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HomeMy WebLinkAbout1970-07-20 (Regular) Meeting Agenda Packet- I • • l. • ' ·" • 0 - July 20, 1970 Regular City Council Meeting • 1- • • j • 8:00P.M. 1. • AGENDA FOR REGULAR COUNCIL SESSION July 20, 1970 Call to order, invocation by Msgr. Bernard Cullen of the Saint Louis Catholic Church, pledge of allegiance led by Boy Scout Troop No. 154, and roll call. Minutes. (a) Regular meeting of July 6, 1970. (Copies transmitted herewith.) (b) Special meeting of July 13, 1970. (Copies transmitted herewith.) )J 2. Pre-scheduled citizens and visitors. (a) Recognition of "special guests" of the Council. (b) Mrs. Charles Henning, 3074 Cornell Circle, will be present on behalf of the Englewood Citizens for Effective Storm Drainage and Flood Control to speak on the subject of the sales tax increase. (c) Representatives of Gordds Incorporated will be present to request approval of the reissuance of the original Mexican Cafe Incorporated liquor license at 4595 South Santa Fe Blvd. to Gordds Incorporated. 3. Public Hearing. (a) A Public Hearing to consider the creation of Sidewalk District 1170. 4. Communications. (a) A Memorandum from the Finance Director and the Director of utilities relative to bids for the improvements to Sewer Digester Number Two. (Copies transmitted herewith.) Also, a letter from Herbert S. McCall of McC?ll-Elltngson analyzing the bids for the project mentioned above. Mr. McCall will be present at the Council meeting. (Copies transmitted herewith. ) (b) Financial report for the month of June. (Copies transmitted herewith.) (c) Report on the American Librarians Association Conference in Detroit. (Copies transmitted herewith.) (d) Minutes of the Retirement Board meeting of July 7, 1970. (Copies transmitted herewith. ) 5. City Attorney. (a) A Blll on final reading adopting the Municipal Code by reference. (b) A Bill for an Ordinance ammending the Municipal Code as it relates to the distance-from-schools requirement for the location of 3. 2 beer establishments. (Copies transmitted herewith.) (c) A Bill for an Ordinance authorizing the,Water and Sewer Board to permit certain encroachments over the City Ditch. (Copies available at Council meeting. ) I • • ·. ·' I ! ' '\' J ) - Agenda for Regular Council Meeting July 20, 1970 Page2 • (d) A Bill for an Ordinance exempting certain merchandise from bidding procedures. (Copies available at Council meeting.) (e) Report on a law suit between the City and the Royal Indemnity Insurance Company. (Copies available at Council meeting.) (f) Attorney's choice. 6. City Manager (a) License Agreement for City Ditch crossing of the Southwest Metropolitan Water and Sanitation District. (b) Report on fees collected for citizen-initiated board actions. (Copies of a memorandum dated October 2, 1969, transmitted herewith.) (c) Manager's choice. 7. Recognition of non-scheduled citizens and visitors. 8. General discussion. (a) Consideration of appointments to City boards and commissions. (b) Mayor's choice. (c) Councilman's choice. SHD/cs I • ·. .• I ! I ·. , ...... ----------------~·~ ~----------- • 0 ' 1 -~: • • • ,_ • OFF'IC TA t:; C ITY C OUNC il_ DOCUMEJ\T" f. LJJJN TO t;.()l CEO A ... A :!H L Bl C U .• cn (}_A . JUL 20 '70 A tJA ,~ -c oo!\lciL r.;r:o:TJ:;o Fll. : lTY OF ENGLEWOOD COI.O BY .,l.J'l!i\.. UTY C IN. NC.:: W . ;;. ' SERIES OF ._.; 11v VISED MU ;:c:::Pft.L C ..., ... L C. n IN.:.D B'... '.!.'HE C!:1 ' COl NCIL OF 1 HE CIT'.' vF E. 'GLE -lOC D, Lh t: SEC'liON 1 . )efining the ?Owers and duties of the various derartments of the City and the admlnistration thereof; providing, for fire protection, ,olicP ~rot~ction, ~l ie li raries, and the pro- tection of hc~l h .,nd sanit"1tion, the rct;ul:Jtion flf .,nimals and fm:lc, hou.>ing, "igns ;md billl cArds, l-uildinE,s, electio•1s, dis- pn--a::. f garbage, tr'lsh and waste, sale and use of fireworl:s, ~a-•s and llnybrounds; the selection and regulation of personnel; th ... icensing •md regulation of .:lmusements and 'lmusement devices, b1il in~ contrActors, food d~alers, alcoholic b0vcrages, mer ~n­ t.i.lc esta' lishn~nts, he;>lth thernpy establishments, cable tele- vis.cn, and other trades, occ ·1pations and businesses: defining .1 d p-;: i.bitins certain of~'i'nse::;, the regulation and ccept:mc. of ,,lats .:1nd subdivisions; the construction and regulation of !JUblir. i.mpt·ovements, streets and sideHalks, the regulation of traffic, w.:>ter and se~•ers, and the use of land; the levying of ta~:es and t·h ·J fixing of 1)e n Jlties and other LJrovisions of a cn - eral nature .1ithin the City o.C Englewood, and its police juris - diet i n, sh.,l l be in accordance Hith the terms of '1he 1969 te - vised :un ci~al Code of the Cit) of Enble~ood~, three certified ·ol1ies o.L which are on file in the office of the City Clerk, to - gether :Lth 11 secondary codes duly described and incorporated th ·ein t. refe:-cn ce, and may he inspected during regular business bout's . 'he said 1969 :::.evised •unicip:ll Code of the City of Englc - noci is hereby <'dortcd .1nd incorpor'lted in this ordinance as fully as if set ott at len3th herein, and shall he treated ~nd considered s ~ •1 and ·"l~:i::;inll romprehensive orJinnnce vlhich shall super- u~Jc all other ge _ral and per anc t ordinances · assed by the Cit y Cou•tc.il, t>r ior to Jan•1ary 1, 1970, .1nd from and after the dQtc ,n which this ordinance shall t ke effect, the prov isions th...!rcnf shall l:c cnntr·)lling l1n all matters con ·ained therein, sav ·md cxre t · +-b extent that any ordinance enacted bet1:een Janu r l, 1 70, ,, :he e fie tive date of this ordinance is in co 1Hic t 1cr .li h . SEC:.I 'l.. The ~oll11in s_cond. ry codes r i1cor1or ted in the said • 'vised • '1icit>al C de of the City of En lc ood, by rc fcrence: (.) The Bui..ldin0 Code of th Cit and Count) of Dr.!nvcr, C orad , 'cina Chl~ rs 4 throu0 h 4 , 45 throu h S2, and 59, of • :dinatt e N.J . 1, S r ics of t 969, dnl • a d [);Jtcd by the City Council . , I . • 1-/' I ~-/ I ;j • iJ ~ //).. / ' . .c,... .... -- I . • . , , • ,_ OF'F'I CTA r; CITY COUNC il. DOCU M I21\r ~<r 111nN TO I"' t.f ) C~D A (}A . JUt 20 70 A tJA ,~ ---.COO NC IL t,iCE:TI ~J G FfL.J; ITY O F E NG LEW OOD, COl.O, SERIES OF L 10 BY U'lrl~ tiTY I UINANC..:Z .w . :;;. ' A.~ ~.) 'L"74.~;cE J'? tEvrsEn lU:~rcrPAL coY)c. r~ 1HE C:::'J' 0' "''G u'::W ' 1' I.\ .. u • .A.I :G '!H!:REIN 'HC:: ~niL Ht'G CCD::. OF "lF CI'I'· h.ID C L!'IY vi )._:.·,~ ., THE FIRE P!.lEV'.::t:'II"t-1 CO r. Aim IHE ' )..:L ':..,..Af!ciC C{,D..: r CvL 'T) "NIClPALI1IE"', 1H.E COLC.~Du STA'!. ... ':.. '··Fie CON'IT.CL dA:". ... L , A:'.; I!. C'.IHE l GENE \AL '":. H.iA.'CE S OF Til~ CIT 1.h' Et1GLE..IOC ; '' )'. IDI i" 11!E ..SPEAL F LL • 1UA.'CES JE r~:'AL A,n J.E~-;. n.·m lu •• U.X NC'f I .'CLUDED THEREll , S.t VE 't:~ .X CE '1 SUCH UU ,',\ CES >A. 'IIC:JlA?LY S PE C IFIED AS EX CE P1EO SLC!i E '-='.P. ~-, ROVI HNG , .!.NA L" IPS 'F" VICU '1 I CN C'F THE 'tJJISIO'., F SAI'J COD£ /\JJ SE'.'l'l.'G,. .~ll TH::: PENAL'IIES PIWVIJE1 \ .. :'. :: ' ... i l) Cf") ... ; > OVIDI.'G • i PUI ... IC HZ A ,ING o, 1HE ADu .. TION Ci SAID C l )E ! !) OVIJI.'G Illli Ef "'C:' :JE lA.IE OF SAID CODE LE I C..L{ • lNZD :3i THE CIT Crl 'NCI: OF :HE CI':.Y vF E,' ~-E ,•10CD , Lbat· SE CTI H l . Defining th~ powers and duties of the various clep<=trtments f the City and the ad:ni.nistration thereof , ;roviding f r fi-re protection, olice protct::tion, ,m blic li.r"""ies, <~nd the ,?l"O- tection o[ health au d santtatioo1; the re6 ul. l.on of animals and fowls, housing, signs and billboards, Luildings, elections, dis- po:::al of garbae:,c, trash and \-.'aste, sale and •1se of fire'•IO-::"k s, por~ and pl"y~rounds; the selection and regulation of pcrso n l, th~ l iccnsinr. <=tnd regul<=ttion of amusements and amusement devices, bu i lJine contractors, food dealers, Ale holic bcvc-;:-a 0 cs, ncrran- tLlc cstarlishmnnts, health thera?