he retir..-n~ of the pl'i.aci- Jllll and intu•t of r..,..ae oa' qanard oblig ation bond& 1eaued by ~ city of aa9l.....S tv the purpoae of any CIOftatr~~etieft, iniiUllation, -latenance, -larg-.nt or exteaeion of the ~ ckaU...,a and f~ oontrol fac:Uiti .. of t.he City. said fund er-~ lilly tha ,... i Jill led harain aay al80 be aaed tor ~ IIGCI'IiaitiOD Of llleh land aa aay be IMCUIUY for tha iut.allatiOD of tha ·~ ~•inll9• and flood aontrol faciliti .. or f• \.be i.Aatallation .n4 oona~iGn of r~tioll Cl ... , retaiaiA9 peada oa' -y Mill all t•Ui~i• n..,..aary and required t or the ,ceper and adequate haadl1Q9 of atora and flood water• ariaiJlw within tha aity liaita of the city of IDqlewaod, or within ~ainave buiaa diaebar9inv vat•• iau the city lillit.a of the city of ~lwood. (Ia) I'M City JlaDeqar ahall annually in hb ~poaed bu~Avet ·-~ .... .... t • p u. ···-41•»• ..... a.a.u.t to t.ha City C*anail a p&'Opoaed blldg et for tha col\atr~JC- tioft of atoDI aDd f~ uaifta9e facilitiea for t.he enauing lNdci.t year, .-iala ~-alaall contain a atat ... nt o f all -..u ,.. .... tly 1ft aaid atora drainawe and flood control f~o~nCI, t.ovet.aa. with an .. tt.at.a of anticipated revenue• for the en-••la9 IN6Jet year ud the propoead project• to be c:on.euucted aad u aatiaate of the ... u thuaot for the eneuing budq et ~· (a) Yhe City COUftcil ahall haY ~ th~ authority and power t..-tUM to u.-to auppl ... nt a aid etora Clraina· .~ and tlood ) GODU'Ol fund wlth ot.har ra .... \&ea of th e City ae the COo.JDGU ahall ~ naoeaaary. lJltzod...S, read in f11ll and ~·ed on firet read i n g on ~ day of • 197 0. "'*liahed u a a.l.ll for an Ord i n•nce on the ____ day o t ----------------· lt70. Ma yor ATTEST: city Clerk-Treasurer I, Stephen A. Lyon, do hereby c~rt 1!y foregoing ~s a true, accurate and complet~ an Ordinance introduced , read 1n full and reading on the day of __ _ __ _ tnat the above co py of BLll as s d on first • 1970 Cl y c lerk-Tre surer -3- • and for - • • >'. -, _, • - . . I -I .. • • ~ c:..,O~ C>;-C\ ~/ 1 ;-l (\ INTRODUCED BY COUNCILMAN. __ ~-)~~~'~>~/~L -'~'------------~q~,.~--~~-----9/V~ <, BY At11'HORITY '< ORDINANCE NO. ---------------• SERIES OF 19 0 AN ORDINANCE ESTABLISHING STORM DRAINAGE AND FLOOD CONTROL DIVISION TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORJ<S OF THE CITY OF ENGLEWOOD: EST~LISHING STORM DRAINAGE AND FLOOD CONTROL FEES: At11'HORIZING THE CREATION OF LIENS FOR NONPAYMENT OF SAID FEES: AND SEGRBGATING SAID P'UNDS FOR THE USE OF STORM DRAINAGE AND P'LOOD CONTROL ONLY. BE IT ORDAINED BY THE CITY COUBCIL OF THE CITY OF ENGLEWOOD, COLORADO that a new sub-chapter of chapter 8 of the Englewood Municipal code is enacted as follows: 8.11-1 -PUBLIC POLICY: The city council hereby finds and determines that there is a publ~c need and necessity for the city to provide for the acceptance, conveyance of, and disposal of storm and flood waters arising within those storm drainage basins, discharging flood waters onto lands within the city of Englewood and that the construction of the same and providing a service facility therefor by the city of Englewood is in the interests of public health, welfare, and safety of the citizens of the City of Englewood. The establishaent of a separate stora drainage and flood control facility will prevent the over-loading and blocking of the City's sanitary sewer facilities, thereby re- ducing the health hazard to the citizens of Englewood and the City council of the city of Englewood hereby finds and determines that there is a general benefit to the public at large by the establishment of a storm drainage and flood control facility. 8.11-2 -STORM DRAIKAG£ AND P'LOOD CONTROL DIVISIOB ESTABLISIIBih There is hereby established within the Public works oe- partaent of the city of Englewood a storm drainage and flood control division. The Director of Public works is hereby authorized to adainiater the provisions of the sub-chapter and to promulgate rules and regulations to carry out the pro- visions of the sub-chapter. 8.11-3 -STORM DRAIKAGB ABO P'LOOD coaTROL FEB: A storm drainage and flood control fee shall be charged for each water meter or tap on the City of Englewood water ayata. to which the City of Englewood furnishes water or accepts sanitary sewer effluent and which is within the city limits of the city of Englewood, colorado in accordance with the following schedule: SIZE STORM DRAilfAGE P'EE 5/8 inch $ 1. so per month 3/4 inch $ 1.50 per month 1 inch $ 3.75 per month l'r i nch $ 6.00 per month lis inch $ 8.60 per month 2 inches $ 8.60 per month 3 i nches $ 8.60 per month 4 inches $ 15.00 per month 6 i nches $ 15.00 per month Plus $.75 for each additional occupant or available unit of apace for occupancy. • \ ! "' -------- • • • (a) Por the purpose of this sub-chapter occupant shall mean any person, ~irm, or corporation having a right to possession. (b) Available unit of space shall mean that unit which is capable of being utilized by a separate occupant as that term is herein defined. (c) Whenever an occupant occupies more than one (1) unit of space then the fee shall be based upon each additional unit in excess of one (1). (d) Whenever there is any improved property within the city of Englewood, which property is not served by either the city water system or the city sewer system, a fee shall be charged for storm drainage and flood control, which fee shall be based upon the equivalent meter size or tap size that would have been required for such improved property had said property been served by the Englewood water system. (e) The billing shall be on the frequency of utility billing in effect at any given time. 8.11-4 -CREATION OP A LIEN: The city council hereby finds and determines that it is the policy of the city of Englewood that the facilities neces- sary to be installed for the acceptance, transportation, and disposal of stora drainage water and the facilities necessary for the control of flood water shall be deemed to be furnished to, supplied to, and benefiting the real properties so served without regard to the actual person billed for said services. (a) All unpaid fees for atora drainage and flood con- trol are hereby declared to be delinquent from and after thirty (30) days after the billing therefor and there is hereby declared to be a lien on the real property so served in the amount of all unpaid storm drainage and flood control fees together with a penalty and interest thereon in an amount equal to those penalty and interest payaents charged for de- linquent property taxes. (b) The Director of Finance is hereby authorized, empowered, and directed to certify to the Treasurer of Arapahoe COunty, State of COlorado the legal description of the premises so served by atora drainage and flood control facilities and for which a fee has been charged, together with the a.ount of the delinquency assessable to said preaises and the saae shall be collected and paid over by the Treasurer of 'Arapahoe county in the saae •anner as taxes are authorized to be collected by said county treasurer. All of the same shall be reaitted to the Director of Finance of the City of Englewood. (c) Provisions herein contained for the collection of delinquent charges for storm drainage and flood control fees shall be in addition to any other remedies for collection of the same now in existence or hereafter promulgated by rule or regulation by the Director of Public works of the city of Englewood • (d) The City Manager is hereby author i zed and directed to see that the appropriate municipal official or department shall charge and collect all fees required under any provisions of th i s sub-chapter or of the rules and reg ulations promulgated hereunder • B.ll-5 -APPLICATION OF FEES: All storm drainage and flood control fees paid pursuant to -2- • --------' • .. • the authority of this s~chapter shall be segregated, credited, and deposited in a separate fund of the city and shall be used solely to provide a fund for the installation, maintenance, re- placement, extension, improvement and enlargement of the storm and flood water drainage system, and in furtherance thereof, may pledge the proceeds of such storm drainage and flood con- trol fees to the retirement of the principal and interest of revenue or general obligation bonds issued by the city of Englewood for the purpose of any construction, installation, maintenance, enlargement or extension of the storm drainage and flood control facilities of the City. Said fund created by the fees imposed herein may also be used for the acquisition of such land as may be necessary for the installation of the storm drainage and flood control facilities or for the installa- tion and construction of retention dams, retaining ponds or any and all facilities necessary and required for the proper and adequate handling of storm and flood waters arising within the city limits of the City of Englewood, or within drainage basins discharging waters into the city limits of the city of Englewood. . (a) The fund herein established for a storm and flood water facility shall not be transferred to any other fund of the city of Englewood, or be used for any general governmental purpose of the city. (b) The city Manager shall annually in his proposed budget subait to the City council a proposed budget for the construction of storm and flood drainage facilities for the ensuing budget year, which budget shall contain a statement of all amounts presently in said storm drainage and flood control fund, together with an estimate of anticipated revenues for the ensuing budget year and the proposed projects to be constructed and an estimate of the costs thereof for the ensuing budget year. (c) The City council shall have the authority and power from time to time to supplement said storm drainage and flood control fund with other revenues of the City as the council shall deea necessary. Introduced, read in full and passed on first reading on the day of ' 1970. Published as a Bill for an Ordinance on the day of ' 1970. Read by title and passed final reading on .the day of ' 1970. Published by title as Ordinance No. ----------rrw' Series of 1970, on the day of ---------------' 1970. Mayor ATTEST: Bx-officio City Clerk I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of an Ordinance passed on final reading and published by title as Ordinance No. -------------------' Series of 1970. Attest: ax-officio city clerk ' ----- • • - ~ INTH..OH!Cl MIMOIANDUM C",p~ 't.~ -(\ _,. TO : S anl ey H . Dial, City Ma nager DAa ,J·ln uary :'1 ,_< ~ ,_OM: Ste phen A. Lyon , Di r e c to r o f Finance ------------------------------------------------~~~--- SU&JKT : S chool Crossing Signals Bid Seal ed b i ds we re rece i ved for t he purchase of Traf f i ~i gnal Equ ipment and sup p o rt rna ter i a ls to be installed f o r ou r :;cr o ol c r ossing s i gna l project with the fol l owi ng resu l ts: Company Eagle Signal Qa de s Sa l e s Mine & Smelter Supply Rya ll El ectr ic Ameri can Pipe & Supply Econ olite Automa tic (Equipment ) Part I $21' 1 86.0 0 No Bi d No Bid Par t IV (Ca b l e s) Park II 84 ) , )C 70.0( $1,014 .0') (Pol es) ? r t III $2 , 00 . 0 ,., 1-_,., Descr ip t ion Min & Sme J .lO.!" k · •. 1 Elf'ctr1c Ga de s Sa 1 e!! ------- Item l Co ndu it 8 8.oc 7 • Q• Item 2 E ls 62, \)(I t l "\. () ' Item 3 #14 Strand li i re 2 6 0 .00 .vo Item 4 Be l de n w r #8 719 No Bi 0 Bld 6 .<?0 Item 5 3/8" Spo.n 1 r 5 0 .4 0 5 ,QO Funds budgeted for tMs proje ct ar $.4, )a . '),) 1n !'u l.l 1c Im prov m<>nt Ac count No. 3000.14-18.07. Recommend the e q u ipmen t in a mo unt or $? , l f-l· ,. JI' r ·1 r 1 b ru ch s e1 from Eag le Sig.1a Co. Recommend thE' c.:.t b !e rr .. t·~·' n p· rk I T ,..,r $841.05 be purchased from Oad es Sa l 'l c . . -1 u n::.·'"• h pole •· ~nr $2,700.00 be purc h ased fr o m Am ri c n Pl.~ "l.no -ili,t 1y Co . Re cornm<>n the materia l s needed l n Pa r IV (I m l 1 ' b e pur· lo'!S d r 11 m !,..,w·•. b idder for each item fro1n Mj n & Sm 1t .. ~ 1 pJy , ~~Y •-1 E rtr'_ '·• and Oad e S .1les . The lowest bid s f o r l t m 1-r wii 1 ('. 1 • T.:>t...i. f " "" t b id s for 1 1 four (4) part w1ll ot:. ~ , ' - • !. · . • Stanle1 H. Dia l Page 2 January 30 , 1970 • - There will be costs i nvolved in the installation of this proJect also. The coat to instal l poles by sub-contractor and equipment rental , addi- tional misce llaneous materials is estimated at $2 ,000 .00 additi onal cost. The coat of tota l .ateriale, equipment and sub-contractor is proJected to cost $27,914.65. KELLS WAGGONER Director or Pinanoe Director of Pub lic Works • ) 0 I ! . ' ... ------ - • • TO : FROM : • - INTER-OFFICE MEMORANDUM Stanley H. Di al , Clty MGn a ger Steph en A. Lyon , Di r ector of Fin 3 nc Kell s \'Jaggo ner, DirP.ctor of Pub l'c :iorks SUBJECT : Span wire Pole Bid -Pa r t III Sealed bid ~ were re q ue sted and received f o r the furnjshing of 18 -35 ' steel span wi r e poles for u se i n our school cr o s ~l ng project from the fol lowi ng with fo llowi n g r esu lts : C om12 a n~ Price _ e•ch 12ole ~l bid Centra l Pipe & Supp l y . -5 $423 8 .10 Gri me s Pipe & Supply R 1 u rte d un a ble t n quote s pan wlre Den -Cal Su ppl y ,::.<J n o t b jd Thomps on Pipe & Supply D!d r.o t b j d Ameri can Pi pe & Supply $l ')J .00 $2 700 .0 0 Funds a r e budgeted f or t h is pro jec t in Puh l lc Im proveMent Account No . 18 .07 . pol e :: Re commend the or:~:.nal b j d fr om ·'\me ::an P'pe & Supply for 18 span wJ.re po les with total C ')< t of $2700 .00 b a cce p t N l a s lowest and in bes t ·n te re s t o f t he City. ~ -;.{j?~_,- ~A---LY ON -------- / { \ Di recto r of Financ e • KELI . ,-'IJ ··aGO NER - D l r ~c•r r of Pub l c wo rks . \ ' • • 0 - 6--~ ~~~ /)/) ~,.___.,__ -tJ--+-~ . >~ ~. o,._r--Q-~ ~ --f' ~~ D~ .-·~;~ ~- C'~ MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECO~ OF THE CITY PLANNING & ZONING COMMISSION ' "•~ C' I . r , 4 (.• ~J-fo<..;., . r-~'lt~ 0;:-' / J ~ DATE : February 17, 1970 SUBJECT: Resolution for Rent-Supplement Program. (''\( <. RECOMMENDATION: Senti moved : Lentsch seconded: ··v CJo , ·t.. . c (' Ot..Q The Planning Commission recommend to City Council that the following Re solution be adopted: RESOLUTION APPROVING PARTICIPATION BY LOCAL HOUS ING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM. WHEREAS , under the prov~s~ons of Section 101 of the Housing and Urban Development Act of 1965 , the Secretary of Housing and Urban Development is authorized to enter into contracts to make rent supplement payments to certain qualified housing owners on behalf of qualified low-income families who are elderly, handicapped, displaced, victims of natural disaster, or occupants of substandard housing; and WHEREAS , the provisions of said Section 101 cannot be made available to housing owners in certain l o calities unless the governing body of the locality haa by resolution given a pproval for such participation in the Federal Rent Supplement Program; NOW , THEREFORE, be it resolved by the ----------------------------~~~---------------- of the ---------------------------------------------------------as follows: Approval i s hereby granted for participation in the Federal Rent Supplement Program by qualified housing owners of the property located in. __________________________________ __ The mot ion carried unanimously • • By Order of the City Planning and Zoning Commission. RE CORD ING SECRETARY I • • •' \ I f .