~ establishments, cable t el - vis ion, ~nd other tra des, o ccupations and businesses; defini g ;"~ d ;')ro i b itin0 certain offense::;, the :·egul tion and acceptance >f >lats .::!nd subdivisions; the construction and regulatiCl of pub] ic in?rovements, streets and sid c\·Wlks, the ret;ulation of traffic, mtcr and sewers, and the usc of land; the levyinG of taxes and the fixing of pc n 1lties and other provisions of a "n- er<=tl netu-· ~thin the City of En3lewood , and its ?Olice juris - dicti n, h'lll be in accordance uith he terMS of '1he 1969 .c - visccl t \micipal Code of the Cit: of Engle .. mod'', three certified COJies o-~ich are on file in the offic e of the City Clerk, to - gether \·:i.th 11 secondar • codes duly d escribed and incorporated thn·ein '}reference , and may be inspected during re.;ular business bou.:s . 't he said 1969 P.evised unicipal Code of the City of Englc - w~o~ is hcr e~v adopted and incorporated in this ordinance as ~ull ns .f act ou aL lc ~th herein, and shall bP treated and considered as n ·1 .1nd ori0inc1l comprehensive ordinance vlhich shall supeJ::- ce J c 1ll other ~C-l~ral and ;)ermnncnt ordin<~nccs ·1assed by the Ci ty Council, r io r to January 1, 1970, and from and after the d ate L,n \~hLc h this ordinance shall tnke effect, the provisions t creof sha~L te con troll in on all matters contained therein, sav• and ex~·?t L t h ~ exten t tbat any rdinance enacted ~~tPcen JauuarJ ., lq7o , a~d th_ cff ctive d te of this ordinance is i, con£ ict thcr••1itb . SEC'li -". 1!1e foll 1 dng G conda-.::y codes are incor.)or<lt~d in the said .. e ised un i' · 11nl Code of the City of En lc 1ood, by re fcrence · (a) Co~0rad , :dinance :h e Eu ildinJ Code of the City and Count\ of 1e~vrr, C'ine Ch1pt•rs 4 t hrou:;h 4'3, t,S through 52, 1nd 59, of 'v . 1, Series o f l9(o9, tiuly a do, tE:'d by the City Council . , I • • 0 ----'32xl J-/ • of the City :"nd Coun of ;)en"cr, Colorado, on the 17th de) of J1:"1u1.ry, 1969 . lhe s bject o£ sur.h code is the regulation oE th~ construct·i m, ltnration, r.1o ving, dcr clition, re;:>air and use of n) buildi.,3 m: st::t1ct ::e wi_thin the City . (~) F i:r~ "revcntio Code, ublishcd by the American Insur - ance Ass 1ciath~n successor to the t':ttional Bo!lrd of Fire Gnder- ·r.:ite:.:s, 46 Calif rni Street, San Francisco, California, 94F•4, 1 ~; J:Jit ion, to._1eth2r 1-1ith the October 1966 ._evision thereto . ~h .utject of ouch coue is the regulation of conditions h ~a.-­ d'"JJ"" to life and propc-:-ty f:.:om f ire . (c) ~oJel 1raffic Ordinance for Colorndo ~unicipalities, :ub•_t.shcd in 196 , as officially appr ved, adopted and published by the Colorado 111g h·.o~.1y Safety Council, State CaJitol Building, ~envar, Colo~ado . The subject of such orJin•~ce is the regula - ti:m of traffic '1nd enforc..,rncnt of the rules of the road and the ad lnLstration o"" the sa1•C . (d) State Tnffic Cont.rol ~ nunl adopted by tbf' Colo.r::J.do Dcpa•:tmcnt of Hi~hHays . ':!:".., su',ject of such Code is th<? c;t"lnda,..d utilized in installin6 1nd naintaining traffic c ntrol devicPs . C,'r.C1I • 3 . Th \olo;:d Code mav be us 'd as an abbrcvi"lt ion for 'The 1969 .evised _u niciJal Code of the Cit of Engle ·10od . All ..,.en ral. prov~s~ons, terms, :'hr'lses and e~'pressions, used in the Code, r any ordinance "lrncndin~ the same, shall be libernlly construed, in order that the true intent 'lnd meani1g of the Cit _ Council m, c fully ca::-ricd out . SEC'~ rr J . All o~dinances and Jarts of ordinances of a general and per - m:mcnt nature not contain d in the Code ar!"! hcrcl y repealed, ex- cept those ordinances passed s bc;equcnt to Januar) 1, 1970, but Guch r p !ilG hall not e effective and opcr<Jtivc ..-ior to the effective and o crntive date of the 1969 ::'.evised ?':un ici,)a l Code of th2 Cit_ of Englewood; . roviJcd, ho Jcver, that nothin0 contained lu~r..Jin shall be construed as n att mpt to repeal or amend any ordLna.1ce passPd by a vote of the eople o€ the Gity of Engle•..,ood, ex C""t i sofar as the :>a!'le may be uperscdctl by or in v iolation ot= the Ch '"ter of !::n~le~·ood o.: the Constitution of the State of Colo~·• t 1 o . :lECTH.~ u . tothing rontainad in this ordinance shall be construed as a linit:ltion nn the power of the C~ty Council to chonge o vious t. >o ra[lhic· 1 or .:omposition errors in the Code without change of lc.., 1 eff~ct . SEC~IC:' 7 . ~he c asJific t•o~ 1nd arran~emcnt by cha tcr, article and '~r gyst~rn of u ~ti"~1 of the Code, as ~11 as the source n _ .s, ann 1trtL:ms, "~1C. Jthcr cdl.t ri 1 1 <>ttcr included in said r0d •, ·.,r p rt of th 1 , i"l tive t •xt ordai cd hcreb_ ; uch in l"J ·-m i::; 1l,~ for the urpo!Jc . f c•mveniencc, o'!:"derly arran"e - m" nd fn 1at i. n, nd, t',cref >rc, no i ~ licat ion r :::csurJ_ tion n 1 uislativ cnnutr ctt1n i t be dra~ 1 therefr -2- . ' •. I • • .. , -• S":C'l I . 8 . ~he 1969 'evised tunicipal Code of th~ City of Englewood "'> ')Utli:::hed :::'1:111 b_ th sole ro? rt, of the Cit~· of Englc- 'O 10, ~::: o~· e:: tbcreof and sh!!ll e cop yrighted fo:: .:md in bc - h~Lf of the Ci y of En~lerood h. the City Cler~. s~c·~rr 9 . (~) 1bc r.it lC'r!~ st,all distrib•Jtc such sets of the Code P d 1 ".,dn•c>nts hl'r":!to ::: "'l:' b_ ecessary .. o the va ·ious de- ,'lrt ~nts of the City =o~ the official use of City ofcicers , l)o rJs ~nd cn"!lr"issi.m'>, nd fo:;: (mch n~e pu::;;oses fo:.: s "mi.l~r :·t,"lcatio s of oth•r cities. All volumes designated for official usc.• J hall remai. t-hr> property of Lhe Cit , u ~ En..;lcHood for the use o~ s tch officials Dnd their a cce s sors ~nd ~hall bear such desiu- n tlon . ?he Cit: Cler• shall yrepare or c~use to be prepared a li<>t oi the Cit' officers, boards ond co::1!1lissi ons t-!ho shall re- ceive ~or official use s0ts of s aid Code, and shall thereupon d~­ livc:;: :mch sets t such officers taking a receipt for each set so d""'livcred . (') Subse~Jent to the effective date of this ordinance , trc Cit , Clc,·•· shall l·.ccp n hnnd a reason11ble nunber of the Codes he·"in ~dopted for sale to the public at a price tole de - t ermined LJ. him , based solely upon the cost o:!: publication . ( ) From tine to time aft~r the effective date of this ordina cc the Citj' Cler'~ is hereb_ authori::!:ed to codif.' ordin - anc s amending the said Revised ~nicipal Code and to h~v e the sn~e printed as sup~lc~~nts, or ~ Jbstitute ~ages therefor . He ·~a: ~cce t s •bs criptions to such supplenents et a cost to be de - ternined by him , b sed solcl; upon the c ost of publication and handli e of tho sane , and shall nake ~uch copies of the supple - ment v<1ilable to such subscribers 1s t h e same arc received by him a d shall bill for the same . Fa i lure of any subscriber to pay such hilling n or before the date of nailing of the n ex t subsequent su~ple~ent shall cause such subscribed to be dro p ,ed fro,.. the mailing list . SEC..,.I !'' 10 . 24th This or d inance shall bec omf' effe c tive on the ..'J.t:-h-day of August, 1970, "It 12:01 A.!!. SEC'LIO• 11 . (1) An ; )" ·· on uho sh 11 violate .:1ny prov~s:ton of this ord inance, or 1n ~r visio. of t he codes hereb ado:1ted, shall c fin d no t mor' tt11n 300 or i'Cl:Jri~oncd in the Citv Jail not mo-re th.:J.n 00 d.:t:s or s hall suffer bo th rine and imprisonment . Eac h and cv r) violation of the provisions of this ordinance shall ro~rtitute a s parate offense. (b) lhe p naltics set forth in the Code are as follows : Sec . 1-2 -L. G ~ner 1 Pena lty; Continuing Violations; F .:.nes <.1nd l"\Jrison ent . It si1all b e u lmvful for an pe:::-son to violate, dis- ole , o .1it , uglect, refuse or fail to conply lJ ith or rosi<; the nforce C'1t of nny provision of this Co de or an; se c ondary code a d o.'ted hnrein, nnd t-lhere n specific penal t ~· Ls pr vid.:d tl:l"'rcf11r, thn violation of any pr - vision of thi~ Code or o f nn. sccJnd ary code adopted herei nha 1 be ,unished by a fine n t 1 ccC'dins th1:ee hundred -1 - I • • • 0 , ·. ' X • • doll<>rs or impric;on'"ent for R term not evcecding ninety dn;s or 1, .. both "uch fine and imprisonment , the amount of 'luch finr.o or ter o:Z such i:v ,..isonmcnt to re!"t '>.'ithin the di~crcti~n Jf the ~nici~~l J dge . The imposition of nc l)Cn~lt. h'lll not excuse an_ violation nor pcrrCJ.it it to continue . Unless ot1nr1dsc indicated, a separ te offense sh"ll be dcem~d c m~ittcd upon each da. or portion thereof durin.; r nn .,·hich a~1~· violation of any revision of this Code or any ·;c~c'J1dar · code adopted herein occ•Jrs or con- tinues . Sec . l -2-2. Cumul~tive Remedies . (a) ~enever an_ act o condition c ons titutes a nuis 1nce or pr vides a cause of -1ction fo r injunct i on or ther civil remedy, the s~id remedies shall be considered to be cumulative, and in add ition to the rcnalties herein - above pr vided, and a~ action for abate•ent, injunction, or nt1c civil remedy may be bro ght against such violator . (b) 'be quspension or rev cation of any license, per- mit , or other privilc;:;e c01 f.crre d by th·~ Cit shAll not be re;::nrdcd as a enalt:• for the , ur;1oscs of this Cc de . (c) \!hen 1vor' or activity for which a permit or license is r~quirnd by this Cudn or any code ~do_ted herci is cor- rncnccd without first havin..., acquired such pendt or 1' Pose>, the sp<>cified fee sh 11 c d ubled, but the .a: ent of <• ch do ble fee shall not rclic·:c any person fro~ fully COt'': . - inG ~n th 1.11 the require:1ents of this Cede or an· cede ado;->tcd h erein, n'Jr from ny other prescribed penalties . aym<>nt of suc h do blc f e or any tm aid ,)ortion thereof rna • 'x• cot:pelled bJ civil action in ny c urt of COTi'petent jur- isdiction . The acce, ace of an portion less than the en- tire r1mount of such double fc · any officer or e"nlo,·ce f the C~tJ shall not C'I')I1Stitute a \..r i.ver or release of the b" l.ance ther.eo f. Sec . 3 -3-13(a). Career Ser•ice; DiscL;->linary Action . A y er:tployec hnvin0 ~l.":!:anent status may bn dismissed, de~oted or suspended by the appointing authority upon filing lith the Board nd se:-vin"' ersonC~lly o-;; b_r certifie d mail nddressed t hiF last • om record address u on the employee T~ittcn state-ent nf the cause for s~ch action , ~hich couse ·hall relotc to the ,er~or ·nee of duties, nersonal conduct, or 111! factors d trirncntal to th Cit_ . Sec . 9 -1 -2(d). Contractor 's Licenses . St rtinz work on any r ject bef re the required li - e .nse h s b en secOJrcd Jill result in 5lf.l. i crease of the licen .. c ~ee as a pcnaltJ . "'his :'Jenalty shall be C'lmu lative ith nJ 1 1the>r len lties <''1d .... nedies for th" enforcement l~d collcctL n oE such llcunae fees. c.cc . U -2-2. Streets and Side •· 1 's . Ir additio to or in lieu of the oth r r r-dies o::: J•nalti s ,r vidud, if n c ntractor fails to com?l. ith ti' rnqJircrE>ltS +-thi· Cha ter rel ti1..., to co crete wort, add it iun-ol permits for , ide • 1 ks, curbs, guttc .:s, crvicc ra s ,1nd dri.v va s .i.ll be wit 1held by the irector until as~ur~oc i received that ther~ vill be c mpli nee herewith . sc~. 1 -3 -6 . ~tility u~Ln ·s lax . If 11' util it ' lSi• cs · or occ'l at· n ul jcct to he uvi ims 1f this C:'1n~tcr shal faii to .a:· the tax .tP:JOscd -4- I • • ·. , , X ] • • • · th i1 th t Lnc ;>:::c:cribed, a pen a 1 ty of ten per ce. t 1 10 ~) -th~ "r.o•mt c£ t ~ due Lhall ,e aso:;es<Jed · y the City of ~,d~"Hood ."l._,<'li s•· su h ut:ili.t; '-t1~incs1 o:::-"<'C':pat "on , nd t.h, sa i.e ta. t ether Pith the ..., nalt -; nss11ssr ent shall be nci .Ls hcre~y declared to e a d 'l t due and o•-1inr, fro ''l ch utility lus ~ness or ac<::u J"t ion to the Cit;• of Engle - ; od .-:1nd st ject to c 1 1 lccti b~· an '"'Ction ~t :!."'" brought t. tL! Cit of En[,le'·J cd in any court of c~'"' etc 1t jl•'!::"i S - dict iun for the pu;:po 'C '1 · Euch collecU n . S c . 13 -4 -19 . Ssle~ .nd Csc lax . If a~y part nf the dcficienc; ic due to neglignnce or intc~tiona1 disregard o: w thorized rules and regulAtions tit 1 kno<1ledge thereof, but •vithout intc t to de fr-.ud, there s h <'~ll te adde d ::en per cc1t (10"1,) of the to ..,1 'l~o ''1L ~ ~~c J~ricicncy, '~nd in uch case intnrest shall be col- le ted at the rate of on" per cent (1%, 1cr mont h c the rr O"nt o"" the deficiency f:;:ol'1 the ti"'c the retur, :as due, from t·he p;rson rcqllired to fll the return, ~hich interest .:tnd .:1ddition sh~ll becorc d•Je and pa able ~•ithi ... fifteen (15) Jn)• after l~ittCi nctice and den db the Director oi £ Lnanc", Sec . 13 -4-20 . Sales and 'se 1ax . IL a1~ p rL u~ Lh d~fici~nc) ls d~2 to fraud • ith the int nt to cvRd~ the tax, then there shall be added flft~ per cent 'J'~) of the total amount of the deficiency, and .Ln such case the '1-:hole amoun t of thQ tax U<~paid, in - cluding the a ddit ions, sh 11 become du e and payable :· ftenn (15) days after m·itten notice and dcn-md by the 1 i rcctor of F in'lnce .:md an additional one ';)er cent (1/.,) 11er l":mth on said amn nt s shall oc ad ed fror the dntc the retu.·n <~as du unt "l p:1id . Sec . 14-4-12 . Tr~f fic . 'p Llure, refusr>l, '"'r neglect on the part f .:1ny ju- diclPl or other officer or e~ployce rcce ivin 0 or avi1g c st·oc! of -1n_ such fine or fo'!:'feitut:c, to comply 1 h he ~:~visions of 14-4-11, shall cons itutc nisconc!uct in office and shall be grou.,ds for re!IJOV l therc.h-'"' . SECTiv,, 12 . ll ordinanc .s of ~--rwral ml • crmanent nuturc finall ~~~sed ·pd a,pr~ved by the City Council · fter January 1, 1970, but. 1~ or lcfore the affective date of this ordinance shall be .i.ncot:1' .~ted in the pr >;_'ler •'lac in the Code, b 1t nothing · n such i r 1sion, o. this nutho~L~atiol therefor, shall be constr cd s r 1'" '"ld-i.n..., the !:it'lC such lc_r;isl tion t.:J ~es nffcct; l:;ut such lcr,is -l~t ~·m sha .. l 1:-~c 1mc e:Lfcctiv~ ::; if s11ch inclusion were not outh,.,r-. ·~cJ . 7 C' I l '3 . ------- ._ "-•t th . ) .:.J •d i 1 li It:::- '1 i 1 1rdi nee or an) portion thereof as tGis orditancc shall not a_fcct or i - or ccrued or ny pro - c 1c cd in nt y cause c fore -5- ,._ •. I • • .. , f 32xl ] • • :o o .... .._ ,1sc c o::r · ttcd and no liebility , p enal ty or forfei ture, civill. or c riTJina l l: L1,..urrcd, prior to the tir'C uhen an_, such ordi.•1Elnc~ or ..,rt hC'reof s h all be repeAled or in anv l..ra. altered by the , rovi:>e "~1S of ti1is rd bance or the 1969 Ravise d ~lunicir>al Cod_ of the c::. ; of EnJlcwood, Gilotll be disch ar3ed or affected by s11ch rC:J"al or alterao::ion; but, ;>rose cut .i.o""ls and uits for such o.:fcn.>es, liabil i.t :_,.,s, ~en lt i es or for£citures shall be i,tutitutC'd and p1·oc ccdcd \lith in all re s pe ct s as if su ch t?r i 'P. orJindnce or par t thereof had not bee repealed or ~ltere d, ' ) 11) f.,l'neral. or special ord i 1:1ncc, resolution or motion hc~clo~o~P pas:;cd , ~doptcd and nad validatin3, ratifyin0 or leuali::inu the acts 1r 01 i"Si ns of ny officer or v::1lid'ltin:; an. or~inancc, act or Jroceedi 13 lili~tc v er; but all V'llidating or le- cali.~ing ~cts of nnd by thP Cit Co neil fuat. 1ever and no~ in force .