----------------------------~~------------~--f 0 - ME MORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING CITY PLANNING & ZONING DATE: February 17, 1970 SU BJEC T : Resolution for Rent-Supplement Program. RE COMMENDATIOO : Senti moved: ACTION ~k~~ION OF COMMISSION /4(> l.J. THE Lentsch seconded: The P lanning Commission recommend to City Council that the following Res olution be adopted: RESO LUTION APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN THE FEDERAL REN T SU PPLEMENT PROGRAM. WHE RE AS , under the provisions of Section 101 of the Housing and Urban Development Act of 196 5, the Secretary of Housing and Urban Development is authorized to enter into r.ontrac ts to make rent supplement payments to certain qualified housing owners on behalf of qualified low-income families who are elderly, handi capped , displaced, victims of natural disaster, or occupants of substandard housing; and WHEREAS , the provisions of said section 101 cannot be made available to housing owners in cer t ain localities unless the governing body of the locality has by resolution given appr o va l for such particip~tion in the Federal Rent Supplement Program; NOW , THEREFORE , be it resolved by the---------------:--:;--::-;--~------ of the --------------------------------as follows: Approval is hereby granted for p articipation in the F ederal Rent Supplement Program by qua lifi ed hous ing owners of the property located in~----------------- The motion c arrie d unanimously. • By Order of the City P lanning and Zoning Commission. A£ c oRDING SECRETARY I • • ·' \ I I 'T • C/;-C'o ~ 01: 0~' < ... v. COMMISSION << ·. '•c REGULAR MEETING OF THE CAREER SERVICE CITY OF ENGLEWOOD, COLOR ADO FEBRUARY 19, 1 970 , 7 :00P .M. ~-. ('·<~ PRESENT: J . F . DeVivier, H . R . Braun, E. L . Ausfahl, J . F. Murphy ABSENT : None ALSO PRESENT: Chief William Hamilton , Robert Hitchcock THE FOLLOWING MOTIONS WERE PASSED FOR APPROVAL: 1) The minutes o f the last regular meeting as printed . 2) The following anniversary increase effective February 1, 1970: 0< q NAME TITLE & DEPARTMENT GRADE & STEP UNCAPHER, Ruth Inter Clerk Typist, Library 12D 3) The following anniversary increases effective February 16, 1970 : BRACKEEN, Grady L. CHAMBERS , Gary SCHAFFER, Mi cha el Patrolman 2nd Class Patrolman 2nd Class Patrolman 2nd Class 21F 21F 21F 4) The following anniversary increases effective March 1 , 1970: AUSTIN, Gerald BEITTEL, Mary BUSSEY, Robert DEVORE, Patricia DICKINSON, Lorraine MILLER, Jerry ROYTHER, Jerry WARDLAW, Dal e A . YANCEY , Edna Custodian, Building 13F Secretary, Finance 16C Maintenanceman, Street 17B Secretary, Engineering 16D Posting Machine Opr., Utilities 13D Maintenanceman, Street 17D Assistant Director, Parks & Rec. 28B Planning Assistant, Planning 19B Parking Enf. Maid, Police 12B 71 I • • -• 5) The following terminations: NAME BONOMI, Victor N. HAMMOND, James B . MCLENNAN, Donal d J. STAMM, Donna M . TITLE & DEPARTMENT Patrolman lst Cl ass Effective 2/1/70 Traff ic Engineer Effec t ive l/31/70 Patrolman 3 rd Class Effective 1/26/70 Inter Clk, Typist, Parks & Rec, Effective l/15/70 6) The following re t irements effect ive January 31 , 1970 1 GRADE & STEP 22F 27D 21D 12C CHANNEL, Clyde U. JOHNSON, Ethel Equip, Opera.tor II, Paz•ks & Rec. 19F Chief Clerk, Utilities 14F 7) The following promotions; BROKATE, William F. Chief Bldg , Inspector 27F Effective 1/21/70 STANLEY, Allan F. Patrolman 4th Class 21A Effective 2/1/70 8) The following new hires ; BREWER, Douglas Eningeering Aide I Effective 2/4/70 16B ELDER, Vernon Dispatcher, Police 14A Effective 2/1/70 REED, George Dispatcher, Police 14A Effective 2/l/70 GARDNER, Violet Inter Clerk Typist, Parks & Rec, 12A Effective 2/l/70 MEDINA, Albert Patrolman 4th Class 21A Effe ctive 2/16/70 TAYLOR, Brooks Traffic Engine er 27B Effective 2/16/70 -2-72 ' ' I . • . , • • The Board dis cussed the remarks made o n a termination ac t i on that indicated an empl o yee woul d not be el igible for rehire and the reas o ns. The Board felt th at the employee s hould be aware of whether or n ot he is eligible for r ehire and any remarks made on his terminati o n acti on . It was moved, seconde d, a nd ca rri e d that after the department head and supervis o r ha ve si g ned the personnel action o n a termin a- ti on and have indi cated wnetheror not the employee is eligib le for rehire, and th e r ea s o ns for not rehiring, if such is the case , that there be added a place on the form to for the employee to sign his name to indicate h is awareness of his status at t he time of his termination. Mr. Robert Hi tchcock appeared before the Board in regard to the denial of his anniversarr. increase and presented a letter addr e ssed t o the Board r e garding this . Mr . Hitchcock stat e d he did n ot sign the progre ss repo r t be - c ause he was under the impression that by signing it he was in agr eement with i t , but that Mr . Murphy later informed him tha t his signature on the report only meant that he hed seen it. The Board instructed Mr. Murphy to meet with Mr, Hitchcock, hi s supervisor and department head and investigate the matter and rep o rt b~ck to the Board at the next meeting. It was mo ved, sec o nded, ~d carried that an additi o n be made o n t h e empl o yee progress report stating t o the effec t that t h e employee's signature on the r e p o rt only i n dicates that the employee h as seen the report , and d o es n ot mean h e is in agreemen t with it . The Board r ead a memo randum addre ssed to t he Board from t he City Manag er dated February 1 7 , 1 97 0 regarding reorganization wit h - in the Fir e Department and reco mmending appro val of ch anging the title of Assistant Chief i n the Fire Department to De puty Chief, to u p grade the Rec o rds Cle rk in the Fire Dep a rtment from a Grad e 16 to a Grade 18 , a n d t o promote two lieutenants to captains in the Fire Dep ar t me nt as was o utlined in a memorandum fr om t he Fir e Chief to the ity Manager dated January 6, 1970 . hief Hamilton appear e d be f o r e the Board in regard to the aforemen i on ed memoranda and discussed h is plans for the r eo rganiz a- t i on of th Fire Departme n t ov er the n e xt three years . Chief Hamil on sta ed he wi shes to promote the present Assistant Chi ef to the rank of Deputy Chief as provi d ed in the Hupicipal Celie and extend h i s duti s to hat o f a Deputy Chief which woul d in clu ae bei n g in complete char ge f the Fire Department in abs e n ce of the Chief . Chief Hamilton dis cussed with the Board the ne e d for upgra a in1 the Fire Records Clerk due to the du ies and responsibilities of that position . It was mo ved, seconded a n d carried th at the Fire Records Cle rk be upgraded from a Grade 1 6 t o a Grade 18 with a title change to Fire Records Specia li s t due to a study of the position a nd a salary comp ar ison of the duties o f this position with surrounding cities. -3-73 • • .• \ ( ' - It was moved , seconded , and ca r ried that the title o f Assist a nt Chie f in the Fire Department be cha nged to Deputy Chie f, a nd the promotion of t wo lieutenant s to captains be app r ove d, wi th the provision t h e positions are posted a nd an examina tion held . The meeting was adjourned and the next meeting is scheduled for March 19, 1970 at 7 :00P .M. J. F. DEVIVIER Chairman • Recording Sec retary -4-74 0 .• \ I '!' I • • • • • - TO: City Council DATE: February 19, 1970 FROM; Oareer Service Commission SUBJECT; CHANGE IN TITLE OF ASSISTANT CHIEF TO DEPUTY CHIEF It is the recommendation or the Career Service Board that City Council amend Resolution No, 44, Series or 1969 to change the title of Assistant Chier to Deputy Ch1er,·with the pay level remaining the same. This recommendation is made to bring the Fire Department class1rioations in line with the provisions or the Municipal Code under Section 12.3 which provides ror a Deputy Chier. LORI COFFEL Recording Secretary I . • .• I ! I '! - • • • TO: City Council DATE: February 19, 1970 FROM: Career Service Commission · SUBJECT: UPGRADING AND TITLE CHANGE OF FIRE RECORDS CLERK The Career Service Board would like to recommend to City Council the upgrading of the position of Fire Records Clerk, Grade 16, with a title change, to Grade 18, Fire Records Specialist, due to the responsibilities and duties of this position as reflected in a recent job evaluation and study of this position. I . • ·' \ ! I '!' - • I. The e r s Pr ~~,.... ( CITY OF E GLc JO D PLANNI G AND Z~NING FEBRU ARY 3, 1 70 o f the 1 y Planning and Zoning Comm is s ~on was Woods at 8 ·05 P . M. Ca rlson · Le n sc h ; Se"lt ~; Woods Ro ma ns, Ex-offic 1o <. c ahe(i to ~ (' .... ·o ' ~q Al s Pr~~.:!r..r C1 y A :>r .,ey Bera.Ld i r.J.; Messrs. Broomhall. Nelson , Stonier , McCoy. Mr. Wood. ro ed hat a s~x th member has not been appointed by the City Counc il a s c t "h1,; date. II. Mr . Woods approval. L n s~h moved· the Mi"lutes of Ja uary 20, 1970, were to be cons1dered for Se n 1 se ended• The Minutes of J a n uary 20 , 1 970 , b e appro•Jed as written. Th mo ion c arrie d unanimous ly. III. K. WAYNE NEWON 110 1 w. Da rtmouth REZONING I-2 t o I-1 CASE #3-70 Mr. Woods asked Mrs . Romans to summ arize the application for rezoning filed by Mr. Nelson. Mrs. Rom s stated that Mr . Nelso has filed applic ation for rezoning of (Oroperty common ly .ow. a s 1101 We st Dartmouth Avenue. The required minimum fee of $50 was paid on January 30 , 1 970, when applic ation was made. Mr. Nelson is request.ing a c hange of zor • .li' from 1-2 to I -1 for the following reasons : "Plans pe r:.di ~.g 1r hands of Pl nu:g Commiss J.on to develop Co lumbine Mobile Home Park". Mrs. R c ~an s stated tha sh has e xpla:L"led to Mr. Nelson tha the Co mmission c a n - no re zo~.e "_o r a mo b~le home park"; the area c a nno t be zon ed for a specific use . Mrs. R c~a s s a d tnat the u s ual cons1derations taken into a ccou n t for rezo ing reque Ls are (1) he property cannot be u sed under the present zone c lassific ation, a nd (2) ~re have been sufficien ch~"lges in the area t o warrant r ezoning. Mrs . Roma"l s ' a e d tha she has tr1ed t o po1nt out o Mr . Nelson that the matter of the mobile ~orne par J.S a separate a Ld dJ.s t inct matter from the requested rezoning . Mr. Woods s ted a w should con s1der setting a date f o r Public Hearing on the reque s L. Br~ f disc ussion fo llo wed . Car l so• ll"'ved• Se tl. SE-•je • T e a plica t1on filed by Mr. Nelson for rezo .1ng of 1101 Wes t Darorouth Avenue from I -2 (Heavy I n dustrial) o I-1 (Ligh l ndus 1al) be cons tdered a t Public Hearing on March 17, 1 70; the r o pe r y is to be posted, a nd publ ic notice is to b g1ven i n t he o ficial Ci y newspaper. Th e mo t.l ')~ c ;u-r~ed u ar,J.mou s ly. IV . t'l P res Mr s. R ma·" Ga t e Fr vt ~ aFrl1 .a j:r .J grarnfr·"l d l ~J:lay d ~r t h ha T:J PJ C"S is a or f r fur. s, a t.d -1 74 . Map" Whl .h C1mm 1ssF'', ard tr CASE H4-70 Federal Assis ance J:r ram. Th City has mad e L S "ow ap ly1ng for a proval of a f1ve year s h w the 1n ersect~o ns to b ~mproved were following proJects w r discuss d ; l I • • ' - • I. ( PROGRAM OUTLINE 1969-70 : A. Up grade and/or install new Traffic Signal i nstallations and incorporate the sam into th pr sent master signal interconnected system at the following locations: 1 . Yal Avenue and Broadway . 2. Bates Avenue and Broadway. 3. K nyon Avenue and Broadway . 4. Mansfield Avenue and Broadway. 5 . Ox ford Avenue and Broadway. 6. Quincy Avenue and Broadway . TOTAL ESTIMATED COST : $ 20,000. II. 1970-71 : A . S treet Lighting . Increase the arterial lighting output on: 1 . Broadway from Ya le to the South City Limits Line. 2. On U. s . 285 from the p roposed interchange at Broadway to the east City Limit line . 3 . On S tate Highway 288 (Belleview) from Clarkson to Lo well. TOTAL ESTIMATED COST : $110 ,000 . B . Widen Broadway. Broadway s hould be widen ed to accommodate a left-turn pocket from: 1 . Yale to u .s . 285 . 2. u.s. 285 t o Quincy. 3. That portion o f Broadway between u .s. 285 and Quincy has a highway design ation of S tate Highway No . 87 . TOTAL ESTIMATED COS T: $300 ,000. In lieu of the above we should request: 1. Bus turnout lanes in conjunction with a widening for left- turn pockets at the signalized intersections north of Floyd Av nue . 2 . Widen~ng for left-turn pockets from Floyd to Quincy at s~gnali zed intersections . TOTAL ESTIMATE D COS T: $ 52,000. C. Pedestrian Overpas s: In order to allow fo r a freer movement of traffic along U.S . 285 w should requ st pedes trian overpasses on: 1. U.S . 285 at Logan or Sherman 2 . u.s . 285 at E lati TOTAL ESTIMATED COST : $100 ,000. D. Signals: Funds should be applied fo r for signal installations and/or up- grading with 1n erconnect to present master system at the follow- ing loc at LO"'S · 1. Broadway a Ch nango and Tufts. 2. Ban ock at Oxfo rd , Quincy , a nd Ch nango. 3. Sh rman at u1~cy, Oxford , Da rtmouth and Yale . 4 . Girard at Clarkso and Downing. 5. Hampd n at Down1ng and Cl arkson. 6. u .s. 285 at Do ing and Lafay tte. TOTAL ESTIMATED COST: $ 75 ,000 . 2 • • - • • ( III. 1971-72: IV, v. VI , A. Signa ls: 1. Install a nd interconnect to master signals at Tejon Street and Evan s Avenue, Dartmouth Avenue and Downing S treet, and Quincy Ave ue and Logan Street. 2 . Transfer of physical i n terconnect on u.s . 285 to Monotrol with additional dial and responder units for eleven (1 1) i nterse ctions . 3. Provide f o r non-locking memor presence detection for sixteen semi-a ctuated signals . 4 . Interconnect to Maste r all of the School sign a l installations - 17 s 'ltions. TOTAL ES TIMATED COS T : $ 26 ,700 . B . Provide for necessary materials to e xtend present one-way couplets -Bannock/Sherman, Girard/Hampden. TOTAL ESTIMATED COS T: $ 6 ,000 . c . Increase arterial street lighting o utput on: 1. Dartmouth Avenue -West City Limit to East City Limit. 2 . Downing Street -Yale Avenue to U. s . 285. TOTAL ESTIMATED COST : $ 57 ,500. 1972-73 A. Signals : 1. I nstall v.o .c . (Volume Occupancy Concept) feature to the Monotrol System in Core Area. 2. Install and/or upgrade signals at the following locations: a. Sa nta Fe Drive and Union Avenue b . Federal Blv d. and Belleview Avenue c . Clarkson Street and Belleview Avenue d. Santa Fe Drive and Kenyon Ave nue Tu TAL ESTIMATED COST: $ 30,00 0. B. Increas e arterial street lighting output o n: 1 . Bannock Street -Yale Avenue to Chenango Avenue 2 . Sherman Street -Chenango Avenue to Yale Avenue 3. Girard Aver.ue -Elati S treet to Downing Street 4. Hampden Avenue -Lafayette St reet to Ba nnock Street TOTAL ESTIMATED COST : $ 65 ,000 . 1973-74 : A. Signals: 1 . Expand v.o .c . fe ature to Monotrol System in remaining areas City wide . 'rOTAL ESTIMATED COST: $ 8 ,000. B . Increase arterial street lighting output on: 1 . Qui cy Av nue -Clarkson Street to Santa Fe Drive (US 8 5) 2 . Ox ford Ave nu Clarkson Street to Santa Fe Drive (US 85) 3 . Clarks o n Stree t -Yale Avenue to Belleview Avenue (SH 288) TOTAL ESTIMATED COST: $115 ,000 . 196 9-1974 Gr .d Total esti~at d cos t for TOPICS program: $965 ,200. Mr. Lone had e n tere d during dis~~ssion on the abov listed items, and took his place with the Cornrnissio .• Fu rther discussion on the p r oposed program nsued. 3 I • • f • • • • Mr . Lone asked if this program coincided with the TOPICS map from the Highway Department that was discussed at the Counci l of Gove rnments meeting of last month? Mr. Lone stated that that map would have to include these projects, and if we have projects that are not on said map, approval could not take place until the map wa s revised. Further discussion followed. Mr. Lone stated that he did not agree with the priority given the signalization of the Santa Fe -Union inter- section, which Traffic Engineer Hammond has placed in the 1972-1973 program. Mr . Lone pointed out that this is a very hazardous intersection, and received a great deal of use. Mr . Lone commented that he felt the only answer to the problem would be an expanded intersection much as we have at Floyd and Broadway . Mrs. Romans asked about the possibility of extending the Tufts-Santa Fe intersection straight west if the original plan to extend Un ion across to South Pecos Street could no t b e worked out. Mr . Lone stated that this had been discussed at Co uncil level, and it was determined that it would be too expensive to extend Tufts across through the Ragsdale property . Further discussion followed. Mrs . Rom ans pointed out that the State Highwa y Department would have to approve the signal installation and that i f the PUC opposes it, the State Highway Department probably would not fight that determination. Mr . Lone commented that we might still be able to s ign alize the Tufts crossing . Mrs . Romans pointed out that the signalization for the rai l r o ad c rossing would have to be tied in . Further discussion followed. Mr. Carlson suggested that possibly we should get some traffic counts on Un ion vs . Oxford to see how the volume of traffic compares. Mr. Lone stated that he is in favor of doing whatever is necessary to get the crossing signalized, and that if it takes a hearing before the PUC we should request one. Further dis- cussion followed. Lone moved: Senti seconded: The Traffic Engineer be requested to reconsider the priority of the Tufts-Union-Santa Fe intersection signalization to include such signalization in the 1970-1971 program . The motion carried unanimously. V. COMM IS SI ON RE -ORGAN IZATION . Mr. Woods asked wh en an appointment would be made to the Planning Commission? Mr. Lone s tated that the Council is considering the matter , and that the appoint- ment should be made shortly . Mr. Woods asked if the members would prefer to wait for re-organization until the new appointment was made, or if they wished to re- organize now ? It was the c oncensus that the re-organization should be done at this meeting . Mr. Woods stated that he would yield the Ch air to Vice-Chairman Lentsch. Mr. Lentsch called for nominations for Ch airman. Mr. Woods nominated Mr. Carlson as Chairman. Mr. Carlson nominated Mr. Lentsch as Chairman . Mr . Lone moved: Mr. Senti seconded: The nominations cease . The motion carried. A written ballot was held Mr. Carlson was elected Chairman. Mr . Carlso n a s sumed the Chair, and commended Mr. Woods for his leadership of the past two years . Mr. Carlson then called for nominations for Vice-Chairman. Mr. Wo ods nom i n a ted Mr . Le n t sch a s Vi ce-Chairman. Mr . Lone seconded the nominatio n. Mr .W oods moved: Mr. Lone seconded: Th omina ions cea se , and a unanimous ballot b cast for Mr. L n sch for Vi c e-Chairman . AYES : Woods , S e n ti ; Lon ; Carlso. NAYS: None ABS TAIN: L n t sch 4 I • • - • • • • ( The motion c arried, and Mr. Lentsch was elected Vice-Chairman . Mr. Carl son called for nomi~ations for the representative to the Council of Go vernments Policy Advisory Committee . Mr . Woods nomin ated Mr. Carlson as the representative to the Policy Advisory Comm ittee . Lone moved: Wood s seconded: The nom inations c a se , and a unanimous ballot be cast for Mr . Ca rlson for represe ~tative to the Policy Advisory Committee of the Council of Gove rnments . AYE S : Woods ; Se ti; Lone; Lentsch NAYS : No ne AB STAIN : Carlson The motion carried . Mr . Ca rlson stated that he f lt it wa s wi se to have an alternate designated to attend these meetings in th event that the representative cannot, even thO\.g h the meetings are open for public attendance. Mr. Lone agreed that all Council of Gov rnments meetings are open t o the publ ic, but that he also feels it is a good plan to designate an altern ate. Lone moved: Wood s seconded: Mr. Lentsch, a s Vice-Ch airman of the Commission, be designated as the alternate to the Council of Governments Policy Advisory Committee. The motion carried . VI. LAND USE REPORT. Mrs. Romans gave member s copies o f the Land Use Report which has been compiled by the Planning Department . This report contains an a nalysis of every zone district , and it is hoped that this report will serve not only as a basis for the revision of the Zo ing Ordina nce and a housing program , but also that it will be a valuable reference for the citizens as well as for the city departments . Mrs. Romans commended Mrs. Esther Woodhead who had responsibility of printing this report, and also commended staff members who worked on the study, particularly Mr. Dale Wardlaw, who work ed on th "anrexation map" which is in the report , and Miss Margaret Isom wh o wa s the project coordinator . Mrs . Romans briefly reviewed the Land Use Study, pointing up areas of concern, and zone districts that are not functioning properly , as the R-2 -A, R-2-B, and R-4 Zone Districts. Mrs . Romans stated that she hoped this report might encourage redevelopment of some of the older areas in the city , and she stated that the city will have to consider new low-cos housing. Mrs. Romans discussed the Home Builders Show which she had rec e n ly attend ed, and the modul ar housing that was on display . Mr. Lone com- mented that the Council of Governments has discussed the modular housing situation, and fee l s that new buildi g techniques and new types of construction should be consid red. Discussion followed. Mrs. Romans noted that Arvada is reported to have amend d their buildir:g c ode to permit the "off-site" inspection homes , plas tic ire , e c ., a nd en h ad to amend the building code again to the original wo r dir.;J c au se of the co. cerr. o f th property owners i n the city. Mrs . Romans discussed a home tha wa s i n the display a the Home Show; this wa s a thr e bedroom h~m , 1000 sq . ft ., FHA approved, a nd sold for approximately $1 7,500 ir.cludirg th lot a•d f oundation . Mr . Lon s tated that his company had co~a r d thF cos L of a f a ct~ry modular home and o o f on-sid construction ; th _ dHf r r.c wa s sorr thi rg lik $4 0 . But, th modular horn did not hav a basem n t or a garag , whi~h h hom bui lt on-site did hav ; th refore, th modular horr wa s f1gured t o b mor exr ns iv H stat d that they wer figuring on $'J per s quarP fool: 1.n th fa c tnry for he modular hom , plus the cost of the land . 5 I • • f • • The cos t of th Land Use s dy was d1 scussed . It was determined that we should ask S l O f or a copy of his S tudy . It was also determined that City Council should be sent copi s. Mrs. Romans discuss d the l ow-cost housing projects being undertaken by some groups whereby they purcha se land for the housing developments that is not zoned f o r high de nsity residen ial use , or residential use of any kind , and then ask the municipalities to rezoLe it ve . though the residential use may not be within the Master Plan for that ar a. F ~th r discussion followed . Mr. Lone commented that the cit1es establisn industr1a l and commercial z ones to provide a tax base, and that by requests to rezon p o rtions of it for residential use, we are damaging ourselves, a nd the applica t~ are hurting themselves, too. Further brief dis- cussion followed . VII . MOBILE HOME PARK REPORT Mrs . Roma .s stated that she had no additional information other than what had been sent Comm1ssion members with the agenda packet, whi ch information set forth summaries of the mobi le horne parks in Englewood . Mr. Brokate, the Chief Building Inspector, is working with Mr . Nelson on the Oasis Mobile Horne Park in regard to the additional two spaces over and above the 26 spaces approved by the Com- mission . Mr s . Romans stated she understood Mr. Nelson wa s to bring in an "as built" plan for consideratio • Mr . Carlson asked if there were any further sugg stio s from the Commission on the disposition of this matter? Mr. Lon seated he felt the Ordinance must be enforced, and commented he didn't like the "push a'"ld shov e " attitude displayed by some of the mobile home park owners . Mr . Carlson a s ked i( they felt the Commission should consider the matter further, or if it should go to the Board of AdJustment and Appeals? Mr . Lone stated that the Commission has approved 26 units; if the owner of the Oasis Mobile Home Park wants rel1ef from our determination, he felt they would have to go before the Board of Adjustment and Appeals . Mr . Woods stated that he would like to look at the matter again, and that if Mr . Nelson could present evidence that permission wa s given to install thos wo additional units, he would be inclined to go along with the 28 un1ts . Mr . Lo e stated he felt it was a matter for the Board of Adjustmen , and pointed ou tha the Commission approved 26 spaces, and did not authorize 28. Mr . Lentsch stated he felt they shou ld have 26 spaces as per our approval , but if they wanted 28 s paces we should consider it . If we deny the t wo additional spaces , th n hey can go t o th Board of Adjustment and Appeals . Discussion followed. Mr. Le . tsch asked if w had anything from the Building Department indic ati g authorization of the two additional spaces? Mr . Carlson noted the summary of th trailer courts prepared by the Building Department , whi ch summary s tates that this court will have 26 spaces whe n completed . Mr. Lone stated tha he felt i was up to the Building Depa.rtrnent to enforce what the Plan~L~g Commis s1o~ allow d, and any appeal from that decis1on should be to the Board of Ad justm nt, not t o the Planning Commi ss ion . Further brief discussion followed. No action was taken. VIII. CASE #6 -70-A 1/20/70 Mrs . Roman s stated that followi g the directive of the Commission at the last m eting, s he check d into wha t could b done about th burned filling station at the Hampd n-Ban ock intersection. According to th zoning Ordinance, this is a non-co form1ng u se in the B-1 Zone District , and following a catastrophe--such as f1re--h ey are given six mo hs i n which to make repair s . The owners of this buildin g h ave done noth1rg t oward re p airing this us wi 1n the stipulated time, a ~ an order h a s been give tha 1t mus be torn down , and any further use of the lar.d m'.lst be a "cor.f rmirg u!"e ". Thi<: ord r has b n aFpealed by the owner to h Board of Adj~stm nt and Apfeals . Mrs. Rom a ns s atPd follow1~g a fOll o f members of th Planning Commission, it wa s the d t e .i. o~ that a tire a~d brak l1n ing s or would be acceptable on he w sLde of Sou h Pa .r?rk S r ~e t, across th stre t from this burned gas sa 1on. S ~e n~ted tha 1n Mr . wa3gon r's m morandum to Chi f Building Inspector Brokate, h has s ated tha ~r 11 h of p rmission for he tire-brak lining store, 6 • • • • ( ( tha the Board of Ad justme~t wo ~ld be justified in granting permission for re- construction of the filling statio • Discussion followed . Mrs . Romans stated that the reason filling statio s are not permitted in the B-1 Zone District , is that the Fire Departme t does ot want trucks carrying fuel on the heavily con- gested streets tha t are i~ the d o town business distr ict . Also , the capacity of trucks deliverin g gas t o a B-1 locatio such a s this ar e limited to 1500 ga l l ons, whereas the c apacity of truc ks d e liverLng gas to sites o~ an approved route for the era sport of explosive substances is 9500 gallons; these limitations are writte ~ in o the Fire Prevention C de. Mrs. Romans stated that she has discussed the rna ter wi h Fire Chief Haroilto , a nd it is his opinion that t .his intersection is a very congested o n e now, and it would not be wise to permit the filling station to be rc~onstru ct ed. Discussion followed. Mr. Lentsch suggested that perhaps the Commissio should suggest to Public Works Director Waggoner that the Commission 's stand is that this is n ot a satisfactory location for a filling station. Discussion followed. Mr . Lone stated that a memo randum to Mr . Waggoner from the Planning Director should be written indicating the Commissions concern in this matter and stating that the Comm ission is of the opinion that the use on the west side of South Banno c k S treet in the 3400 block south as a tire and brake lining store ~n no way co done s the use on the east side of South Bannock Street in he 34 00 block for a filli~g statio • The ma~orandum should also state that the Comm i ssion strongly urge s him to recommend denial of the filling station use by th Board of Adjustment, 1nasmuch as filling stations are not permitted in th B-1 Zone District because of dangers of transporting gasoline on badly congested streets. Discussion followed. Mr . Lone also suggested that we request a copy of said memorandum to be entered into the record of the Board of Adjust- ments at said hearing . The Comm 1ssion instructed the Planning Director to write this memorandum to Mr . Waggoner. IX . MOBILE HOME PARKS ORDINANCE CASE #5-70 Mrs. Rom ans presented Commission members with copies of a proposed Mobile Home Park Ordinance , which is similar to Littleton 's Ordinance , and based basically on FHA standards and a model Ordinance put out by the American Society of Planning Officials . ~trs . Romans briefly reviewed some of the provis ions of the proposed ordinance. This Ord inance wil l provide for "licensing" of the mobile home rather than charging an inspection fee which we presently do . Mrs . Romans stated that she has discussed this aspect of the ordinance with Director of Finance Lyon , and he has indicated he feels the licensing perha ps would be better than the inspection fee. Mrs . Romans stated that the Ordinance suggests $120 for the first ten spaces, and $1 2 for each additional space. Mr . Lone asked if a mobile home park had five spaces , would they still be required to pay the $120 licensing fee? Mrs. Romans stated this was a point that should be clarified, and it should possibly read "$1 20 for f~rst ten spaces, or any portion thereof". Mrs . Romans stated that the min1mum acreage for new parks under the proposed ordinanc e will be 4 a cres. Mrs . Romans stated that the Ord1nance has been dis- c ussed with City Attorney Berarad1 1, and it is his feeling tha t mobile home parks should be a permitted use in a zone classification rather than a "condition- al us"; this matter will be a poi t of consideration . The density will be limited to 8 spaces per a c re in a mo Lle hom park , and 16 spaces per acre in a travel traile r park . Park1~3 spaces will be proposed to be a minimum of 9 ' x 20 '. Discussio f o llowed. Mr. Lents c h commented that he thought the proposed Ordinance wa s f~ne , but ask d what will happe if w adopt this Ordinance, and it is not ~for e d ? Mr . Lentsch furch r sta ed that he didn 't think it made much difference wha O rd1 ~a rre was in effect 1f none of them were enforced. Further discussion follow d . Mrs . Roma s displayed a "model" mobile hom park drawn under the propos d ordil.a c • Brief dis cus sio~ followe d . No a ction was taken . x. .;.c==:..::...=..,.;:;~:;.::;::=::.:.;.=- Mr . Lo·e r ported that the remodeli~g program of the Co u ~c il of Governments effie c; has "fa ller thro ugh", a .d the City would not follow through with the co~tr1but Lnn th y had a reed to make. He also reported that there are apparently o r JUrJsdtc Jo• s wl'.o are co•.cer ed about th valu of the Council of Govern- m r s, h co~ ~ Pd , hnw v r , that s uch a regional agercy is necessary if we hope o ob air ary f d ral as s1s tarc • Dts cuss io. of th Council of Governments programs follow d . 7 • • - • • Mr. Carlson reviewed the Policy Advisory Committee meeting, at which meeting the TOPICS map of the State Highway Department was considered. Several grant- in-aid applications were considered and approved. Senti moved: Woods seconded: The meeting be adjourned. The motion carried , and the meeting adjourned at 10:50 P . M. - RECORDING SECRETARY 8 I • • f 2X - CI'J."l{ OF ENGLEWOOD, COLORADO Chairman ( JAiltlAJtY Vice-Chairman Clayton called the meeting to order at 8r00 P. M. BM PRESENTr Clayton, Pitchford, Wetteratrom, Mezen J '*· 1970 '(' v~ 0 <<:- O<q OTHER 0 XCIALB PRBSEUTs Kells Waggoner, Director of Public Works Joe • Frizzell case o. 1-70 4 770 South Broadway !'he applicant requested a variance to permit another curb cut to be within 18 ft. of an exiating curb cut. He h a a 140 ft. frontage on Broadway on which he lula built a new building on the north end of the property and h ve the parking for the two buildings in the center of th plot with one-way traffic and this would require the curb cuts to be closer than the required 35 ft. t'he property has been posted and advertised for Public Hearing . Waggoner approved the curb cuts providing the second curb cut not be gr.nted until the building permit is issued by the Building Dept. for th proposed building to be built on the south aid of the property. ----------------J • J. Balpin c ••• Bo. 2-70 317 6 South Acoma Street !be plicant ia appealling th Building Inspector'• notice to ce .. e • uae of the baaeZOMUlt rO<II!l and bath for hia own uae . 'this ia an a-2-a zone wbich permits two living unit.. '!he property h.u been poated and advertised for l'ublic Bearing tonite. !'he applicant stated he purchu d April 1, 1969 d it waa puxchued for iDe pro rty. Be bas roved the preaiaea by putting up fences, tearing dOlo' buildings and haa thus ilaproved the naigbboxhood. Be want. to sleep in the hOUIIe to keep it up and he hu had 6 alllt:hea to repair the houM and feels he baa d e a lot. aggone% preaanted the following inforaationa The letter to xr . lpin froa the ilding Dep&rtaent. • I . • -• ov r 25, 1969 Mr. OS a J. Halpin :n 76 South Acana ~gle~. Colorado 80110 REa ttropex-ty at 3176 south Acoma, owners J; ea J. pin zoned a-2 B (two (2) family) Dea.r Mr . Ralpi.n : An ina~ction of the above property by Building Inspectors Hamilton, Scrivner and arokate thi.