-:n:c hereuy contin·wd i•1 force . (c) An; ordin"nce rcl ting to ~he public de b t or the p ublic credit or ~ny annexation of territor . (d) An y ordin"nce rclatin~ to a co~tr~ct to •ihich the City o· -:nGle•J od, Color do is n arty or to any contr->ct rr a de for it " ben efit . (e) tion of Any ordinance , rcsol•ttio n or m tion making appropria- ublic funds . (f) Any ordinance lcvyinJ a special benefit assessment or creaLinu a lien nd de bL agains t an property situat e within th e City of En0 lcw od , Colora do and improved by the opening, ~"id ~nin g, extensi n or pavin;; of any street or p ublic thorough- far e i ith in the S"id Cit y of Engle 1~ood and /or the installation of gutters , curbs, cur walks or side1..ralks alons said streets or thoroushfa::cs . (~) A~) o:dinance or resolution ~rantin ~ any franchise, license, ri::.;nt OJ: r~voc'!blc ;:>erm it to 'ln ,orson , firm or cor- por'ltion, 1"hich franchise , license, right or revocable permit ~vas legally in force and effect on the dat e of the effective dat e of the 1969 Ilevised ;;unicipal Code of the City of Englc- tvood; it being t he expres s intent and purpose of the City Co 1mcil of the City o f Engle l;'OOd that every such franchise, license, right or revocable permit shall expire as ori3ina11. p rovided b~· the ordinanc e or resolution :;:.:-ant ing the same unless sooner ter - minated b. the Cnuncil, acting under and pursuant to the Charter of the Cit y of Engle vood . (h) Any ordinance or resolution promising or guaranteeing the pa) ent of monc • by the Cit) or authorizing the issuance and sale of General 0 ligation or Revenue Bonds b. the City. (,~.) Any ndrninistr.:tt .ivt' ordinnnce or resolution of the City Council not in conflict or inconsistent 11 ith the provisions of the 1969 Revised Muni ci ~~l Code of the City of En~le~ood . ( j) /<,,,, or di ·ne e pr oviding for and rnnlcing the annual tax levy in ami fo the City <>f Englm,•oo d, Colorado. ( :) build in., An' ordinance o>: 'l:' so lut io 1 es t ablishing fees for ere-its a nd in.;pections . (1. n_. ni bond t be rdiu.mcc o.: -::e">olu tion e.:>tablishing the a.,ount ostcd L~ City officials . ~1) A~y ord inanc ~ or resolution relating to the salaries of Cit~ o·ficers or ~rployecs . -6- ... I • • . ' , • (n) An. ordinance, resolution or motion ~n~exing terri - to::: to the City; or "'ny ordinance or ordinances establishing 1~i usc zoning districts in rhn Cit), regulating the use of land ond the use, bulk, height , area and yard spaces of buildings, ado_ t Ln . ., a map of zoning district", providin:; for the adjustment, enfo:-cenent :md amc>ndmront t11e~e-Fo~. ( o) ~y o.:dinrmce, res lution or motio~1 narnin3, rcnTmin[;, o;J"'ning , "cceptin;:; or v'lcatin::; str~ets, alle. s or rights-of -.vay in thn City: or ~my ordin~nce amend in..., the sarne . SECT h.:: 1!1 . That the 1969 aevised ~nicipal Code o-F the City of Engle- Hood, or cny Ch:1, t r or Section here f ra~ ..,e p~oved ly a copy th"re £, certif'ed 1y the City Clerk of thn City of Engle~·mod, und~r the Seal of the Cit" or uhen printed ~~ boo1r or pamphlet £orr 3nd urportin0 to se printed b_ authority of the City, the S1"rn" shall be received in evidence in all en rts •vithout further proof of t'1e e-<i"tence and re::;ul.1rity of the en1"ctments of an. ryarticular ordinance and of said Cod~. SEC ... I C"1 l.J . 'I hat ;_Jursuant to, and i•1 corn 1 linnce \·lith, Chapter 139, Article 34, Section 3 of Colorndo ~cvised Statutes 1963 as amended, the City Cler~ of the> City of Engle,rood is hereby author- izC'd .,nd directed to publish 'lotice of a public hearin3 on the sdoJtion And enactme nt of the 1969 hCvised ~niciJal Code of the Cit :r of En~jlcwood to the el{tcnt , ~nd pursuant to, the schedule for such p 1 lications prcscr io d i, 139-34-3 of Colo,-;:odo Revised Stetutcs 1963, said public h~arin 6 to be held in the Council Ch<>"Jbers, City Ha , of En~lc~mod, Arapahoe County, Colorado, at S·t ) o 'cloc'· ?· . on July 6, 1970 . sEcnm· 'o) "'-irequcnt intervals after the apprcwal of this ordin- ance, a!.l o>:din nces of a general and permanent nature assed ·nd ap~rovcd durin the prccedin~ period, shall le r"vis d, ar- rant;ed and ~rf'p red for publication in the fonn of loo::;Pleaf sup- 1l"U'I1ts, re rioting the page or pa3es of the Code affected, ::e- r.JOvil1~ the nn nd d or obsolete ;>r evisions and inserting the ne • provisions . ~1 ) Any and all additions or amendmr>nts to the Code, ;hen pass'!d in such form as to indicate the intention of the City Counc il to nakc the sa~e a part thereof , shall be deemed to be incorporated in the Cod~ so that reference to the ''1969 Revised ;un ~ciy1l CodJ f t'1c City of EngleHood s'1all be dcrstoc-d nd in-~ld"d to inr.lud ::<uch auditions and anend,.,ents . 1 c) In case of the a c~dmcnt of any section of the Code for ·~ich JCaalty is not rovidcd, the general penalty as provided ;_ 1 Sect len 1.-2-1 of! s•1ch Cod shall nppl_ to the sectio1 as mend 'C • o::: in C"'Sh sue am d cnt co 1tains provioions for • 1ic 1 .1m lt~·, oth"r than t 1e a..::orcr e tioned gcne:-al pen lt. , is pro - vided ; 'ln ::h ~r sec i 1 i 1 t c s nc ch pter, the · cnalty so ;>t·o - vi :.:)J i." such other scctio 'wll be hel d to relate t:o the ccc- ti n &J en a , unless such lt is S>ccifically repealed th"rci'l . F.Cl::: '' 11 . A CrJ;' of au h Code Gh'lll be Jcpt on file in the office of the Cit; Cler'~, !)r0scrvud it lool:lc lcnf for , or in s ch oth r -7- . ' I • • ·. , f ]-- • • fo··n as the City Clerk ray consider T'lOSt expedi<:.>, . It shal be the c:qrAss dut:• of the Cit:• Clerk or sor~ennr> <~• rho~·ized b_, hiT"', to in~e t 1~ th-i: dnsi3n~tcd leces all n~ ~d nLS or ordinances l·lhich i...1dl catc the intention f the City Co·JncU to r.-.a!~e the sa!'~e a .:n:t of such Code r,.;ol1en the sa~e have been •:-i'1ted or reprinted in ,).:Jge ;:; r'"', and to extract from such Code "'ll rrovisions which nay be fr m tir~e to ti1:1e re;>ealed by the Cit:• Co"Jncil. This co;>~ of such Code shall be available for all rcrsons desiring to c·- .:lJCJinc the sa~c :l!:'ld shall be considered the official 1969 Revised Nu1icip. l Code of the City of Engle1vo~d . ~EC" lO J.B . It .;hall be unlawful for n: person, n::. or corporation to ch:.m~e or a;ncnd by '1dditions or deletions , "''1}' art or . ortion of such Code, or t~ insert or delete ~aces o~ ortions thereof, o:: to nltcr or tamper lvith ::;uch Code in ::m:, manner ~lh"'tsoever vhich 1il c;~use the ordin.::mces ( ... thL City of Engle1,ood to be l"'iSr' resented thereby . Any '?Ors on, "irr-or c rpor.:1tion violating t:1ir section shall be )l nished s , rovided in Section 1 -'7.-1 of the 1969 Revi s_d .~nicipal Code of t~e Cit y of Englet 0d . _ rn~~oducedi6J~al in full "~nd ? ssed on Hrst rcadin 0 on the -.l:;L__ aa y o f ---zjd .un;; , 19 7 0 . . ,(\"/ 11 1 ished as :1 :2 11 for nn Ordinance on the 1 ?( T'/Y? f. c , 197". da:• of ~ea d by tit le and passed on inal reading on the ~ day of '1/-'-. L,... , 1970 . 1ublished by tit le as Urdinance No . ~Ge on the c£3 d a y of tJk· ~ , 1 970 . , Series of 197u, 1kdv{~L~ 1'1ayor Attest : ~ I , Stephen A . Lyon , do 1ereby c ert ify that the above and ·or goin0 ~s a true , accurate and complete c opy of an Ordinanc e passe on ~inal reading and published by tit le as Ordinance No . d<R , Series of 1970 . -d - I • • 0 1 • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 20, 1970 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 20, 1970 at 8:00 P.M. Ma y or Schwab, presiding, called the meeting to order. The invocation was given by Monsignor Bernard Cullen of the Saint Louis Catholic Church. Pledge of Allegiance was led by Boy Scout Troop No. 154. The Mayor asked for roll call . Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Absent: Councilman Lone. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager McDivitt, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1970 AND OF THE SPECIAL MEETING OF JULY 13, 1970 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Mrs. Charles Henning, 3074 Cornell Circle, appeared before City Council representing the Englewood Citizens for Effective Storm Drainage and Flood Control. Mrs. Henning stated that they were in support of the proposed increase in the Englewood sales and use tax. * * * * * * Mr. Douglas Rogers, 13680 Crabapple Road, Golden, Colorado, president of Gordo's, Inc., appeared before City Council requesting approval of the reissuance of the liquor license of the Ori ginal Mexican Cafe, Inc., 4595 South Santa Fe, to Gordo's , Inc . Mr. Rogers introduced the other officers and owners of the corporation: Mrs . Virginia A. Rogers, 13680 Crabapple Road; Mrs . Lucille Rogers, 10880 Linda Vista Drive, Lakewood, Colorado; and Mr. Wesley Rogers, 10880 Linda Vista Drive. COUNCILMAN KREILING MOVED, COUNCILMAN DHORITY SECONDED, THAT THE LIQUOR LICENSE OF THE ORIGINAL MEXICAN CAFE, INC., 4595 SOUTH SANTA FE, BE REISSUED TO GORDO'S, INC. Upon the call of the roll, the vote resulted as follows: I • • ·' \! '32 X I -----~~----~-------- • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 20, 1970 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 20, 1970 at 8:00 P.M. Ma yor Schwab, pre siding, called the meeting to order. The invocation was given by Monsignor Bernard cullen of the Saint Louis Catholic Church. Pledge of Allegiance was led b y Boy Scout Troop No . 154. The Ma yor asked for roll call. Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Absent: Councilman Lone. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager McDivitt, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1970 AND OF THE SPECIAL MEETING OF JULY 13, 1970 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None . Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Mrs. Charles Henning, 3074 Cornell Circle, appeared before City Council representing the Englewood Citizens for Effective Storm Drainage and Flood control. Mrs. Henning stated that they were in support of the proposed increase in the Englewood sales and use tax. * * * * * * Mr. Douglas Rogers, 13680 Crabapple Road, Golden, Colorado , president of Gordo's, Inc., appeared before City Council req u esting approval of the reissuance of the liquor license of the Or iginal Mexican Cafe, Inc., 4595 South Santa Fe, to Gordo's, Inc . Mr. Rogers introduced the other officers and owners of the corporation: Mrs . Virginia A. Rogers, 13680 Crabapple Road; Mrs . Lucille Rogers, 10880 Linda Vista Drive, Lakewood, Colorado; and Mr. Wesley Rogers, 10880 Linda Vista Dri ve . COUNCILMAN KREILING MOVED, COUNCILMAN DHORITY SECONDED, THAT THE LIQUOR LICENSE OF THE ORIGINAL MEXICAN CAFE, INC., 4595 SOUTH SANTA FE, BE REISSUED TO GORDO'S, INC. Upon the call of the roll, the vote resulted as follows: ·' I ! ~ I • • • -2- Schwab . Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Mr. Nate Burt, 5 200 South Broadway, appeared before City Council and voiced his support of the one cent increase to the retail sales and use tax . Mr. Burt stated that this would have some adverse impact upon retail business, but he believed that the benefit i n terms of progress in capital improvements was worth the problems . Mr. Chalmerse Parker, 3996 South Grant, appeared before City Council and stated that he saw no ill effects of the sales tax increase and that not all of the one cent increase should be used for storm sewers. Mr. Parker stated that he hoped the Council would effect a one mill reduction. Mayor Schwab requested that those in favor of the one cent increase stand. Eleven stood. No one stood in disapproval. Mr. M. M. Summers, 3140 South Delaware, appeared before City Council and voiced his support of the one cent increase to the retail sales and use tax. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING ON THE CREATION OF SIDEWALK DISTRICT NO. 70 BE OPENED. Upon the call of the roll, the vote resulted as follows: Schwab. Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried, and the public hearing opened at 8:55 P.M. (Note: A tape recording of the public hearing is on file with the official records.) Listed below are those individuals who appeared before City Council in regard to Sidewalk District No. 70: Mr . Stanley H. Dial, City Manager. Mr. Ke l l s Waggone r, Director of Public Works. Mr . Tom Westerbuhr, 3201 South Bannock. COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Schwab. Aye s: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Na y s: None . Absent: Councilman Lone. The Mayor declared the motion carried, and the public hearing closed a t 9:40 P .M. * * * * * • .. , I ! ~ I • • • • • -3- Mr . Charles B. Carroll, Director of Utilities, and Mr. Herb e rt McCall, c onsultant, appeared before City Council in regard to bids received for Sewer Digester No. 2 . A mem o randum from Di r ector of Finance Lyon and Director o f Uti lit i e s Ca r roll dated July 16, 1970 with an attached letter f rom McCall -Ell i ngson Consulting Eng i neers dated July 13, 1970 was pres ented to Ci ty Council. Ci ty Co u n c il d iscussed th e proposed bid award . COUN CI LMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT ITEMS ONE THROUGH FOUR BE AWARDED TO DOUGAN CONSTRUCTION COMPANY IN THE AM OUNT OF $13,1 5 0 AND THAT ITEM FIVE BE REBID AND WORK COSTS ASSOCIATED WITH I T BE NEGOTIATED. Upon the call of the roll, the vote r e sulted as follows: Ayes: Councilmen Brown, Dhori ty, Kreiling, Senti, Schwab . Nays: Councilman Lay. Absen t : Councilman Lone. The Mayor declared the motion carried . * * * * * * The financial report for the month of June was received for the record and discussed. * * * * * * A report on the American Librarians Association Conference in Detroit was received for the record. * * * * * * The minutes of the Retirement Board meeting of July 7, 1970 were received for the record. * * * * * * BY AUTHORITY ORDINANCE NO . 26, SERIES OF 1970 AN ORDINANCE ADOPTING "THE 1969 REVISED MUNICIPAL CODE OF THE CITY OF ENGLEWOOD" INCORPORATING THEREIN THE BUILDING CODE OF THE CITY AND COUNTY OF DENVER, THE FIRE PREVENTION CODE AND THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, THE COLORADO STATE TRAFFIC CONTROL MANUAL, AND ALL OTHER GENERAL ORDINANCES OF THE CITY OF ENGLEWOOD; PROVIDING FOR THE REPEAL OF ALL ORDI- NANCES OF A GENERAL AND PERMANENT NATURE NOT INCLUDED THEREIN, SAVE AND EXCEPT SUCH ORDINANCES PARTICULARLY SPECI IED AS EXCEPTED FROM SUCH REPEAL ; PROVIDING FOR PENALTIES FOR VIOLATION OF THE PROVISIONS OF SAID CODE AND SET T ING FORTH THE PENALTIES PROVIDED FOR IN SAID CODE; PROVIDING FOR A PUBLIC HEARING ON THE ADOPTION OF SAID CODE AND PROVIDING FOR THE EFFECTIVE DATE OF SAID CODE. (Copied ~n f ull i n t h e o f f i cial Ordinance Book .) COUN CILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 2 6 , SERIES OF 1970 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon th e c al l of t he roll, the vote resulted as follows: Schwab. Ayes : Co unci lmen Brown, Dhority, Kreiling, Lay, Senti, Na ys: No ne . Absen t : Counci lman Lone . ·' ' r 'r I • • • • -4- The Ma y or d e clare d the mot i on carried. * * * * * * Introduced as a Bill by Councilman Kreiling and read in full. A BILL FOR AN ORDINANCE REPEALING SECTIONS 17.1-1 AND 19.5-9 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE SALE OF FERMENTED MALT BEVERAGES NEAR SCHOOLS. Mrs. Barbara Burget, 4108 South Inca, appeared before City Council and inquire d as to the reason for the repeal of a portion of the Ci ty Code which does not allow the sale of 3.2 beer near schools. Ci ty Council responded by stating that this was a local restriction which had been declared invalid by District Court. COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a bill for an ordi- nance exempting from competitive bidding traffic signal equip- ment, firearms and those items presently exempt . City Council discussed the proposed bill with City Manager Dial. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE ESTABLISHING GENERAL EXCEPTIONS FOR BIDDING BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Counc ilmen Brown, Dhority, Lay, Schwab. Na y s: Councilmen Kreiling, Senti. Absent : Co unci lman Lone . The Mayor d ec lare d the mot i on carried . ****** Ci ty Attorney Berardini read letters from Royal Globe Company and from former City Attorney Criswell. Mr. Berardini reported that in essence Royal Globe stated that they would indemnify all employees of the City of Englewood on false arrest for the period of time wh i le the policy was in effect if the city would drop i ts present law suit against Royal Globe. Mr. Berardini recomm e nd e d that the City settle out of court as pro- posed by Roya l Globe . COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT CITY ATTORNE Y BERARDINI'S RECOMMENDATION THAT THE LAW SUIT AGAINST I • • . , .• \ ! • • -5- RO~L GLOBE BE SETTLED OUT OF COURT SUBJECT TO ROYAL GLOBE INDEMNIFYING THE EMPLOYEES OF THE CITY OF ENGLEWOOD ON FALSE ARREST UP TO THE $2 MILLION LIMI'r FOR THE PERIOD OF TIME WHILE THE CITY OF ENGLEWOOD WAS COVERED BY THE ROYAL GLOBE INSURANCE POLICY BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ay es: Coun c ilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Na y s: No n e . Abs ent : Co u n ci lman Lone. Th e Ma y or d e cla r e d the mot ion c arried. * * * * * Ci t y Attorney Berardini stated that the City was pres e ntly in Di strict Court over the condemnation of 40 acres of land of the Atchison Ranch. Mr. Berardini stated that there was some question as to whether the one-half gravel deposit on th e property was reserved for the Atchisons and that it might prove necessary to core the 40 acres to determine the amount of gravel reserve in order that the City might receive full com- pensation from the Federal Government. * * * * * * Introduced as a Bill by Councilman Lay and read in full. A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70: ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS: AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS . COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. ****** An agr eeme nt between the City of Englewood and the South we s t Me tropol i tan Wa te r and Sanitation District for the cro ss i n g of the City Ditch was presented. COUN C ILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PROPOSED AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE SOUTHWEST METROPOLITAN WATER AND SANITATION DISTRICT FOR CROSSING THE CITY DITCH BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Abs e nt: Councilman Lone . ,._ I • • . I ·' \ ! I ' 'r • • • • -6- The Mayor dec lared the motion carried. * * * * * * Ci ty Manager Di al presente d a memorandum of October 2, 1969 f r om former Assistant City Manager Robert Mack on the costs and fees for hearings before the various boards. It was t he consensus of City Council that the memorandum be discussed at a future study session. * * * * * * City Manager Dial reported that he appointed Mr. James L. Supinge r as Planning Director to begin work with the City on July 27, 1970. * * * * * * City Manager Dial presented a letter from Judge Haydn Swearingen requesting approval to attend the North American Judges Association at a cost of approximately $385. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT JUDGE HAYDN SWEARINGEN'S REQUEST TO ATTEND THE NORTH AMERICAN JUDGES ASSOCIATION BE APPROVED. Upon the call of the roll, the vote resulted as follows: Schwab. Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Manager Dial requested that City Council take action in regard to the recommendation of the Preliminary Design Criteria Report by the consultant for the storm sewers. COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT THE PRELIMINARY DESIGN CRITERIA REPORT OF THE CONSULTANT BE ACCEPTED AND THAT HE BE AUTHORIZED TO PROCEED ON THE BASIS OF THE RECOMMENDATION: I.E., A TWO YEAR STORM FOR RESIDENTIAL AREAS AND A FIVE YEAR STORM FOR COMMERCIAL AREAS. Upon the call of the roll, the vote resulted as follows: Schwab. Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Na y s: Non e . Ab sen t: Co u nc i lman Lon e . Th e Ma y or dec lared t he moti on c arr1ed. * * * * * * City Manager Dial stated that he had been contacted by Mr. John Ferguson, president of the Englewood Lions Club, in regard to the Lions Club Petti ng Zoo and the position of City Council in regard to the financial loss being incurred by the Zoo. Discussion ensued. COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE CITY GIVE $500 TO THE ENGLEWOOD LIONS CLUB FOR THE I • • • . , X • • • -7- OPERATION OF THE LIONS CLUB PETTING ZOO IN 1970. Upon the call of the roll, t he vote resul t ed as follows: Ay es : Counc i lmen Brown, Dhority, Kreiling, Senti, Schwab. Na y s: Counc ilman Lay. Absent: Counc i lman Lone. The Mayor d ec lare d t he mo tion carried . * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT MR. H. J . BEVIER, 27 5 1 SOUTH GRANT, BE APPOINTED TO THE BOARD OF ADJUSTMENT AND APPEALS TO FILL THE UNEXPIRED TERM OF MR. DEL ARMSTRONG. Upon t he call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried . * * * * * * Mayor Schwab stated that contrary to the article in the July 16, 1970 Suburban Sun that no negotiations had been conducted with the City of Sheridan involving the incorporation of the two cities into one. * * * * * * Councilman Brown inquired as to the status of the KLZ site . City Manager Dial stated that the matter was pending before the Colorado Supreme Court. * * * * * * Councilman Dhority stated that the City should encourage more businesses to move to Englewood and that the priorities in considering Englewood by businesses are a) parking, b) mail service, c) telephone servi ce. City Co un ci l d i s c ussed talking with various people regarding thes e prio r i t i es . * * * * * * Counci lman Lay repo r ted that the Board of Directors of the Chamb e r of Comm e rce had that afternoon approved the financing of a capital i mprovement program with the one cent sales tax i ncrease. * * * * * * Councilman Lay stated that he had received a request concerning the use of Little Dry Creek for parking. Mr. Lay requested the manner i n which one obtained approval for the usage above Little Dry Cr e ek for parking • City counc il discussed the utilization of Little Dry Creek as c ommercial property. . ' • ' I .• • • ' • -8- Councilman Dhority requested that City Attorney Berardini give a report on the status of ownership of the land and th e cost to qui et title from Logan to Bannock . * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ay es : Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lon e . The Mayor declared the motion carried, and the meeting adjourned at 12:16 P.M. • J I • • 0 . , r . • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 6, 1970 OFFIC IAl,; CITY COUN CIL c ~ :::UMC "'T: n-:-•. ., •. , .... J • cour-v:1;_ 1 , .. , .., L,..,. CITY OF CNGLE :tC~; ·~oL.o. REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 6, 1970 at 8:00 P.M. Mayor Schwab, pres iding , called the me eting to order . The invocation was given by Father Murphy of the S t . Louis Catholic Church. P l edge of Allegiance was led by Mayor Schwab. The Mayor asked for roll call. Upon the call of the roll, the fo llowing were present: Co uncilmen Brown, Dhority , Lay, Lon e , Senti, Sc hwab. Absent: Councilman Kr ei ling. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager McDivitt, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, TK~T THE MINUTES OF JUNE 15, 1970 BE APPROVED AS READ WITH AN AMEND- MENT TO PAGE THREE STATING THAT COUNCILMAN BROWN REENTERED THE COUNCIL CHAMBERS AT 9:40 P.M. RATHER THAN 10:40 P.M. 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. * * * * * * Mayor Schwab recognized Mr. William R. Howe, 4935 South Delaware Street, from the list of special citizen invitees . Mr. Howe stated that there were considerable traff~c problems created by making lef t hand turns into Cinderella city off of U . S . 