& date rev.al.ed that at least four (4) separate apartaents a.r being maint ined, illcl ding the owner•s apartment quarter• in the baeement. Pureuant to a Board of Adjustment and Appeals hearing dated JUne 14, 1967 - the property wu thtln under the ownership of :Kate Baughman and tAir onorofsltie lessee and e quote the Board' • finding as follower It is th decision of the Board of Adjustment and Appeal• that the variance applied for should b 4 denied and th~ building be returned to two-f ly use within 60 d ye frOIIl this date -JUne l.4, 1967. Furthenraowe, illegal plumbing, wiring and heating facilities ehall be removed and the building brought into compliance with Kin~ Dousing Code -Ordinance No . 17, eries of 1966, and I'ire Regulations. Arranqe111ent.e shall be made with the Inglewood Building Department before the corrective work on the building and mochanical a etarted. 'therefore, xr . Halpin, you are hereby eerved ten (10) day notice to return tbi.e property to atrict y 2-f ly use to comply with zoninq Ordin" a 110. 26, sezie11 of 1963. .Purthar ycu are to re1»0ve .cooking facilitie £r011l the baaeaent and ceue at once the une of any pert of the bl\.8 nt area u s!.eepinq quarters, r era, etc ., since thia portion of th building doe• not COJIIPlY with the Englewood Housing COde, Ordinance so. 17, Series of 1966, for such or similar use, except as an acceasory uae for one or b oth of the two (2) faraily UDe raucb the ac.me aa any baa nt ia us d for a eingle f ly residence. ~e two (l) apaxtmenta allowed are aa follows •• we agreeda l. l'ront pa.rt:ment -living and kitc."ten -lat floor with bath and bedrocaa on the 2nCi floor. Pront exit al1t0 north exit from 2nd floor. 2. R ar par nt -bt floor bath, living and ~droo. w th itcben in enclosed p tio section. South aide exit -•lso xit fr kitchen eaat. Other nota ~ ill 9 1 Alao • ould •• • closing th old grape arbor aouth aide of ouee i.e torn d removed. buildings uaed for atorage of household iteas 4 u a bit to reduce fire hazard.ll . 1•1 . A. S.UtoD, Acting Chief BUilding Inepect.or I . • -• A petition signed by 34 people in the area in proteat of the granting of requeeted variance. Requesting the zoning lawa be upheld -they purchased their homee in good faith and to grant a variance underminda the zoning laws. Robert Leonard 3184 South Aeama -lives iDaediately south of said property, spo~ tor neighbors. state a adc!a to the parking problema, more people. l'IDre noise -they are diat.rubed by men liV'ing in the bas..eDt c:caing hale early in the morning. In February of 1969, they rece1Yed a notice in the mail fraa United Real Estate ccapany ahowin.q the property at 3176 o. ACOin& u being sold and the U..ating showed l faaily unit.a in an a-2-B zone. Also had saM navp-.per ada in the papers showing 2 living units. !."nere ~i young couple, 4 f-ilha and 7 dogs occupying the premJ..aea. w ••• 'J'Wiat 3168 South Acoma -lives north of subject property -statea they are dbtrubed by the noise of people. dogs and e&n • t sleep at night because of the diatrubance. Dallaa Dbority 3150 South Acoma -'fhird hoWJe frora the north of llubject property. Says the zoning lavs ahould be upheld. He feels 11r. Halpin i.e trying to do a good job but 8hould the property revert baclc: to original OWDer we want it to be in otrict ~liance with the aon1ng ordinance. 'l'hcaas P'itzpatrick 3155 South Acoma -Spot zoning ia dange.J:'OQS enforced. the ordinance should be Paul Heyer 3195 South Acoma -hall lived here sUe. 1942 and they worked for a long tillle to get the subject p&"Operty to caeply with the zoning ordin coa and h thiDka it should be .. intained. •1 tchford 1a0ved Mazen HConded, the coaditiC~~W or cba.racter of thla neighborhood have not chan9ed since the IIUb;Ject property vas before the Boa.rd isl 1967 nor baa the soaing changed - there e the Var iuloe be denied aDd the property reaain two faaily liviDg unite u directed. Ay~a• s Clayton, Pitchford, Wetteratraa, &en •1ll'11• Jlorth at corner of w. 'l'Utta and South Lipan cas!NfO. l-70 requested a variance to have three building ait.ea isl an , ODe with a 60 ft. frontage in a-1-A &ODe. 'l'h• property baa been po ted d adwrtaed for public hearing. ~ere waa no one pre•ent concernbg tha vuiance eo the following 110tion was .. de. • I . • ' -• liaaen moved. Wett.J:'•troa aeconded, the tubli.c &eu:iD; be COD.ti.Dud until the next regularly ac:hec!ul.ed Meting to be held Pebruary 11, 1970. ~-a Pitchford, lfetteX'Irt:X'clrl, lle&eZl, Cl.ayt:oft ~· IJoe Abient a Rbodu.a 4615 South Santa !"e cue Jo. 4-70 'fhe I!IP.Pli.cant .is requesting pel:1U.asion to built an addition to h1a raeid4Jnce . fte reaidenc:e ia in an I-1 a:one and i.e on the aame plot of ground u hia uaed ear lot . Ia thia residence conaidered ~ caretaker•• reaidenae? llr. Saueier says he owna the cax lot ud it aete back frCiill Santa Pe, itia a hole-.le car lot. 'fhe reaidenc: ia on the b ck of the lot. Be states they do have a J.ot of vandalil:a. lfetteratram moved, Jla&eft aeconded, the ruidence is a caretaker •s ruidence and therefore !a a permitted uae. A,yeas Pltc:h.ford, Wetteretroa, Mezen, Clayton lfaya a Jlone Abeent a RhoduJI 'fhere be.I.Dg no further busineaa to coae before the Board the aeetbg waa adjOGJ:Ded at lOtOO P. Suie lclm!ider • I . . , • • Introduced as a Bil l by Counci~an ----------~L-~~-~~~--------- CJTY c 0 F F I ,.... I A BILL FOR (' CiT y C.. 1:': ~~u . Col o . rul ORDIJIAIICE APPROVDfG 'rR.E WHOLE COST or Tim IMPROVE- ME!I'l'S MADE I. AliiD POR S ID!:WALit XMPRCM!:MDIT DISTRrCT 1110 . 69 IN '1'HB CITY 0.. BNCJLBttOOD, COLORA007 APP OVIN AND COIIFIRMING THE APPORT IOMMBIH OP SAID COST TO BACH LOT OR TRACT OF LAND IN SAID DISTR ICTr ASSESSING A SHARE OF SAID COST AGAI!iST BACHID'l' OR TRACT 01' LARD IN THE DIS'l'RICTr A!ID PiU!SCRI OING mE MANNER ~ COLLZCTIOH AHD P.t\'YMEM'I' OP SAID ASSESSMZNTS. WHBRBAS, the Citlr Council o f the City of Englewood, Colorado, pursuant to the Ch rter and Ordinance Bo. 1 4 , Series of 1965, of said City ~nd th Lawa o f the State of Colorado, e nacted Ordinance Bo. 28, S ries o r 1969, creating Sidew~lk Improvement Diatriet No. 69 , and p rovidinq for the oonstruction ~he roin o f aidwall< i m rovernent s r and WHEREAS, the Mayor a n d Director o! F inance advertised f o r bid to construct &uch improvements in three (3) con secutive 1~e kly i sue of ·the GLEl~ HERALD1 nu WHER.KAS, 1 bi( we=-o open t 2:00 P.M., ~rid ay , August 1, 1969r and RBAS , on Auqua~ 5 , 1969 , the City COuncil of the City of Bng l~, co orado , accep ~ tlt· bid of J & Co ncrete in the L~unt of $9,897.76 a the lowes t and beat bid and authori&od the Mayor and City Clerk to execute contract docu- enta r and ~. th conat.ruetion o t such i prov .... nta haa o e n co~p l eted and th total coat s of auch improvement• h ve been rel iably aacertained r nd WHERBA8 , n atatement ahowinq the tot a l coat of th improve.enta baa been duly fi led with the City COuncil r and iliBREAII , fro1u th ~ a t t 111en t 1!14de and filed with th<lr City council, it appeara that the Whole coat of .. id i~p rove- • nta h the aura uf ,H,OGJ.Jl, said a.ount including costa of i!'l apec:tion, collection an~ other incidenta a and al eo includinq intereat •• allowed b lawr and WHEREAS , tc~ s~id atat n~ it al ao p rs that the Ci ty Council haa apportion• a ahara o f the aaid Whole coat to o h l o t or tract of l :md n s i d District , in ~co rdance with : bQnttfit s t o be dor 'ved b y uaid propeAty and in th pro portions and BIDOunte aeverally ct fo rth in R solution adopted by th11 City oouneil on th 19th d y ot January, 1970, ~lich Re olution i by r t r nee Ned u rt l r of: and WHEREAS , Not ot a publio he r in concernin~ the lr~vvitaq of aaaeam nto o tht• real property in tho Di atric and u n thia ordinanc 1'1 be n publiol1od once week for threo (3) w .. ka in th Enql wood Herald , a newapaper of ~eneral cir- .ulation in e City , dnd , in addition, a copy of the Notice haa been 1 il d , postage prepa1d, to each known owner of real property w1.thin ho District, which tice ia by r t re ce mad a part h :: of: and • • - • • -2- wa.REAS, at the tiae and place apealfied in aaid 8otice, the City Council aet in open •••don for the purpoae of h .. rinq ally objection• or proteata that aipt be ude ~ai.nat ea.id ••••••- aantar and WHBREAS, all objectioll• and eoNplainta bavin9 bean duly hea~d and conaidered, the council has deterained th t ueh objection• should be d a lli e d exce pt aa thia Ordinance baa aceep~ed th .. and inoorporat od herein chaft9•• in aaid -•e• t• b ... upoD aaid objectionar and MBERBAS, on the 2nd day of Marah, 1970, a Bill for An Ordinance Approvinq !'he Whole Coat Of !'he _ro,....ca Ma d In And For Sid.walk Iaprov--.nt Diatriat &o. 6 9 , Ill !'he City Of .,nqlewood, Colorador Approvinv And Contirainv The Apporti.ONHht Of Said Coat 'l'o Baeh Lot Or 'raot Of Land In Said Diatriot r Aaaeaaing A Share Of &aid Coat Avainat &aoh Lot Or 'ract Of Land Xn The Diatriatr And Preac ribing 'rhe Manner !'he Collect ion And Pa~t Of Said Aaaea.-enta, was introduced by councilman L.:J alld wee puaed on tint reacU.Dg • .0 , 'l'JIBllEJ'OU, IT OllDAIBBD BY '1'BB CITY COURCIL OF 'rBil Cl'I'Y OF DfCU ""000, COLORADO, aa followaa &ectiop 1. filat the whole coat and apportioruMnt o f the ..... aa aet forth ill aaid Reaolution and .Otice and aa aaended herein, ia hereby approved and conflraed, and a a id apportionment ia hereby dealarec5 t o be ill aceontance with th benefita which the property in aaid Diatrict will receive by r...on of tho conatruotion of Hid iaprove...nta, and a ahare of aaid aoat ia hereby aa .. aaed to and upon e~u:h lot or tract o ! land vi thin the Diatriat in the proportion& and ..,unta .. t forth ia aaid Reaolution and »otice. S8Ction 2. That aaid Reaolution ia hereby changed u ollawaa (a) Of the Whole aoat of $14 ,0 l.ll, tbe City of 8Dql..ood ~11 pay $4,209.02, le ving balance of f9,854.29 to be ••••••eel againat the real property in • id Diatri t. (b) fte auza of $9,854.29 will be •pportionlld to the r .. l property in ••id Dlatrict and aa .. aeed u "t forth in eaid aeaolatioa which Reaol~tioa ia hereby nded in the followiag rtic:ul•r•• .... •net Afdre• ~ ~ Herbert c. • l• Marian R. ..11 2 2900 outh Aooaa Enqlewood Colorado 10110 Alvin o . • 3 5& Romoni a a taon 36 3 04 5 South Acocaa Bfte]lewood Colorado 0110 17 23 Speer a Broadway Wditioa .. $81.4 $57.18 6 1.44 I . • • • -3- sgt10!! 3. 'that aaid aa .. a ... nta ahall be c!lle and oayabl at office of the City 'rreaaurer, without d ... nd. within thirty &aye fro. ADd after the final publication of thia Or· inanc:e. Xn case any owner of r 1 property ua ... ed under th ia Ordinance ahall fail to pay the whole o i auch aaae11an~ent gainat hiu pro rty within eaid t hirty d ys , then, th pro rata o~t o aaid improvement& ao aaaeBaed a9ainat hi5 property, oqeth r with interes t t the ro t o f -r c nt po~ nnn um on any unpai~ balance, ahall be payable i n ive equal annual install- . nta , the f irs t of which in.talL~ent a of principal and interest oh ll bo due and payable on or before January 1, 1971, and the r inder of !.d in tallmen n ah 11 b d ue a."ld pa}•a: 1 o uc: aively on cr before the 1st day of January, in ch yonr thereafter, until aid p rincipal nd int r 3&t ara p id in full. railure to pay any in t ll~nt. whethe r o f princ· pal o r nter :; • wh n . · £1-,a ll ,: uae the whole of t h• unpa id prin ipal t o becc.e due and payable cdiat l y , and the wh ole amount of th unpaid principal and c ruod :.ntorcst lfhall the .:t o r r w · nt3 rest at tl ·-1. -' o: one per centum (l pet.) per 1oonth , or f action o a :oo th, . i l ~he d te o ! tax •ale, aa b y law p rovi~ed . but at any time prior to cha date o the alo, any owne .. y pay tho amount o l l unpia id inatall.JaonttJ with in eroat at on per ceotuw ( pet.) • month, or f raction of s month, upon all delinquent inatal l- ments , and all penalti-accrued, end £ha~l thereupon b r.e t o,..ed to the right th reafter to pay iu i Ji ll.JDent.• n s ;:n;:..: ner a if de !a :.~lt hnd not btten su fered. 'l"he owner o f any property no in de! .ult aa to any inat l lm nt or pay.ent r:aa y . t any time , p~~y t h e whole of the unpaid pri&lCI pal with a c::r od in cr at to th~ date or the next aeeasment inolallment payment date. aymenta may be made to the City Tr •~•r at any e imo within thirty days a f er tho Iinal publi at on o! ~.ia Ordin:lnall. ~cd i otoly a f ter the expi ration o f uch t hirt d a y period , V3 ld aaaesBmOnta shall bo erti!iad to tho Cou ty Treaaur :c o ! t.ra p"'h County, Colorado, for collection, u provided by law. ~~t un • Th t i ! any ono or more aeotiono or pur t9 of this Ord nan~ shall be djudqod ununtorceablo o r invalid, such iudgaent shalL ~t ~f eot, ~pair or invalidate t e r ining p ro·d ioas O-t 1ia Ord1nanc • 1.t u ng bl inteo ti t t the va riou11 proviaiona hereo f • 1. • S~tion 5. 'l"hia Ordin nee, after ita final paoaag • a all bo recorded 1.n t ile City Ordina ce Book kept for that purpoae , ahall b<~ a..a · ld"lticated 1 t h e a i(Jt&utw: .. o th K&yor u. J ty lc~rk , a ud ahall be pullliahed in .Jte mtat.mfOOD 7UAA LD, a newspaper o gene~al circulation publ~Mhed in aaid i ts , within aeven days a la ita final paaaagct, IUld ahall bo 11n ~ r ... in irrepealable until the uae• ... nta hereby ..ade aha11 be paid in t ull. IntroduoecS, read in full and paaaed OD Ur•t · reading on the ----day ot 1970. d y of Published a a Bill f or an Ordinance on the ---------- ---------------• 1970. MAYOR ATTEST s EX OFFICIO CITY CLERK I · • ' • • -4- day I, Stephen A . Lyon, do hereby certify that the above and foregoing is a true , accurate and complete copy of a Bill fo r an Ordinance passed on first reading on the ~~~-------­ of .~----------~-----· 1970 and published as a Bill for an Ordinance on the day of -----------------• 1970. ATTEST& EX OFFICIO CITY CLERK I • • ' • • -----------~------~------~. • Introduced aa a Bill b y Councilman --------------------------- A BILL FOR CITY r 0 r rIC I ., cc._. CITY OF , .LE;: All ORDDIAIICB APPROVDIG 'I'D WHOLB C08'1' 0/P -~ <.-'iitJavi- BII'l'S MAD!: Ill AIID !"'R IIDZWJU.X .DIPROYBIIa'l' DlftalC'l' .0. 69 llf TBB Clft 01" JaiOLDIIOCID, COLORADCh APPROVXE AIID a.PIJUaMIG '!'1m APPOR'l'lCWU&i or SAID C08'1' '1'0 BACH Lt:1f OR '1'RAC'1' OF LNID Ill SAID DIS'l'RIC'l' r ASSZSS ~ A SHAlU!: OF SAID COI'l' AGAIJU'l' EACH ID'1' OR 'l'RAC'l' 01' LAJID D '1'D D11'1'RIC'l'r AIID PRDCRIBIIIG '1'RB MNIIIIBR THE COLLEC'l'ICB ARD PAnc.'l' OF SAID ASIBSSMD'1'8 . WBBREAS , the City Oouaeil o f the City o f Bnqlewood, Colorado, purauant to the Charter and Ordinance Jro. 14, Series o f 1965, of aaid City and the Laws of the State of colorado, enacted Ordinance lito. 28, Series of 1969, oreatinq Sidewalk rmprovement District lllo. 69, and providing for the oonatruotion therein o f aidewalk i•provementar and WHBREAS, the Mayor and Director of rinaaoe advertiaed for bide to conatruct auah i•proveeente in three (3) consecutive weekly hauea of the JDfGLBWOOD RBRALDr and WHBRZAS, aaid bide were open~ at 2a00 P.M., Friday, Auquet 1, l969r and WRBREAS, on Auquat 5, 1969, the City council of the City o f Bnqlewood, colorado, accepted the bid of 3 • • concrete in the amount of $9,897.76 a a the lowest and beat bid and authorized the Mayor and City Clerk to execute contract docu- aaentar and 1IHEllBAS. the construction of auob ia~ov-nta haa been cOMpleted and the total costa o f auoh improvement • have been reliably aecertainedr and WIDRBAS, a atat ... nt ahowinq the total aoat of the improveaenta baa been duly filed with the City OouAoilr and 1111BRZA5, fi'OBl the atat-.nt .. de and filed with the City council, it appeaza that the Whole ooat of .. id t.prove- men ta ia the aum of $14 ,063.31, aaid amount 1nolu41nq aoeta of inepeotion, col lection and other incidental• and alao including interest aa allowed b y lawr and ~. from aaid etat...nt it al.a appears that t h e City Council baa apportioned a ahaze of the said Whole coat to eaeb lot or tract of land in aaid Dietriot. in aoaordanoe with the benefit• to be d erived by aaid pcoperty and in the p roportions and a.ounta aeverally aet forth in a Resolution adopted by the City Oounoil on the 19th day o f January, 1970, Which Resolution ie b y reference made a part hereofr and WRBREAS , Motiee of a pUblic hear ing eonoerning the l vyinq of •••••..ante on the real property in the Diatrict a n d upon thia ordinance baa been published once a week for thre e (3) weeka in th Bng lewood Herald , a newepaper o! general ci r- ulation in the City , and , in addition, a copy o f the otic• h a e en iled , poetage prepaid , to each known owner of real proper~ \~ith i n the Diatrict, wh ich Notice ia b y reference made a part hereof t and I • ' ~------------------------~--------~. I , • -a- WBKRBA5, at tbe tiae aDd place apeoified in aaid ~tice , the City COUDcil ••t in open ••••ioa for the purpoae of bearing any objection• or protaata that ai9ht be aade a9ainat aaid aaaeaa- mentar and ' WHKREAS, all objectioaa and ~lainta havin9 been duly heard and considered, the Council haa determined that auch objeetiona abould be denied except aa thia Ordinance baa accepted them and incorporated herein changes in said aaaeaamenta baaed upon said Objections, and WHEREAS, on the ln4 day ot MaLah, 1970, a Bill for An Ordinance Approvin9 The Wbole Coat Of Tba ~rovamenta Made In And For Sidewalk ~ovamant Diatrict so. 69, In The City Of Englewood, colorodor Approving And Con!inuoq 'l'be Appcrtionmcn Of Sdd coat To &ach Lot Or Tract Of Lend In 5aid Dutrict1 Aaseaaing A Share O! &aid Coat,Aqainat Each Lot Or Tract Of Land I n 'rllc District1 And Prescribing JlaDner Tho Collec ic>n And Payment Of Said Aaaea~nta, was introduced by Councilmnn ---------and wa• paaaed oo f ir at reading. IIOK, 'l'IIIUUII'OJlE, II£ I'l' OllDADIED BY 'l'BK CITY COUNC I L Of' THE CITY' OF JDiGLDiOOD, COLORADO, aa f oll.owaa 5aotion 1. That the whole coat and pportionaent o f the aaae, •• aet forth in &aid Reaolution and M tice and as iiiiMnded herein , i.e he.raqy approved al\d oonfi~. 11<1 said ~pportio~~nt ia hereby declared to be in accordance with the benefita Which the property in aaid Diatrict will receive by reaaon of the c:ont~truotion of aaid ~mp ·o .....-u, !U\d shar of aaid ooat ia hereby aeHaeed to and upon e aco lot or t.cact o f land wi t-.hin the lliatrict io the proportiona and uaounta .. t forth in aaid Resolution and »otice. Section AS fo llO'IIS I That aaid Keaolution ia hereby changed (a) Of the Whole ooat ot $14,063 .31, the City of Ehglcwood will pay f4,209.0l, leavin9 ba lance of $9 ,8 54 .2 q to be ••••••ed A9&inat the ~••1 property in said Di tric • (b) The awa ol. ~9 , 8S4.29 will be apportion to the real property in aaid Diatrict and aaaeaead aa aet lorth i aaid Reaolution whiah R8aolution is h•reby nded in the follcwin9 particular•• Waae !nd ~dreaa !Q1 ~ r.ubdj.vi:!AS!!l A ... aament Co&t lml !2. Her ert c . & lio 17 s ra B1::oadway $76.24 5 7.18 Marian R. Ball ~ AdcliUoo l900 outh Aca.a Engle\ofOOd Colorado 80110 t>lvin 0. & 35& 23 $81.49 $61 .44 Ro nia t son 36 304 !> So tb Aco:ua nCJl wood Colorado 80110 I . • -I • • -3- Seoti~ f· 'l'hat aaid uaaa ... nta ahall be due and payable at fbeof ca of the City reaaurer. without d ... nc!. within thirty daya froa and after the final publication of this Ordinance. ln case any owner of rul property ...... ad ...tar thi• Ordinaaoe ahall fail to pay the Whole of such aaaaa ... nt aqainat hia property within aaid thirty daya, then, the pro rata coat of aaid improvoments so aaaaaaed gainst his property , together with interest t the r t o f 6 per oent per annum on any unpaid b a l ance , ahall bo payable in five equal ann 1 install- menta, the !irat of which inatal~enta of principal and interest shall be du~ and payable on or before January 1, 1971, and the remainder of said installment s ahall be due and payable eucceaaively on or before the lat day of January, in each year therea f t er , until said principal and interest are paid in full. Failure to pay any installment, whether of principal or int r t, When due shall cauae the whole o f the unpaid principal to becoae due and payable i~ediate l y , and the whole amount of tb unpaid princ ipal and accrued intereat shall thar~ !ter raw int er at at the rate of one per centum (1 pet.) per rnonth, or fr ction o f a conth, until the date o f ~ax sale, aa by law provided, but at any ti~ prior to the date of the sale. any owner .. y pay the ..aunt of all unpaid inatall.aenta with inter at at one per centum (l pet.) per month, o r fraction of a aonth, upon all delinquent inatall- menta, and all penalti .. accrued, and ahall thereupon be reetored to the right thereafter to pay in inatall .. nta in the same manner a• if d efault had not bean suf fered. The owner ~ a n y property not in de a ul t as to any inetall.aant or pay.ent may. at any ~iQe, pay the whole of the unpa i~ principal with accrued int rest to the date of the next aaaeaeMent installment payment date. Payments may be made to the City Treasurer at any ti .. within thi ty daye after the final publication of thi Or~inanc e . I.mediately after the expiration of auch thirty day period, •~i d aa aa& ... nta &hall be certified to the county Yrea.urer o f Ara ho County. COlorado, for collection, ae provided by law. Section 4. 'l'h.at if any one or aore aections or parts of this Ordinanc e shall be adjYdged unenforceable or invalid. such ju~t shall not affect. t.pair or invalidate the r ining provisiona o f thia Ordinance, it being the intention that the var oua p r ovi iona hereof a re severable. Section ~. 'l'h.is Ordinance. after ita final pa sa9 • shall be recorded In the City Ord inance Book kept for that purpoae . shall be authenticated by the a i9na'turea o f the Mayor ~tnd City Clerk, and &hall be publiahed in the ..u..awoaD HDALD. a n.wapaper of general aireulat1on publiahad in aaid City, within seven daya a tar ita final pasaa9a, and &hall be and r..ain irrepealable until the aseee-.nts h•reby -d• shall b. paid in full. Introduced. read in full and paaead on tirat reacUnq on the ----------day of • 1970. Publiahad aa a Bill for an Ordinaaca on the day of -------------------· 1970. ---------- MAYOR ATTEST : EX OFFICI O CITY CLERK I • • • -4- I , tephen A. Lyon , do hereby certi y that the above and foregoing is a true , accurate and complete c o py o f a Bill for an Ordinance passed on first reading on the day o , 1970 and published as a Bill for an Ordinance on the day of , 1970. ATTEST: EX OPFICIO CITY CLERK I • • f • • • Introduoed •• a Bill by Oounei~ ___________ c~~~~·~c~,o~,b~,~·~---- ' r I 1t ij .• r:-~y .,. A BILL FOR '-vt 0. N1 ORDIJIIUICE APP~ THE WHOLE C08T OF THE IMnOVZ- ....... UDB Ill AB I'OR StJli'!IALK lMPROYDIBII'I' Dl8T1UC'l' 110. 69 lJI '1'1111 Clft OF ~. OOLOitADOr APPROVIJIG AMD COtll'lJUUMG 'ftiB APPOR'I'I.-..r OF SAID a.T 1'0 JIAOI LC1t OR TUC'!' 01' LARD Dl SAID Dl8ft!C'I'r A&SUau.cJ A 8IAD C. SAID C08T AOAIMST EAaltDT OR TJAC'f CW LAMD D 'l'HK DlftRIC'I'r A.:> PRaCRIBia> THE MNnnUt '1'RB COY WC'l'IC»J Am PAYICIWI' CW SAID A&SU....-r&. tftiiiRBAB, the City Council. o ! the City o f Enc]l.wood, Colorado, purauant to the Charter and Ordinance No. 14, Seriea of 1965, of aaid City and the ~ of the 6tate o f Colorado, enacted Ordinaace .0. 28, Sari .. of 1969, c reating Sidewalk Iaprou •t Diatriet llo. 69, and providi ng for the conetrueUon therein of aidewalk 1.-prov-.ata r and MHaJtBA&, the Mayor eDd Director o f Finance advertiaed for bide t.o conetrucot euah iapzov.-nta in thr-(3) coneecutive weekly i•au•• of the ~ HERALD 1 and MBBR&A8, aaid bida were opened at 2a00 P.M., Friday, ~uvu-t 1, 1969r and 1fti8Jl&AS, on A\IIIUt 5 , 1969, t h e City Council o f the City of IIDcJleowood, Colorado, accepted the bid o f J & B Con c r e t e in the a.ount of •9,897.76 aa the l~at and bea t b id and authoriced the Mayor and City Clerk to execut ~ C"On tract docu- ...,ter and .... au, the aonetnac:tion o f e uch ilaprov ... nta ba a b"n c:GIIplfted aad the total coat• o f auch inprovementa ~ve been reliabl y aeoertainedr and .....a, a atat-nt ahowinq the tota l coat o f the i.BtpZ'OY••t• haa b.en duly filed with t.he City counc ilr a nd 11111atD8, fro~~ the atat-.tt made and filed with t h e City Couaoll, it appear• that the whole coat of .. i d t.prove- .. ata la ~he aua of •14,063.31, aald a.ount includift9 ooata o t inapectlola, oollecrtioa aftd other ineidentala and a l ao includift9 inter•t •• aUC*eCI by lawr and ....-'i. fro~~ aaid atat.-ent it alao a ppear• that t he City Couaoll baa apportioned a ahara of the •aid whol e coet to each lot or traat of land in aaid Diat.rict, in a c cordance with the benefit• to be derived by aaid property and in the p roportion• and -.oaata aev.rally ••t f orth in a Re aolution a dopted b y the City Oouocil on the 19th day of Jaauary. 1 9 70, Which Reao\ut ion ia b y reference -de a part hereof r and ~. IOtioe of a publico hear i ng con cern ing tho l evyinq of aaaea...ata on the real propert y in the Dia trict a n d upon thia ordinaaee hea b een publiahed o n ce a week for three (3) weeka in t he Bng lewood Herald, a n ewapaper o f g eneral cir- e ulatioa in the City, and , in addition, a coop y o f t he Notice h aa been -lled, poat&cJe pr epaid, t.o e ach known owner of real p ropert y within the Diatri ct , wh i coh Noti ce i a by re fe r n~c :ada a part hareo f r and • I • ... "":: ~.~;:::~ :-·-~.;;;:~ H!(i Ifill I lli ~~ : ~~:llllf I l((2l£~ iijt I!! lr_~ llr._ I aaJ 11 1~ l!s..,:1 J i 1~~~~~~~ !E 1~r :.5 I I ~ f a J & .. "5 . ~ i .;. I'"'.;. ! t::-~ ·-I ... ; ~ I. I 0' J " f ii'"r .. 2 t.:l·;:·! .. "•stfo -z i!a;: ~ = ... == ,. .., w • .. • ... . • .. .. • ... . : 1 II fa •1 : i · 1 I· 1· M~ J ~~. itf . llliJl( .. I l!f:!~:J, ~l!t= 1~= S!!e . - -~ ..... :: • •i: :e• .. s••a .. g··· I•JI;&"sl-1 :• ! =- t• :~i !~I l ·ft.= ~f .. ~ ~~'J•~f, ~~~~--'If ~ ll •l· ..,1 • •r~• (t pflf~ '< J ( ~; &.= a~~ I I •tc ... ~ c Bl~~~ i~~ I • ·~· I ~-~ 1J. ... l ~rla " ~ ~~ 2~~ C 1 ~ ... ~ ~ ... G ~ -0 ~~ ~ ~~ Z ~ ... ~· ... ~·· ~ • ... "D "QOa ~ 00 l lr ~~e ~ ~~ ll = J I .. !1~~ !••... lel• • · .,. ~ .,. • • • • I a.ot• ' C •sw • c ' G ... ~ ~ • .. ,. ;.t ~-~ ~ ll.:: ~~~ I ~~~~~ ~ ca:: .s E ... · • o~ I; I ... .. It a•• · I :1 • l .. .. ~~ tJ~:r • ... ·~~.. .. • ~:r ~ ~ il =~( ::~ ~ •''l" &•! s g•l:£·1: lila sl~ I .... ... .. ~ I f'tO. c ll I ~ 0 ~! :1 ~ o ... ~ •" ~• o " I ... ... ; s~~ a;• ... ~~ ~... ~-. -~ N" , ... ~~ 'w~ ~~~w ~~.. ~~~2!~~:•; [~~~ t(t • IIIJ~ f • Q~'C~ ,. '<I" •• I"! ... I 111 "" a o ... ~ .,. • ,. G ! .... 0 0 0 I .. 0 ~ ~ ~~ • ... l ~ ' .. • • • -J- '1"'9 f· 'fha~ .. id ..... -.ta eball be due and payable ate of oe of tbe City !'r .. aurer, without cte.aDd, wl~hin thirty daya froa aDd after ~ final publiaatioD of thia Ordiaanoe. In oue aay GW~Mr of &-eal property ua .. aed UDder thJ.a oc.liMDee eball fail to pay ~ -"ole of aueh •••• ... nt ... lut laia property within eaicl ~rty daya, then, the pzoo rata ooat of Aid iltpro•••nta .a ...... ed aqainat hie property, tovether wl th la~,._t at tbe rate of I per oent per aaau. OD any wapaicl baluoe, eaU be palable in five equal uanaal inatall- ..nta, the flrat of Whiab ina~• ~· of principal and iater•t ahall be 4ae and pay8le Oil or befon Janu.&-y 1, 1971, and the 1'-lnder of aai• J.utallJMilta ahall be due and payable auco .. .t•ely OD Ol' befol'e the let day of .Jaaua&-y, in -.ch year thereafter, until aaid pdnaipal aa4 b~ei"Mt an paid in full. 11ailure to pay uay 1aatal~t. *-tber of prlnoipel or intereat, 111hen d~ae ahall o .... tbe -e.le of the .....Ud prlaalpel to beoa.e due an4 payable 1-atiately, aad ~ ~la -...t of the un .. J.d priDoJ.pal aad aoor.ed inter .. t ahall thereafter draw intereat at the rate O k ODe per c•t,.. (1 ~.) per -th. or frac:tloD of a aaonth, until tM ... ef u. .. le, u by liiW pro¥ided, but at aay t~ ,..iol' to ~ .... ef t1ae Ale, aray a.er -y pay the -.ount of all •pal• U.u.U.••ta with lllt••t at one per a-.~,.. (1 pet.) per -th, er fl'aati.Oil of a .-onth, •pon all deU..-•t iutall- ._ta, ... all .-.lU• IICIGI: ... , uad ahall thereupoD be renored to tM l'itht t:ll .... ftu to pasr in inatalt..ta in the .... &Milner u U .,ef-lt had not b..a auffered. '!'he CNner of aay ptopecty DOt in defaut u to ..., luta.u ... t or pa~t Pl&Y, at any tlae, pay the tlbole of tJae ~~DPAid principal with accrued iDter•t to the date of the DeJrt u.--.nt lnatall.--~ pa,...t date. ,.~ .. y be .... to the City Tr .. auxer at aDy ti .. ~ithin tlliny .. 1'8 an• &be Uaal plllalicatlOD of thia Ordinanoe. ~lately aftu the ... lntlon of aDCh thll'ty day period, Aid .... a-.ata .a.au be aert111ed to the COunty 'l'l' .. aurer of uapnhoe C...ty, aolecado, for oell•ti .. , u proYl._. by law. ~. ftat lf aay one or ...,e aectlona o.r part s of tllia ~ll 'be ..,..,.. UDenfN'Mable o.r iDYalld, 8UGh 1-dlfttftt ~11 nDt affeat, ~ir or l.,.lidate tbe r~ninq p.roft.alona of t:hu Odiaaaoe, it being tbe iatentlOD th•t the ..n ... •I'OV1•loa8 he.-.of are a.verable. '"'JII f· !bia Ol'difteftOe, afW lta final paa ... e, alaall M noo a tt. elty Odiaaaoe -..ell kept fo.r tbet. ~ • ...Ul be at!aentioated by the alpat;ur• of U.. Mayor and eity Cladl, ... llaall be publiahed in Lhe ....--IIUAI.D, a ....,.,..... of .,_..al olroulatlon publillhed in •id ei ty, wi\bia ..... dar-after ita tiDal pa••&c~•· ucJ aball lH &nd .r-u 11'....-lai)le -~u the ..... ~u bu•y _.. ahall h.- paid i.D full. bu.._.., reacl in full and paaaed oe firat reading OD tlae ----day ef _ , 1970 • ... 11 ... U a aill for aft OrdinaDCe Oft the ---- .. y of ---------• 1170. MAYOR ATTEST: EX OFFICIO-CITY CLERK I ' and for of • -4- I, St e phen A. Lyon, do hereby certify that t h e above foregoing ia a true, accurate and complete copy of a Bill an Ordinance paased on first reading on the ~~~-------­ , 1970 and p ub lished as a Bi ll fo r an day Ordinance on the .~--------~~----day of ----------------· 1970. ATTEST: !X OFFICIO CITY CLERK 0 ' • • INTRODUCED AS A BILL DY COUMCI~N A BILL FOR o\1'1 ORDINANC E RE PtALIM ./\liD RK-KNAC'l'U?t; SEC.!ON 18 .9 Ol!' THS MUMI C l PAL CODE OP THE CITY Ot EM GLtl\fOOD : CRJi:A'l'lJJG A OU.I\LIFIID MUNI C IPAL COURT OF RECORD BY PkOVID ING POR TW.: KKBPI.<i Or A VR RBAT IM RJICOJU) O P' PROC I: aD DIGS • BE IT ORDAIMWD BY THE CITY COUNCIL 0 ? THA C I T Y OP u-I.Ewooo, COLORADO. t h at section 1 8.9 b e ar d l.b her eby re- peal d t1.11 c:l r r,-e n,.cted to r•ad lis Eollowc 1 Section 1 8 . 9 Munic;1 pal cour t. -A c o u x t o f R!£9rCl The HIJ.nicipal COIU't shal k eep v r b.ttill reco.rd o i t he proceedin<Ja and ovidenc-. a t tr i a l s b y i t h er lec:t r i c d ~vic e a or steno ~rnphic m.&nti . Introouced, read in f ul l and pas s ed o ·• u s t rea.d · n ., n t he day of , 1970. PU b llB h <4<! iUI a R ill f or c1n Oc d -nllnc~ o r t !'" ____ d&y o r , 1970. ATT E'>T : co 1• Ci1"y 0 I F l:t-.; City FT;rk-T r easure r I, Stephen . Ly on, do ~ f o r e q o 1nn 1~ ~ •rue , accur a t e :m Or d 1.:1 a'lc tn tr od .J c ed , re dd read ing 01 the ftay of ----·-------------------Muyor r "!b) c •r t 1 . tha t t h e ab•)Ve ctr~ com p let~ c o p y o f a Bl ll 1 n f· l l ,u,d ;.>as s ed o n '1 r sr 1 970 . Cltv c l e r k -Tr e a su r er a nd f or I • • f • • x.i~ID AI A ~ 1W OOUIC-1-'MI--·~~-------------------.-.-------- A BILL FOR All O.J"'ICII -·I IIJ8 -.. -.u. UC.-18. f -,.. -.zc:lMI. c-. GP .... Cl'ft -• II 1 a..a. A Qalolft--.zcuu, C0U. GP -.:IIU U ......... ,_ ,_ lW GP A ... Ill 18C:IM GP JAI = IIMI. u a w ,... C1"ft c:a u. ar .,.. a1ft or •an JIMJD, ,.._ADO, '*" •••u• IIJ. t be _. ia benlllr ...,. pealed uad r .. .....-te ~ • toll£ t • 2 • '1M *nfeApal a..n 81aall ,_. a ~ rultt ~ tlae Plrlaud!Dp ... .,u •• • trtala by eltllft el Ulc:: de•ieee oc ., ...... ,tie ...... I .......... r ... i.a ftlll ... .., .... oa lin~ r ... t.A9 CM ~ ~Y of , 1170 • ..w.liaW u a Bill f-.. a..•an11 oa tiM _.__ __ 4_, Of ---------~· lt'71. I.. t... '1 ,.,.,.. Mayor AT'rBST1 city Clerk-Tr ... urer I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and ca.plete copy of a Bill for an Ordinance introduced, read in full and paaaed on firat reading on the day of , 1970. city Clerk-Treaaurer . , I . • • • • I a • a .... • --~~~~~------------­ A B'J:LL POa -I I I ILl -I I -.,. II-II·-18.1 --WIIPl-W .. .-w W. II s ~ -a .-.ua- 11 • -• I• • Jasn•• .. --• a ta -I I M. • • • .. an 11 1111. •-an • =•••::I•I•:• ma ••-.. •••AM aa.t ...... '-.._..,-. _...__ n m .. _. • .... • ..... • • 2 ............... .-&1 ..................... ., -•::•sst• I _......._at Via1a "r elU.. ~ ....... • •rii)I!JJRM -· 11a1 I 1 rt. .... Ia IIIU ... 1111FI • 1'-ft .._,,, .. • .. __ _..... .. 1..,.. (~; .. 