285 . * * * * * * Mr. Leo Hamel, 4401 Wagon Trail Drive, and Mr. Robert Marshall, 12970 West 15th Drive, Golden, Colorado, appeared before City Council in regard to the parking limitations recently imposed by the City near the intersection of South Santa Fe Drive and West Union Avenue. Mr. Hamel and Mr. Marshall, employees of Ragsdale Tool & Di e , 4535 South Santa Fe, stated that they had park ed on West Union Avenue until the City had limited parking. They discussed the hardship caused by the parking limitation and traffic problems within the area. I • • ' • • -2- City Manager Dial stated that West Union Avenue in the area in which parking had been prohibited had been saturated with parked vehicles and junk cars, sight visibility was limited and cars were not well parked off the traveled way. Mr. Dial stated that the removal of parking had improved these situations considerably. City Council discussed the matter with Mr. Hamel and Mr. Marshall. * * * * * * Mr. Bruce Heider of Walter E. Heider & Company appeared before City Council and formally presented the 1969 audit and management letter. Mr. Heider discussed the manage- ment letter with members of Council. City Manager Dial stated that the recommendations con- tained in the letter would be reviewed in the 1971 budget process. * * * * * * Mr. John Ferguson, president of the Englewood Lions Club, appeared before City Council and presented a letter con- cerning the Lions Club zoo at Belleview Park. Mr. Ferguson stated that the zoo was a losing proposition and he requested $2,000 contribution from the City of Englewood to maintain the zoo's operation. Mr. Ferguson stated that the Lions Club would con- tinue with its present support of the zoo and the train. Councilman Lay suggested that the request of the Lions Club be taken under advisement and a decision reached at a later Council meeting. * * * * * * Mr. Jack L. Clasby, Chief of Police, appeared before City Council and introduced the following members of the Englewood Police Department's four-man pistol team to City Council: Sergeant Robert Penney Sergeant Leon Mull Officer William Belt Officer Randall Carson. RESOLUTION NO. 18, SERIES OF 1970 A RESOLUTION CONGRATULATING AND COMMENDING THE ENGLEWOOD POLICE OFFICERS FOR THEIR PERFORMANCE IN THE STATE CHAMPIONSHIP POLICE MATCH. (Copied in full in the official Resolution Book.) Sergeant Penney, on behalf of the officers, thanked the City Council for its support of the team and its expression of appreciation. City Manager Dial stated that the team had been obtain- ing funds from local private sources to finance their attendance at the national pistol competition to be held in Jackson, Mississippi. Mr. Dial stated that with the approval of City Council he believed the City could find any additional needed funds to sponsor the trip to the national competition. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 18, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: I • • .. • \ ! f 2 X • • • -3- Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING TO ADOPT THE MUNICIPAL CODE BY REFERENCE BE OPENED. 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 motion carried, and the public hearing opened at 9:05 P.M. (Note: A tape recording of the public hearing is on file with the official minutes.) The following individuals appeared before City Council in regard to the adoption of the revised Municipal Code: Mr. John A. Criswell, attorney, 3755 South Broadway. Mr. Criswell discussed the revised Municipal Code and presented a memorandum dated July 6, 1970 with three attachments to City Council. Mr. George Johnston, 2401 South Pecos. Mr. Johnston discussed the enforcement of the revised Municipal Code. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING BE CLOSED. 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 public hearing closed at 9:35 P.M. ****** COUNCILMAN BROWN MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF THE NORTHWEST CORNER OF WEST THOMAS AVENUE AND SOUTH BEVERLY DRIVE FROM R-4 TO I-1 BE OPENED. 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 public hearing opened at 9:36 P.M. (Note: A tape recording of the public hearing is on file with the official minutes.) I • • f 2xl --------'"" 1 • • • -4- (Councilman Kreiling entered the Council Chambers at 9:39 P.M. and took his seat with Council.) Listed below are the items presented to City Council in regard to the rezoning: 1. A memorandum from Mrs. D. A. Romans, Acting Dire ctor of Planning, dated July 2, 1970 concerning the rezoning. 2. An a e rial photo of the subject area. 3. A map of the subject area. 4. A prote st p e tition filed with the Planning Commission at their hearing on May 19, 1970. 5. A memorandum dated May 20, 1970 to Mr. Kells Waggoner, Director of Public Works from Mrs. D. A. Romans, Acting Director of Planning,concerning the testimony at the hearing on May 19, 1970. 6. A summary of the annexation and zoning history of the subject area. Mrs. D. A. Romans, Acting Director of Planning, appeared before City Council and reviewed the proposed rezoning. Mrs. Romans indicated to Council that there was an error in the notice of public hearing which was posted on the subject area. Mrs. Romans stated that those citizens who were opposed to the rezoning might object to the fact that an error was made. Discussion ensued. Mr. William F. Manning, 1540 West Tufts, appeared before City Council and requested that the area be properly posted and that the public hearing be postponed until this was done. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING BE CLOSED AND THAT AUGUST 3, 1970 BE ESTABLISHED AS THE NEW PUBLIC HEARING DATE. Mr. Richard L. Eason, attorney, 3311 South Broadway, appeared before City Council and stated that he was in agreement with Council that the public hearing be reestablished. 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 closed at 9:56 P.M. (See further motion pertaining to the hearing date at the end of the City Council meeting.) * * * * * * The minutes of the Planning and Zoning Commission meeting of June 2 , 1970 were received for the record. * * * * * * The minutes of the Parks and Recreation Commission meeting of June 17, 1970 were received for the record. . - * * * * * * I • • ·' \ ( • , ~ 1 • • • • -5- Th e minute s of the Board of Career Service Commissioners meeting of Jun e 18, 1970 were received for the record . * * .., * * * The minutes of the Library Board meeting of June 9, 1970 were received for the record. * * * * * * Mr. Robert Baker, attorney, and Mr. Jerry Sturm, 3184 Edgemore Drive, appeared before City Council in regard to the Peanut Barrel, 3535 South Huron. Mr . Baker requested that the current license be allowed to transfer from Mr. Thomas J. Nomina to Peanut Barrel, Inc. dba Holly South. COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT THE CURRENT LICENSE OF THE PEANUT BARREL, 3535 SOUTH HURON, BE REISSUED TO THE PEANUT BARREL, INC. DBA HOLLY SOUTH. 