1. ltepben A. ~. do hereby certify that the abo9e an4 tcw-.olat b a ~. aoevate and ~late copy of a Bill for .. ~iaaaoe ia~aeed, reed in full and paaaed on firat r ... iDCJ on tile day of , 1970. clEy Clerk-~reaaurer • I ! I , '! • • BY AIJl'HO I'l'Y OIWINAIICE liO . _________ SERIES OP 19 7 0 A1f ORDDIAIICB ADOPIIIJG JW'D APl'ROVI.G A PLNI 01' ACQUISITIQII BY EGOI' L\'llCMI AJID PUJlCHU:i OF 'IHK BMGI.aliiOOI>-LiftLBC..lOID' LOGAir BUS LlDI DIISCIUBl.G 'ID PaonBY 1'0 8& ACQUlUIDt '!-I'ULL uacHASB PRI<:a TO BB PAID 'l~J '!HZ IG'l'HOI) OP PADma'f THEUO.r AUI'JIQIUB111G Aa DlUC'I'UG UPWCA'!IGII I'OJl RDIIUL 1\SSIS'lAIICB r AliiD AU'l'HORialtiG lll':riUl-GOVBIIIIMElftAL A~l. WB&R.IIAS, the .Bn~lewood-Lit~l•wn-Por~ LOqan BIM Line being wholly-owned and operated by Brneat Herbertaon of Enqlowood, c olorado baa -.intained a Scheduled aua 'transporta- tion Service f or the Citiea of Inglewood, Littl•toa• 8beridan, and the rort LO gan area s ince June, 1967 o perating under a Certificate of Public c onvenience and Neceaaity issued by t he ;,>ubli Utiliti cOlliiU.aaion ~tf ~ au~• o f color~ being ort ific atc llo. 50 , a copy of which certific t ia availabl e !o r public i napection in the office of ~· Ci~y Clerk, ex- o fficio, Director o f Finance, of the City of &n g lewoodJ and ~. the city couocil of the City of JD g lewood after considerAble period o f in¥ea~i~ation, aonaul-.~ion with arnest Herbe~n, IMijoiaing aWlicipali~i• and loeal govu~ta. aa we ll aa aoaferenaea held wi~ the awenta of the Public utili,iea CI iaaien, fiAd tha~ the oo•• of operaU.O. ef aaid ac 1adl&led bu liD• ie aliCh ~~ it appears likely that the owner and operator of said bus line aay be required to abandon his opera•ion. which abancloaaaD~. if effec~ed. woal.d c:auae the reaiden~ of the Ci~y of ._91~. aa well aa ~e r .. identa o f adjeiaiag oo.nni~i .. , te be lett without aay .Ulic achedl&led trana)ICN'~~ien sy•~ ... uule w ~-: and -•·u, iD the even~ of uaaafenaen~ and di...,.~iauaace of opuaU.on ef the Bn9b laii-J.i~U---ract McJ• ... J.ine, conaicluule iaooa._i.-c:e Mel hU41ahip would iaevi~ly reaul~ to lar9e auabezoa of r•i4-~ a f t:h• Ci~y of &n g l.wood, •• well •• the Citiea of Lit~leton and Sheridan, aa well aa to those indi viduau whe ~ be ~an•~n.t tre ,_~ JRcJaa Boa pi tala '!DUPOa, ue Citr ~u o tM Ci~y of ~1.-oo~~, colorado U.Dda ud cle.._.iaea ella~ ~ .aqlliaiU.O. of • exiatia9, Mheduled Uaaeporta~ion ayat-wol&lcJ be in the public intereat • .,., '!aurou, be u or .. ia .. ~ ua. ci•r ooua.u, ci~y of Bnglewed. colerado aa tel~• :z;tion~ Yhat the ci~y council o f the Ci~y o t &n g l e~, color bW .... ,.... ud ~ ... the f ellewiq p~ ef ao- quiai tioa ef th• &n9lelftle~Li~Uet.oa-~~~tn ~ au J.Uae by l\8(JO tiatioD aad purahaae, subjec,, heweYU, u Ule ~Yal o f the •jori ty e f the Qualified 'f ... PayiD ~s of Che City o f Inglewood, COlorado at a Special Municipal alection to be hel d for that purpoae, urauant to the provisions o f chapt er 119, Article 42, COlorado a eviaed Stat u t es 1 63 , and t he Colorado MUnicipal Blection Law, Chapter 49, Ar~icle 22, I • .. , • colorado Revised Statutes 1963 as aaended. Section 2 -rRQPI~ TO !!;a~YIRJp. The property to be acquired bY the c ty o Engel s as followa& a. All right, title and interest in and to Permit Mo. 50 issued by the Public Utilities commission o f the state of colorado, June 29, 1967 insofar as the same authorizes both the transportation of passengers on schedule within the boundaries of the cities of Englewood, Littleton, Sheridan , the City and county o f Denver, and the unincorporated areas of Arapahoe county, as well as the operation of charter bus service, as the same is authoriz ed in s id Permit, subject to the approval of the Public utilities commi ss ion of t he State of colorado . b . The unrestricted possession and use of t he existing buses of t he Englewood-Littleton-Port LOgan Bus Line as fo llows z On e (1) General Motors corporati on coach ao . 3 101 On e (1) General MOtors corporati on Coach •o. 2708 One (l) General Motors corporati on coach ao. 2900 Possession and use of said General Motors corporation coaches to continue for such period of time as may b e reasonably required to allow the City of Englewood to apply for and receive a federal grant in aid to replace said buses, with either new or uaed buses, ~ich in the City council's judgaent would be suitable replaceaent units for those now existing . c. The initial acquisition of not 110re than three (3 ) new or used buses suitable for public transportation. The method of acquisition of said buses and the necessary equip-- ment therefore, shall be purchased pursuant to the procedures set out in Article 10, Part IV entitled •Purchases and sales• and dealing g enerally with the acquisition o f per- sonal property through eoapetitiYe bidding contained in Section 111 through and including 118 of the Home Ru l e charter o f t he city o f Inglewood, colorado . d . The fu ll purchase price of It-(a) being the Public utilities co..iaaion Perait ~. 50, to9ether with Item (b) dealing with the unrestricted right to possession and us e of uiating buses of the Bnglewood-Littleton-POrt L09an Bus Line, shall not eJC~Ceed the total aura of FIVB TBOU8AIID DOLLUS ($5 ,000 .00). e. The fu ll purchase price to be paid by the city of En g lewood for three (3 ) suitable buses, or a lesser nu.ber as contained in It-(c) above, shall not exceed the total sura of SIXTY-SIX 'l'BO~ DOLLUS ($66,000.00). &rtion 3. Ml'l'M 5c;•~· The total obligation of the City o Englewood, co~r ~cquisition of the scheduled transportation syat eta shall not exceed the total aura of SBVIII'l'Y- ONE THOOSAJID DOLLUS ($71,000.00) and the method of payaent -2-I • ·' I ( ' ' '! • • • • therefore shall be as follows: a. That of the FIVE THOUBAliD DOLIABB ($5,000 .00) or less to be payable for Itema (a) and (b), Section 2 above, shall be made from appropriations from the general revenues of the City and then only from the unappropriated surplus presently a vailable. b . That of the SIXTY-SIX '!'HOUSAJID DOLLARS ($66,000.00) or less payable for Item (c), Section 2 above, being the acquisition of not more than three (3) buses, shall be made from appropriations from the g eneral revenues of the city, and then only from unappropriated surplus , presently available. Section 4 . FBDBRAL ASSISTANCE. That in the event of approval of the above plan of acquisition the Qualified Tax- Paying Electors of the city of Englewood , colorado at a Special Municipal Electi on to be called for that purpose , the city of Englewood, or the City of Englewood jointly with other LOcal GOvernment units affected, shall forthwith cause an application to be fi l ed with the United States Department of Transportation to obtain a grant in an aaount equal to PORI'Y-FOUR TBOtJBAliD DOLLARS .f$44,000.00) to auist in the purchase of not more t han three (3) suit able buses to be put into operation. ~ion 5. ~BR-~J.L C~ltAC'l'S. The City of Bngl • colora aaygovernmenta contract enter into a contract agreement or contract agreements with the city of Little ton, colorado and with other local governments , in- cluding any Transportation Authorities, whereby the coat of acquisition of replacaaent buses over and above th amount to be defrayed by federal grant or assistance and o perating coats of the Bus syst.-shall be borne and shared by s uch Local Governaents upon an equitable basis. Additionally, the city of Englewood, colorado may enter into contractual agreements with any LOcal Governaent units, Transportation Authorities or District, for the integration of or joint operation of a scheduled JMaa transportation system within the Denver Metropolitan Area in order to achieve a more effective and convenient scheduled bus transportation syatea for the residents of the City of Englewood, colorado and sur- rounding areas. Any such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the contracting parties and shall be approved by its l egislative body or other authority having the power to enter into or approve such contraau. Introduced, read in full and passed on first reading on the day of , 1970 Published as Bill for an Ordinance on the _____ day of ---------· 1970. Read by title and passed on final reading on the -------- day of • 1970 • Published by title •• Ordinance wo. • series of 197 0, on the day of ----------------• l970. Mayor continued • \ ! '!' I • ' • • ATTEST a city clerk-Treasurer I, Stephen A. ~on, do hereby certify tbat the above and foreqoing is a true, accurate and complete copy of an Ordinance passed on f inal reading and Fbliehed by title as Ordinance 110. -------------------' series of 1970. Attest: city clerk-Treasurer _..,_ • • • • • TC: 0. Mayo r, Councilmen, Cit/ Manage r, C ~tj ~"Attorney FROM: John A. Criswell I "")' \o ~ SUBJECT: STATUS REPORT v DATE: . t ., c< q March 2 , 19 70 I thought it might be wise to indicate to the City the status of some of the matters which I a m trying to wind up for the City. As of th i s date, therefore, the status of these matters are as follows: 1. Ph yl lis Mi ller Litigation -This matter was filed with the court and 1·1e o btain ed a trial date of April 8, 1970 at which time return the files to the present City Attorney who, I under- stand, will actually be trying the matter. 2. Ki ngsley Litigation -I have recently filed a moti on with t he court i n L1ttlet on requesting a foreclosure on Kingsley's property to r eimb urse the City for the expenditures made by it in cleaning up this property. This hearing has been set at 8:30 a.m. on April 3, 1970. As you also know , Ki ngsley filed suit against several City Officials in the Federal Court some months ago. We appeared in the Federal Court once, at which time the court entered an order, in effect, dis missin g his complaint but giving him ten (10) days t o file a new one .. This ten days passed many months ago and no ne1·1 complaint has been filed . We have therefore been ordered into t he court on Ma rc h 19, 1970, at which t i me, I am certain the court will dismiss, in its entirety, his Federal Court law suit. 3 . Suo re me Court Apyeal -As you know, it was decided that I s hou ld fi nish up severa Supreme Court matters which were pending at the ti me of the transition in City Attorneys. There has been no change i n status on any of those appeals as of this date, except as fall o~1s : A. Golden Fiddle Liquor License-Several years ago City Council issued a Hotel and Re staurant Liquor License to the Golden Fiddle Rest au rant. Some pe rsons in the neighborhood appealed council's decision to the Dis trict Court, and t he District Court approved the issuance of the l icense. These same persons then appealed to the s~p reme Court and we have recently received notice that the case was s e t dow n for oral argument. ~J hen this notice was received, the attorne y a ppea rin g for t he individuals involved dismissed the appeal l·lithou t oral argu ment. As a result, this ended the litigation and c o nei l's decision to issue the license is now final. • I I I , I ~ • ---------.------------------------------------------------------------c------ Mem orandu m -STAT US REPORT Ma rch 2, 1 9 70 Page 2 0 • b. At c hi son Ra nch-After t h e Supreme Court rendered its decision (five to o ne ) in the Atc h ison Case the Atchisons filed a motion f or re h earing. The Supreme Court split (three to three) on whether a rehearing should be granted (whew!). Since there was a tie vote t h e rehearing was not granted and the Supreme Court's decision became final. There has been, to my knowledge, no progress on the federal court condemnation matter. R~sp ctfully submitted, -/1 . //., rJ (, :,ltt7/ L/ John A. Criswell JP.C;bc /1 I· • \ I I ! . . , .. _ • • ~ / ('l ~g ~ oc , , 'J O * A BILL FOR.-·UIIi' .. ?···l£... [1 ? Cl r C"1\ • "1\ ** ORDINANCE NO. SERIES 19 70 -() 'J-AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT ( CJ o~ IN THE CIT Y OF ENGLEWOOD, COLORAD O , TO BE KNOWN ~~AS PAVI NG DISTRICT NO . 19, ORDERING THE CONSTRUCT - ~ ION TH ERE I N OF S TREET AND ALLEY IMPROVEMENTS: { 'i_ PROVIDI NG FOR THE ISSUANCE OF BONDS OF THE DIS- -1 TRICT IN PAYNENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOT ICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY. WHEREAS, the City Council of En g lewood, Colorado, pursuan t to the Charte r , Cha pter 14 of the Municipal Code of the City, and the Laws of th e S tate of Colorado, hereby finds and determines that there exists a n ecessity f o r the creation of Paving District No . 19, in s aid City , a n d t h e construction therein of certain street and a lley i mprovemen ts as d e scribed herein; and WHEREA S, t he City Council has heretofore directed the City Eng in eer to p r e p a re plans, specifications, maps and sche d u l e s in accordance with sa id laws; and WH EREAS , the City Eng ineer has filed with the Dir ector of Fina n ce , all the maps and c ert i fi ca t e s of his survey, as we ll as s c h e d ules , p lans , spe cification s , approximations of cost, and all other mat te r s and thin g s in complete form and substance as required by law; a.Rd a.a ,.~ .J.J Ca dt·· u..d WH ERE AS , the r e p o r t so made and filej~ together with detail s , s p ec if i ca ions, es t i mates, maps and schedules,~are hereby approv d and ad o pted b y t he City Council; and (. h ,, "'( .L.} _·u / e.z. "··~ C ( ~ *I nse r t Firs t Pu b l icat i on on '}; I. 7~ **I ns rt on Sec o nd P ublica i on 7 1 7 - ' I I '! --------' • • WHEREAS, Notice of a publ ic hea ring concerning the creation of the District and the construc tion of th e improvements therein has been published once a week for thr ee consecutive weeks in The Englewood Herald , a newsp aper of gen e ral circulation in the City, and in addition, a copy of the Noti ce has been mailed, post- age prepaid, to each known owner of real property within the pro- posed District ; and WHEREAS , at the time and place specifie d in said Notice, the City Council met in open session for the pur pose of hearing any obj ections or protests that might be made a g ainst said improve- ments; and WHEREAS, the C ity Council considered the following com- plaints and objections: Petition from property owner& in the 3~00 block ot South Broadway and Lin~ln Street• in oppo8ition to the propo•ed District. Letter from Mr. Gurney A. Ulrich, 3861 South Lincoln, in oppo8ition to the propo•ed District. Letter from Mr. and Mrs. Charles E. Campbell, 3~&5 SO ttth Lincoln, in oppa•ition to the propo•ed District. Letter from Mr. and Mrs. Delbert L. campbell, 3897 south Lincoln, in op~ition to the proposed District. Letter from Richard L. Banta, Jr., AttornP.y, r-.preaP-n ting Mr. L. IIOrval Pl'larce, 3601 and 31305 Sou th Lincoln Street, in oppo•ition to the proposed Di•trict. Letter tr~ Mrs. c. Pult•, 3866 South Broadway, in opposi- tion to the proposed District. South Grant ltreet Mr. Marlin Frakes, 3768 South Grant, in opposition to the proposed Dl•trict. Mrs. w. I. Blliott, 3881 South Grant, in opposition to the propo•ed Di•trict. Mr•. c. c. Irwin, 3868 South Grant, in opposition to the propo•ed Di•trict. Ktl4 -18 - I 0 .• ' • lira. Pauline *crArthur, l8l9 aouth Grant, in oppoeiU.on to the p~ed Di•trict. Jlr. G. F. Witte, '377S 8outh Grant, in oppoaition to the propoeed Dl•trict. Mr. c. L. Bendarahott, 1759 South or ~nt. in oppoaition to the propo•ed Dl•triot. 1111'. L. R. a .. la, 412S South Grant, in oppoaition to the propoeed Diatriet. iOyth 11\Hgn ltrnt Mr. J. D. MoOonnell, 4245 SOUth Huron, in oppoe1tion to the propoeed Diatrict. Mr. Earl Grain, 4220 8outh Huron, in oppoa1Uon to the propoeed Di•triot. 11r. P. J. &~r, 737 ... t Quincy, in oppoai tion to U\1 propoeed Di•triot. llr. Geo~a llcLa\IC)hUn, 4lll Iouth Huron, in oppoaition to the p~eed D~atrlat. 11r. Auvuet r. JIOt tl1off, 4l54 South Rui'On, in oppoei tlon to the propoeed Dlatrlot. Jlr. Jticba&"CI .. nta, attorney, repr•enting Mr. and Mra. llorv.l ~ce. l801 and l805 Iouth ~ncoln ltr .. t, in oppoaition to the propoeed Diatdct. (Letter !~ Mr. Santa vaa received.) Jlr. W.ltu lzwin, attorney, repr ... ntinc} Mre. *ude Caper~. JIOO and l&:o South Lincoln, in oppoaition to the propoeed Dlatrlct. ll8t 1\Mfo(d Aft9M! ~·· Cbarll• a.rnbardt, 4501 Iouth C lark-an, in oppoei- tlon to the propaeed Dl•trlot. Mra. Bernhardt pr .. ented a petition of propel'ty owner• ~ .. re o~ to the Di•tdet. 'l't\e petition waa reaelwed and read. On All.,, aaat of 8outh AaGM and hft PI IIN$b l,.,.y Mr. GunMy A. Vll'leh, l8ol 8outh LiroC'Oln, in oppoaition to the pcopoaed Dlatl'ict. Ml'. Ulrich alao repr ...nted ...,r•l pi'Opel'ty CNDeH in tbla particular arM. Ml'a. WS.nua ltrattfc.rd, 4!18~ &outh Ocant, in oppoaition to the propoeed Dl8tl'lct. 1 I / I in respon se to the protests in the 420 0 block of S o uth Hu ron the City Council caused the original plan s to be amended; in r e sponse to the protest presented by Mr. Richard Ban t a, a torney, representing Mr. and Mrs . Norval Pearc e , the plans in the 000 b lock of Eas t Lehigh we r e a me nded; and in respons e to the pro tests of the paving of t he al ley e ast of South Broadway f rom the south side o f East Lehigh Ave . to the north side of Ea st Man sfield Av e . the City Council c aused the a lley to be delet ed f rom the propo sed district ; and -lBo\- • f • • WHEREAS , all obje'ctions and complaints having been duly heard and considered, the Council has determined that such objec- tions should be denied except as indicated above; BE IT ORDAINED BY THE ·CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Paving District No. 19 is hereby created and the improvements hereinafter d escribed , consisting of street and alley improvements, are duly ordered after Notice duly given and Hearing duly held, all as required by law. Section 2. The extent of the District to be assessed for the cost of the improvements shall be all the real property 'specially benefited and which fronts or abuts on each of the streets and avenues to be improved, including the real property within one half (~) block of such streets and alleys, and as more particularly set forth in the Notice of Hearing, as provided by a Resolutio n of the City Council passed and adopted on the 2nd day of Febru ary, 1970. The kind of improvements and the streets and alle ys on which such improvements shall be constructed or installed shall be as follows: -19 - ' . · • 1. Necessary grading and excavation, paving with 6" compacted grav e l base course and 2" asphaltic concrete surface, concrete walks, curb and gutter wher e n ot already installed; together withap purtenances and incidentals on the following streets and avenues: ON South Decatur St. South Elati St. South Elati St. South Grant St. South Grant St. South Grant St. South Huron St. East Kenyon Ave. South King St. South King St. East Lehigh Ave. East Lehigh Ave. East Lehigh Ave. Sou th Lincoln St. East Nassau Ave. FROM North side of West Tufts Ave. South side of West Cornell Ave. South side of Wes t Radc liff Ave. Sou th side of East Kenyon Ave. South sid e of East Mansfield Ave. South side of East Oxford Av e . North side of West Prince ton Ave. East side of South She r man S t . North side of West Tuft s Av e . South side of West Tufts Ave. East side of South Broadway East side of South Sherman St. East side of South Grant St. South side of East Layt on Av nue Eas side of South Broadway -20 - TO North said of West Union Ave. North side of West Dartmouth Ave. North side of West Stanford Ave. North side of East Mansfield Ave . North side of East Oxford Ave. North side of East Princeton Ave. North side of West Quinc y Ave. Wes t side of S outh Logan St. North end of cul-de-sac Sou h end of cul-de-sac West side of South Sherman St. W st ~ide of South Grant St. West side of South Logan St. Nor th side of Eas Chenango Ave. West side of Sou h Lincoln St . 0 ' • • • ON East Nassau Ave . East Nassau Ave. East Nassau Ave. East Nassau Ave. West Nassau Ave. West Nassau Ave. West Nassau Ave. West Nassau Ave. West Nassau Ave. South Pearl St. South Pennsylvania St. South Pennsylvania St. East Princeton Ave. East Stanford Ave. West Tufts Ave. West Tufts Ave. • 'FROM East side of South Lincoln St. East side of South Sherman St. East side of South Grant St. East side of South Pennsylvania St. West side of South Broadway West side of South Bannock St . West side of South Cherokee St . West side of South Delaware St. West side of South Elati St. South side of East Nassau Ave. North side of East Nass au Ave. South side of East Oxford Ave. East side of South Logan St. East side of South Logan St. West side of South Decatur St. 140 feet west of the West side of South Knox Court - 2 1 - • TO West side of South Sherman St. West side of South Grant St. West side of South Logan St. West side of South Clarkson St. East side of South Bannock St. East side of South Cherokee St. East side of South Delaware St. East side of South Elati St. East side of South Fox St. North side of East Oxford Ave. North side of East Oxford Ave. North side of East Princeton Ave. West side of South Clarkson St. West side of South Clarkson St. East 'side of South Federal Blvd. East side of South Lowell Blvd. I • 0 ·' I ! • • 2. Necessary preparation of present surface, overlaying of same with two-inch asphaltic concrete, and concrete walks, curbs and gutters, where not presently adequate; to gethe r with appurte- nances and other incidental work on the following streets and avenues: ON West Chenango Ave. FROM West side of South Galapago St. TO East side of South Huron St. 3. Necessary grading and excavation, compacted sub- grade, and with 6" Portland cement concrete surface, for a total overall width of fourteen feet; together with appurtenances and other incidental work on the following alleys: ON AtLEY East of South Acoma St . East of South Acoma St. East of South Acoma St. East of South Galapago Street East of South Jason St. East of South Kalamath Street East of South Lipan Street FROM .--~ South side of West Nassau Ave. South side of West Oxford Ave. South side of West Stanford Ave. South side of West Lehigh Ave. Sou th side of West Kenyon Ave. South side of West Lehigh Ave. South side of West Mansfield Ave. -22 - TO North side of West Oxford Ave. North side of West Princet on Ave. North side of West Tufts Ave. North side of West Mansfield Ave. North side of West Lehigh Ave. North side of West Mansfield Ave. North side of West Nassau Ave. • ·' I ' ' • • • -~. . . -.. . . . . '· '.. ·. • Section 3. Said District shall b e known as and the same is hereby designated "Paving District No. 19", in Englewood, Colorado. Section 4. The construction of said street and al·ley improvements in and for the Distric t, as shown by the plans, spe c- ifications and maps thereof, prepared by the City Engineer and ap- proved by the City Council of the City and now on file in the o f- fice of the Director of Public Works, be and the same is hereby authorized and ordered, the material to b e us ed in the construct- ion of said street and alley improvements to be in accordance with such maps, plans and specifications. Section 5. The estimated total cost of said improvements 'P . is $:.;:t j:;:•.:.· -rt: is proposed that the City of Engl e wood will • •' ~ · I I p ay approximately$\..'.: !U~ ,J -~-~-t o ward the total cost of said im- p rovements . The approximate share of the total cost to be assessed per front foot upon any lot or tract of land frontin g or abutting on said improv err. nts will not exceed the amount set forth in the Notice of Hearing, as provided by a Re solution adopt ed and passed by the City Council on the 2nd day of February, 1970. Section 6. Said assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the w~ole cost of said im- provements against the real estate in said District. In the event any owner of r al estate shall f ail to pay the whole of such assess- ment against his property within said thirty (30) days, then the whole cost of th• improvement so assessed against his property shall be payabl e in t ~n equal annual installments of principal. The firs of such installme nts of principal shall be due and payable at such time as may be determined in and by th Assessing Ordinance and the -23 - • I ~ --~~---- • • Sec tion 3. Said District shall b e known as and the same is h e reby d e s ignated "Paving District No . 19 ", in Englewood, Col orado . Sec tion 4. The construction of said street and alley improvemen ts in and for the District, as sh own b y the plans, spe c- ifications and maps thereof, prepared b y the City Engineer and ap- proved by the City Council of the City and now on file in the of- fice of the Direc tor of Public Works, be and the same is hereby author ized and ordered, the ma terial to b e used in the construct- ion of sa i d street and alley improvements to b e in accordance with such maps, plans and specifications. Sect i on 5. The estimated total cost of said improvements I ' I ' ' I ~ .~ :1 ·~:- is $·1-.·!A·.'--'''1 r-'1t is proposed that the City of Englewood will fi pay approxima te ly$\-':'.!!(. I 4; • ·' :..-· toward the total cost of said im- provements. Th e approximate share of the to t a l cost to be assessed per front foot upon any lot or tract of land fro n ing or abutting on said improvement s will not exceed the a mount s et forth in the Notice of Hearing, as prov ided by a Re s olution adopted and p as s ed by the City Counc il on the 2nd day of Febru ary, 1970 . Section 6. Said assessments will b e due and payable without demand within thirty (3 0) days from and after the final publication of the Ordinance ass essing the whole cost of said im - provernents against the rea l estate in said District. In the event any owner of r al estate shal l fa il t o pay the whole of su c h assess- ment against his property within said thirty (30) days , then the whol e c ost of th· improvement s o assessed against his property shall be payable in ten equal annual ins allmcnts of principal . Th e first of such installments of principal shall be due and payable at such time as may b d termined in and by th Assessing Ordinance and the -23 - • \ r ' " I 0 • remainder of said installments shall be due and payable successively on the same day in each year thereafter until all are paid in full. The rate of interest to be paid on unpaid and d efe rred installments will be establishe d by ordinanc~ to be adopted by the City Council at a later date. Section 7. By virtue of and pursuant to said laws and the Charter and Chapter 14 of the Munici~al Cod e of the City, local improvement bonds of the City shall be issued for the purpos e of paying for the local improvements described in t h is Ordinance, in an amount not to exceed the cost and expenses o f said improvements, including engineering, legal and all incidental xpenses, as pro- vided by law. Section 8. The issuance of and paymen for said b onds shall be authoriz ed by an Ordinance later to be p as sed in acc o rd- ance with the Laws of the State of Colorado, the Charter and said Chapter 14 of the Municipal Code of the City . The maxmium rate of interest on special assessmen t b onds for Pav· g District No. 19, shall not exceed / :') per cen t per annum, a .d such maxm ium in- terest rate shall be set forth in the notic of sale of said bonds. Sec tion 9. The Mayor and Directo1 of Finance are h e reby authorized to advertise for bids to cons ru e such i mprovements and for bids for said bonds to be issued, in t h re~ (3) consecutive weekly issues of The Eng lewood Herald, a new~p per of gene ral cir- culation published in the City of Englew od, which advertisements may run concurrently with the publication of this Ordinance. Section 10. The City Council hereby finds and determines that the improv eme nts propo sed to be c onst ruct e d and installed will confer a special b e nefit upon the property within the District and a general benefit upon the City as a whole. -24 - •' \ I I .. ' • • Section ll. All ordinanc es, or parts thereof in conflict herewith are here by repealed. This Ordinance, a ter its final pass- age, shall be recorded in a book k e pt for th at p u rpose , shall be authenticated by the signatures ·of the Mayor a nd Direct o r of Finance, ex-officio City Clerk, and shall be published in a newspaper having general circulation in the City. Section 12. A public Hearing on the Ordinance will be held at the City Hall in Englewood, Colorado , on Mo nday, the 16th day of March, 1970, at the hour of 8:00 o 'clock P.M. INTRODUCED AND PASSED ON FIRST READIN G This 2nd day of March, 1970. (SEAL) ATTEST: 01rector of F1nanc e, ex-offic io City Clerk Mayor (The following should be ins erted on final publicat ion.) FINALLY ADOPTED AND APPROVED Th is 16th day of March , 1970. ( S E A L ) ATTEST: D1rect or of F1na c , ex -o ff icio City Cl erk Mayor -25 - , --- • ~ • • • • • • • .. • ""' • • • •. • ' ' ' • •,. • -.. • • • •• ~ -. , • ., ,. • • • • • • • • • ,. J t ' • I • l • t • r • • • • • • • • • .. • ; • t • • I • I ' • • * A BILL FOR AN ORDINANCE ** ORDINANCE NO. SERIES 1970 AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO . 19, ORDERING THE CONSTRUCT- ION THEREIN OF STREET AND ALLEY IMPROVEMENTS: PROVIDING FOR THE ISSUANCE OF BONDS OF THE DIS- TRICT IN PAYMENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACT ORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY. WHEREAS, t he City Council of Englewood, Colorado, pursuant to the Charter, Cha pt er 14 of the Hunicipal Code of the City, and the Laws of the S t ate of Colorado, hereby finds and determines that there exists a n ec essity for the creation of Paving District No. 19, in said City, a n d the construction therein of certain street and alley improvements as described herein; and WHEREAS, the City Council has heretofore directed the City En g ineer t o prepare plans, specifications, maps and schedules in accordance wi th said laws; and WHEREAS, the City Engineer has filed with the Director of Finance , all the maps and certificates of his survey, as well as schedules, p l ans , spe cifications, approximations of cost, and all other matters and things in complete form and substance as required by la1v; and WHEREAS, th e report so made and filed, together with details, sp ecific a tions , estima te s, maps and schedules, are hereby approve d a nd ado p ted by the Ci ty Cou nc il; and *I nsert on First Pu blication **I ns rl on Second Publication -17 - • • \ I ' • • WHEREAS, Notice ~fa publ ic hearing concerning the creation of the District and the construction of the improveme nts therein has b een published once a week for thre e cons e cutive weeks in The Englewood Herald, a newsRaper of general circulation in the City, and in addition, a copy of the Notice has been mailed, post- age prepaid, to each known owner of real property within the pro- pos ed District; and WHEREAS, at the time and place specified in said Notice, the City Council met in open session for the purpose of hearing any objections or protests that might be made against said improve- ments; and WHEREAS, the City Council considered t he following com- plaints and objections: Petition from property owner& in thP. 3~00 block ot South Broadway and Lin~~ln Streets in opposition to the proposed District. Letter from Mr. Gurney A. Ulrich, 3961 South Lincoln , in op•osition to the proposed District. Letter fr0111 Mr. and Mrs. Charlel'l E. Campbell , 3~ -SO •lth Lincoln , in opoosition to the proposed District. Letter fror~ Mr. and Mrs. Delbert L. Campbel l , 3~97 South Lincoln, in ooposition to the proposed District . Let tar from Rir:h~trd L. Banta, Jr., Attorney, r~presP.•,ting Mr. L. Horvat Pnarce, 3601 and 3805 South Ltncoln Street, in opposition to the proposed District. Letter fr011 Mrs. c. Fults, 3S66 South Broadway, in opposi- tion to the proposed District. South Grant Street Mr. Marlin Frakes, 3768 South Grant, in opposition to the proposed District. Mrs. w. I. Blliott, 3881 Sonth Grant, in opposition to the proposed District. Mrs. c. c. Irwin, 3868 South Grant, in oppnsition to the proposed District. P4 -18 - • • , • • *•· huUne lla~rthur, Ml9 ~th Oran~. in oppoe1~1on ~o the peopoeed D1•~~1et. Mz. O. F. Wi~~e. 'J77S Iouth Gran~. in oppoaition ~ the p~poeed Diatriet. Mz. c. L. ~~. )759 &outh Grant. in oppoe1t1on ~ the paopoeed Dindot. *· L. R .... le, 4U5 Iouth Grant, in oppoa1t1on ~ the p~poaed Dlatriet. Mr. J. D. NoCDnnell, 4245 &outh Huron, in oppoai~ion to the p~poeed D1a~r1ot. Jk ... d Ckein, 4220 Iouth HUron, in oppoaitlon ~ the p~ Dlatriot. Jk. r. J. 8po~~er, 737 ._t Quincy, ln oppoaition to the propo.ed Dlatr1ot. *· Cleo1'9e llleLAUIIJhUn, 4211 Iouth Huron, 1n oppoaition to the propoeed Dletwiot. Jk. A~JV\Wt r. JOttholf, 4254 8outh 11\uon, in oppoeitlon ~ the pcasa•ed D1atx1ot. lk. aiahad --~•. at to~. repr ..... ti.ftCJ Mr. aod lira. llorwl ... Eae. J801 and l805 Iouth LiDeOln •~r-~. in oppoaition to tbe propoaai! D1atw1ot. (Let~er !n. Ilk ... nta v.e received.) Jk .... lt.ew levin, atton~ey, rapz-...atiDQ *•· Maude Capewtoa, JIOO and li'.O Mouth Llnaoln, in oppoe1t1on to the peopoaed Diat~1ct. Ike. Charlie ~wdt, 4501 8auth Clarkeon, in oppoai- Uon to the propoeect Dilttdct. Mn. a.mhardt pr•ented a petition of pco .. rty owner• ~ wen onu•d to the Diatdet. flh• petition ... ~...Sand read. an Aller .... t of 81Nth AoOIM and -~ •• !ret lmpQ t Jk. Clal'aey a. Ulrich, l861 llouth Lincoln, in oppoaitlon to the Jllftii!U•d Dlatdet. *· Vldch alao repreeented • .,.ral p&"Operty -.n in thla parUoular u ... Ike. Winni• 5trattford, 4085 &outh Grant, in oppoaition to Ute pzOj-..1 Dlatdot. -1&.\- • I . ' • WHEREAS , all objections and complaints having been duly heard and considered, the Council has d etermined that such objec- tions should be denied except as indicated above; BE IT ORDAINED BY THE CITY COUN CIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. Paving District No. 19 is hereby created and the improvements hereinafter describe d, consisting of street and alley improvements, are duly ordered after Noti ce duly give n and Hearing duly held, all as required by law. Section 2. The extent of the District to be assessed for the cost of the improveme nts shall be all the real property specially benef ited and which fronts or abuts on ea c h of the streets and avenues to be improved, including the real property within one half (~) block of such streets and alleys, and as more particularly set forth in the Notice of Hearing, as provided by a Resolutio n of the City Council passed and adopted on the 2nd day of February, 1970. The kind of improvements and the streets and alleys on which such improvemen t s shall be constructed or installed shall b e as follows: 0 -1 9 - • • \ I ' • • • • 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphalti c conc rete surface, concrete walks, curb and gutter where not alre ady installed; together withappurtenance s and incidentals on the following streets and avenues: ON South Decatur St. South Elati St. South Elati St. South Grant St. South Grant St. South Grant St. South Huron St. East Kenyon Ave. South King St. South King St. East Lehigh Ave. East Lehigh Av . East Lehigh Ave. South Lincoln St. East Nassau Av e . FROM North side of West Tufts Ave. South side of West Cornell Ave. South side of West Radcliff Ave. South side of East Kenyon Ave. South side of East Mansfield Ave. South side of East Oxford Ave. North side of West Princeton Ave. East side of South Sherman St. North side of West Tufts Ave. South side of West Tufts Ave. East side of South Broadway Eas t side of Sou th Sherman St. East side of South Grant St. South side of East Layton Av enue East side of South Broadway -20 - TO North said of West Union Ave. North side of West Dartmouth Ave. North side of West Stanford Av e . North side of East Mansfield Av e . North side of East Oxford Ave. North side of East Princeton Ave. North side of West Quincy Ave. West side of S outh Logan St. North end of cul-de-sac South end of cul-d e-sac West side of Sou th Sherman S West ~ide of S ou h Grant St. West sid e of South Lo gan S . Nor th side of Eas Chenango Ave. West side of Sou h L incoln St. ' • East Nassau Av e . East Nassau Ave. East Nassau Av e . East Nassau Ave. West Nassau Ave. West Nassau Ave. West Nassau Av e . West Nassau Ave. West Nassau Av e. South Pearl St. South Pennsylvania St. South Pennsylvania St. East Princeton Ave. East Stanford Ave. West Tufts Ave. West Tufts Av e . • 'FROM East side of South Lincoln St. East side of South Sherman St. East sid e of South Grant St. East side of South Pennsylvania St. West side of South Broadway West side of South Bannock St. West side of South Cherokee St. West side of South Delaware St. West side of South Elati St. South side of East Nassau Ave. North side of East Nassau Ave. South side of East Oxford Ave. East side of South Logan St. East side of South Logan St. West side of South Decatur S t. 140 feet wes t of the West side of South Knox Court -2 1 - TO West side of South Sherman St. West side of Sou th Grant St. West side of South Lo gan St. West side of South Clarkson St. East side of Sou t h Bannock St. East side of South Cherokee S t . East sid e of Sou th Delaware St. East side of South Elati St. East side of South Fox St. North side of East Oxford Ave. North side of East Oxford Ave. North side of East Princeton Ave. West side of South Clarkson St. West side of Sou th Clarkson St. East 'side of South F e deral Blvd. East side of S outh Lowell Blvd. • ' • • • • 2. Necessary preparation of present surface, overlaying of same with two-inch asphaltic concrete, and concrete walks, curbs and gutters, where not presently adequate; together with appurte- nances and other incidental work on the following streets and avenues: ON West Chenango Ave. FROM West side of South Galapago St. TO East side of South Huron St. 3. Necessary grading and excavation, compacted sub- grade, and with 6" Portland cement concrete surface, for a total overall width of fourteen feet; together with appurtenances and other incidental work on the following alleys: ON ALLEY East of South Acoma St. East of South Acoma St. East of South Acoma St. East of South Broadway East of South Galapago Street East of South Jason St. East of South Kalamath Street East of South Lipan Street FROM South side of West Nassau Ave. South side of West Oxford Ave. South side of West Sta nford Ave. South side of East Lehigh Ave. South side of West Lehigh Ave. South side of West Kenyon Ave. South side of West Lehigh Ave. South side of West Mansfield Ave. - 2 2 - TO North side of West Oxford Ave. North side of West Princeton Ave. North side of West Tufts Ave. North side of East Mansfield Ave. North side of West Mansfield Ave. North side of West Lehigh Ave. North side of Wes t Mansfield Ave. North side of We st Nassau Ave . • I • , • • Section 3. Said Dis trict shall be kno wn as and the same is hereby designated "Paving District No. 19", in Englewood, Colorado . Section 4. The construction of sa id street and alley improv ements in and for the District, as sh o wn by the plans , spec- ifications and map s thereof, prepared by the City Engineer and ap- proved by the City Council of the City and now on file in the of- fice of the Director of Public Works, be and the same is hereby authoriz ed and ordered, the material to be used i n the construct- ion of said street and alley improvements to be in accordance with such maps, plans and specificat i ons. Section 5. The estimated total cost of said impr ovements is $ -------it is proposed that the Ci ty of Engl ewood will pay approximately $ toward the total cost of said im -------- provements. Th e approx imate sh a re of the total cost to b e assess ed per front foot upon any lot or tract of land frontin g or abutting on said i mpr ovements will not exceed the amount set f orth in the Noti ce of Hearing , as provided by a Resolution adop ted and passed by the Ci ty Council on the 2nd day of February, 1970. Se ction 6 . Said assessments will be due a nd payable withou t demand within thirty (30) days from and aft e r the final publication of the Ordinance assessing the w~ole cost of said im- provements against the real estat e in said District. In the event any owner of r eal estate shall fai l t o pay the whole of such assess- ment against his property within said thirty (30) days then the whole cost of the improv ement so assessed against his property shall be payabl e in ten equal annual installments of principal. The firs t of such installments of principal shall b e due and p a y ab le at such time as may be determined in and by the Assessing Ordinance and the -23 - .. - • ' • , . • remainder of said installments shall be du e and payable successively on the same day in each year thereafter unt il all are paid in full. The rate of interest to be paid on unpaid and deferred installments will be established by ordinanc~ to be adopt ed by the City Council at a later date. Sec tion 7. By virtue of and pursua nt to said laws and the Charter and Chapter 14 of the Munic iP.al Code of the City, local improvement bonds of the City shall be issued fo r the purpos e of paying for the local i mprovements d escribed in this Ordinance, in an amount not to exceed the cost and expenses o f said improvements, including engineering, legal and all incidental ~xpe ns es , as pro- vided by law. Section 8. The issuance of and pa), ent for said bonds shal l be authorized by an Ordinance lal r to be passed in accord- ance with the Laws of the State of Colorado , the Charter and said Chapter 14 of the Municipal Code of the Ci ty . The maxmium ra te of interest on special asse s sment b onds for Pavi ng District No. 19, shall not exceed per cent per annum, and such maxmium in- terest rate shall be set forth in the notic of sale of said b o nds. Se ction 9. The Mayor and Director of Finance are hereby authoriz ed to advertise for bids to const ruc t such improvements and for bids for said bonds to be issued. in three (3) consecutive weekly issues of Th Englewood Herald, a newspaper of general cir- culation publish ed in the City of Englew oo d, which adver tisements may run concurrently with the publication of this Ordinance. Section 10. The City Council hereby finds and d etermines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the Distrjct and a general benefit upon the City as a whole. -24 - \ ( ~ I , • • Section 11. All ordinances, or parts thereof in conflict herewith are hereby repealed. This Ordinance, after its final pass- age, shall be recorded in a book kept for that purpose, shall be authenticated by the signatures ·of the Mayor and Director of Finance, ex-officio City Clerk, and shall be published in a newspaper having general circulation in the City. Section 12. A public Hearing on the Ordinance will be held at the City Hall in Englewood, Colorado , on Monday, the 16th day of March, 1970, at the hour of 8:00 o'clock P.M. INTRODUCE D AND PASS ED ON FIRST READING This 2nd day of March, 1970. ( S E A L ) ATTEST: Director of Flnance, ex-officio City Clerk May or (The following should be inserted on final publication.) FINALLY ADOPTED AND APPROVED This 16th day of March , 1970. ( S E A L ) ATT EST: Dlrector of Flnance, ex-officio City Clerk Mayor -25 - • I 0 ' • • - FINANCE DEPARTMENT REALIZATION OF ESTIMATED REVENUES GENERAL FUND For Mon th of January , 1970 Anticipated Current To Revenue Mon th <;..(\ $ 188,62 6 Property Tax ;.>.,1- 0 Sales Tax 1,686,570 $250,104 " Franchise Taxes: ·c- Public Service Co. 92,000 Mountain States 51,000 Wa ter Utility 25,744 Sewer Utility 8 816 Total 177,560 Other Taxes: Spec. Ownership 20,500 Cigarette Tax 95,700 8,541 Liquor Occupational 11 100 3 300 Total 12 71300 11,841 Fees & Permits: Street cuts 2,200 18 Building Permits 20,000 707 Electrical Permits 5,400 373 Plumbing Permits 1,600 142 Spec . Reg. Fees 43,500 Dog Licenses Misc. Licenses 26 500 l3 901 Total 99,200 15,141 Municipal Court 48,000 3,873 Revenue from Other Ag encies : State Liquor Lie. 1,150 49 State H/W Users Tax 177,100 14,424 County Court Fees 2 400 388 Total 180,650 14,861 Service Charges : Library Fees 7,400 753 Engineering Fees 5,700 65 Mobil e Home 1,500 Police 3,500 305 Fire Dis tric s 21,000 83 Library Contract 34,064 Stat e H/W Main t. 2 600 217 Total 75,764 1, 423 Other Revenues: Interest 6,000 Misc el laneous 4 000 l 020 Total 10 000 1 020 Total Revenue ~2,593,670 ~298,263 &fe % of E s Collected 0 0 /<'(\. ·,<'(I. / ;.(\ .... -- 15 )"7 -:c.< / .• 1'. ·c ~ ('( <o 9 15 9 8 2 • • 10 12 0 \ I I '! .----------------------------------------------~~ ·. • FINANCE DEPARTMENT EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS GENERAL FUND City council & Boards: City Council Board of Adjustment Career Service Planning & Zoning Library City Attorney Total Management: City Manager Personnel Total Finance: Finance Office Municipal court Total Public Works: Engineering Streets Traffic Building Inspection Building Ma intenance Total Fire Department Police Department Parks & Recreation Planning Library General Government : Central Services General Operation Employee Benefits Total Total Expense • For Mon th of January , 1970 Annual Budget $ 22,232 1,965 1,140 1,993 600 38 761 66,691 521063 23 404 75,467 116,922 22 096 139,018 91,290 353,836 921943 71,174 109 826 719,069 492,440 620 ,08 3 259,550 561845 1 221 951 15 1 721 60,835 12 864 89 420 $2 1 6 41 1 5 31\ Curren t current Month En curnb . $ 3, 371 128 95 103 15 2 191 5,903 21726 1 754 4,480 7,131 1 649 8,780 4,513 17,994 5,831 4,278 7 234 39 ,850 39 ,840 48 ,037 12,780 6 ,453 7 ,181 1 ,183 3 ,603 4 786 $178 ,090 • Spent & % of Encurnb. Budget To Date 9 6 6 6 8 8 5 11 6 5 7 I • • ' r I ! Water Sales Other: Tap Fees Connection Charges Property Tax Rentals Interest Miscellaneous Total Total Revenue 0 • FINANCE DEPARTMENT REALIZATION OF ESTIMATED REVENUES WATER FUND For Month of January , 1970 Anticipated Current To Date Revenue Month $788,874 $83,799 950 91 3 0,000 2,355 31 6 12,0 9 5 230 2 5 ,000 7 200 9 7 5 561 2 6 85 ~8 6 4,43 5 ~86,484 % of Est. Collected 11 4 10 EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS Annual current Current Spent & %of Budget Month Encumb. Encumb. Budget To Date Production: Source & Sup. $ 26,109 $ 545 Power & Pump 97,575 2,001 Purification 73 827 5 049 Total 197,511 7,595 4 Trans. & Dist. 107,279 7,309 7 Adm i n i s tr a tion: Accoun t & Coll . 52 ,2 0 0 4,66 2 Ge n eral 95 970 6 358 Total 148,1 7 0 11' 0 2 0 7 De b t S ervice 3 7 4 ,123 Misce l l a neous 2 5 ,75 2 Capit a l Plant & Equipment 58 000 75 .13 Total Expense $9 1 0 ,835 $2 5 ,999 3 • t I • • f Disposal Service Other: connection Fees Conn . Fees Out- side Tap Fees Interest Sale Scrap Material Miscellaneous Total Total Revenue ------.------------------------------------------------------~------ 0 - FINANCE DEPARTMENT REALIZATION OF ESTIMATED REVENUES SEWER FUND For Month of January, 1970 Anticipated Revenue $2 50 ,000 3 ,10 0 20,000 30,000 750 53 850 $303 ,850 Current Mon th $20,814 2, 825 930 36 15 600 4 405 $25,220 To Date % of Est. Collected 8 8 8 EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS Annual Budget Treatment $ 82 ,555 Sanitary System 40,915 Administration: Ace. & Coll. 14,168 General 25 042 Total 39 ,21 0 Debt Service 75 ,758 Misc ell an eous 2 3, 816 capital Plant & Equipment 30 000 Total Expense ~292,254 • Current Current Month Encurnb. $ 4,451 3,145 1, 292 1 391 2 ,683 ~10,279 Spent & % of Encumb. Budget To Date 5 8 7 4 \ l ~ I • • • • Property Tax Sales Tax Interest Miscellaneous Sale Street Shops Total Revenue • - FINANCE DEPARTMENT REALIZAT ION OF ESTIMATED REVENUES PUBLIC IMPROVEMENT FUND For Month of January, 1970 Anticipated Current To Dat e Revenue Month $ 95 ,042 194,886 $28,89 6 5 ,000 2,500 57 000 $354,428 $28,896 % of Est. collected 15 8 EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS cumulative current Current Spent & % of AEErOEriation Month Encumb . Encumb. AEErOEriation To Date Paving Dist. #19 $ 90,000 Park Improvement 36,000 Central Shops 10 ,035 Aerial L a dder (134) Fire Sta tion #1 Relocation 277.738 $ 420 .15 Police Relocation 20,180 739 4 Storm Drainag e 103,565 School Signals 24,386 Broadway-u.s. 285 Signals 1 6 ,801 Santa Fe-Dar mouth Signals 6,000 Fire Station #4 5 000 Total Expense ~589 , 571 p ,l59 .20 .• ' I ' ~ I • • ' - City o f Englewood Scho ol Dist r ict No . 1 Ou t door Pool Indoo r Pool Sports & Games Cultura l Activi tie s Playgro unds • 0 - Department of Finance RECREA TIO N FUND For Mon t h of January, 1970 An ticipated Re v e n u e $ 41 12 7 0 17 ,300 14 ,150 13 ,350 1 5 ,1 0 0 12 ,400 8 0 0 c urr e nt ~ $ 438 1 ,231 42 5 TO Da t e % of Est . Collecte d 3 8 3 Sp eci a l Even ts & Prog rams 2 ,440 9 3 4 Interest Oth e r Inc om e Total Revenue o utdoor Pool Indoor Pool Sports & Games cultur al Activities Pl a ygrounds Speci a l r ents Ge n era l Op era tions Total Expense • 300 8 00 $117 1 910 $2 ,1 8 7 EXPENDI TURES Ann ual Current current Bu dg et ~ Encumb. $ 15 ,949 $ 108 21 ,411 582 42,011 1 ,74 0 18 ,906 498 6 ,342 55 5 ,4 15 134 12 109 330 $122 1143 $3 ,4 47 2 Sp ent & % of En cumb. Bu dg et To Da te 1 3 4 3 1 2 3 3 \ ! '! • '· OF ENGLEWOOD CI TY •••• ,.IC ~-·~~::'~·~:.:· • - D COST ESTIMATE Sea lcoa t Ov er lay Total $34,152 . 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