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. * * * * * * City Attorney Berardini stated that Mr. Don Hanneman had resigned effective July 1, 1970. Mr. Berardini introduced Mr. George B. Lee, Jr. who had been appointed Assistant City Attorney and prosecuting attorney for Municipal Court effective July 21, 1970. Mr. Lee appeared before City Council. City Attorney Berardini stated that Mr. Lee had pre- viously been municipal judge for the City of Aurora and that he would resign that position on July 20, 1970. * * * * * * City Manager Dial introduced Mr. Dean Peterson from the Colorado State Highway Department. Mr. Dial stated that Mr. Peterson was taking graduate course work in public administration and as a part of his work was attending the Englewood City Council meeting. * * * * * * City Atto rney Berardini presented the opinion of Judge Foote concerning the action brought by Mr. Leslie E. Howe, Sport Bowl, 3295 South Broadway, against the City of Englewood to cause the issuance of a 3.2 beer license to Mr. Howe. Mr. Berardini stated that Judge Foote had ruled that the State's 3.2 beer act takes preced e nce over the City of Englewood's ordinances which prohibit Mr. Howe from holding a license and that the Judge had ordered that the City issue said license. It was the consensus of City Council that the City Attorney change th e City Code by removing the restriction pro- hibiting the issuance of 3.2 beer licenses within 500 feet of a public or parochial school. * * * * * * I • • . ' .• I ( I 'f • • -6- A proposed bill for an ordinance increasing the sales tax from two cents to three cents was presented by City Attorney Berardini and discussed by council . Introduced as a Bill by Councilman Brown and read in full, A BILL FOR AN ORDINANCE AMENDING SECTIONS 16.5-3(a), 16.5-10, l6 .5-16 (c), 16.5-17, l6.5-20(b) AND 16.5-38, OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO INCREASE THE TAX LEVIED BY SAID SECTIONS FROM TWO (2) CENTS ON EACH FULL DOLLAR AND OF EACH RETAIL SALE OR ACQUISITION CHARGE, TO THREE (3) CENTS FOR EACH FULL DOLLAR THEREOF; ESTABLISHING A SCHEDULE FOR THE COLLECTION OF SUCH TAXES WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY TAXABLE ITEM INCLUDES A FRACTIONAL PART OF A FULL DOLLAR SEGREGATING AND USING SAID ADDITIONAL REVENUES FOR CAPITAL IMPROVEMENTS EXCLUSIVELY DECREASING THE VENDOR'S FEE FROM 2.5% TO 1.6% AND INCREASING THE ITINERANT VENDOR'S FEE FROM FORTY ($40.00) DOLLARS TO SIXTY ($60.00) DOLLARS. COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab . Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial recommended that the City purchase a tax certificate giving ownership to two lots in Southlawn Gardens. Mr . Dial stated that the cost of the certificate was $1,100 and that the land could be used in the future park develop- ment near the ditch running through Block 13 of Southlawn Gardens. COUNCILMAN LAY MOVED , COUNCILMAN LONE SECONDED, THAT THE RECOMMENDATION THAT THE CITY PURCHASE A TAX CERTIFICATE FOR TWO LOTS IN SOUTHLAWN GARDENS AT A COST OF $1,100 BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Senti, Schwab. couwcilmen Brown, Dhority, Kreiling, Lay, Lone, ~ Nays; Non e . Absent: None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 19, SERIES OF 1970 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. (Copied in full in the official Resolution Book.) I • • ·., • • • • -7- COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT RESOLUTION NO. 19, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay , Lone, Senti, Schwab. Nays: None. Absentr None. The Mayor declared the motion carried. ****** RESOLUTION NO, 20, SERIES OF 1970 A RESOLUTION INCREASING THE HOURS OF OPERATION OF THE MUNICIPAL COURT; INCREASING THE COMPENSATION OF THE ENGLEWOOD MUNICIPAL JUDGE, THE ASSISTANT CITY ATTORNEY, AND ESTABLISHING THE MUNICIPAL COURT CLERK AT GRADE 16. (Copied in full in the official Resolution Book .) COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 20, SERIES OF 1970 BE ADOPTED AND APPROVED. 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 DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 20, SERIES OF 1970 BE AMENDED BY ADDING TO SECTION 3 AFTER THE WORD JUDGE THE FOLLOWING, "OR $65.00 PER DAY." 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. * * * * * * RESOLUTION NO . 21, SERIES OF 1970 A RESOLUTION APPROPRIATING ADDITIONAL FUNDS FOR THE EXTENSION OF MUNICIPAL COURT OPERATIONS BY EIGHT HOURS PER WEEK • (Copied in full in the official Resolution Book .) COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 21, SERIES OF 1970 BE ADOPTED AND APPROVED. 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 • • . , ' r , 'r • -8- The Mayor declared the motion carried. * * * * * * City Manager Dial reported that City Attorney Berardini is preparing an ordinance setting forth guidelines for approval by the Water and Sewer Board of encroachments on City property under the control of the Utility Department, specifically, the City Ditch. * * * * * * RESOLUTION NO . 22 , SERIES OF 1970 A RESOLUTION ESTABLISHING BONDS FOR EMPLOYEES OF THE CITY OF ENGLEWOOD IN ACCORDANCE WITH THE REVISED CITY CODE OF THE CITY OF ENGLEWOOD, COLORADO. (Copied in full in the official Resolution Book.) COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 22, SERIES OF 1970 BE ADOPTED AND APPROVED. 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. * * * * * * City Manager Dial presented a memorandum from Mr . Kells Waggoner, Director of Public Works,and Mr. Stephen A. Lyon, Director of Finance, recommending that certain traffic signal equipment be exempt from the bidding procedure. Mr. Dial discussed the reasons for the recommendation. It was the consensus of City Council that an ordinance be prepared following the recommendation. * * * * * * Mr. Stephen A . Lyon, Director of Finance, gave a report concerning flood insurance, flood plain zoning, and the Urban Drainage and Flood Control District for the City of Englewood. It was the consensus of City Council that no action be taken in pursuit of obtaining flood insurance at this time. * * * * * * City Manager Dial requested the approval of the attendance of Fire Chief Hamilton to the 9th Annual International Association of Fire Chiefs Conference in Seattle, Washington, August 9 through 13, 1970. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE ATTENDANCE OF FIRE CHIEF HAMILTON TO THE 9TH ANNUAL INTER- NATIONAL ASSOCIATION OF FIRE CHIEFS BE APPROVED AS REQUESTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays : None. ' I • • , ] • • Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial reported that Colorado Day would be on August 3, 1970 and that this would necessitate the rescheduling of the public hearing on the rezoning which had been previously set for August 3, 1970. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF THE NORTHWEST CORNER OF WEST THOMAS AVENUE AND SOUTH BEVERLY DRIVE FROM R-4 TO I-1 BE SCHEDULED FOR THE FIRST OFFICIAL MEETING OF THE ENGLEWOOD CITY COUNCIL IN AUGUST, 1970, AT 8:00 P.M. 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. * * * * * * City Manager Dial stated that he had received a request from the downtown merchants to utilize sidewalks in the 3300 - 3400 blocks of South Broadway and adjacent streets during Old Fashion Bargain Days, July 16 through 18. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE USAGE OF CITY SIDEWALKS FOR MERCHANT DISPLAYS AND SALES DURING OLD FASHION BARGAIN DAYS, JULY 16 THROUGH 18 IN THE VICINITY OF THE 3300 AND 3400 BLOCKS OF SOUTH BROADWAY BE AUTHORIZED. 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. * * * * * * City Manager Dial stated that a Utility franchise check in the amount of $34,500 had been received from the Public Service Company for the previous quarter. * * * * * * City Manager Dial discussed the establishment of a study session on July 27, 1970. * * * * * * City Manager Dial stated that the recent ruling by the Colorado Supreme court overturning the Mountain States Telephone rate increase was due in large part to the efforts of the Colorado Municipal League and City and County of Denver in appealing the original rate increase granted by the Public Utilities Commission. * * * * * * ' I • • I ] • -10- city council discussed a proposed traffic study of traffic within the Englewood area. * * * * * * Councilman Kreiling stated that he had attended a public hearing earlier in the evening in Greenwood Village concerning the extension of South Clarkson from Broadway to Orchard Road. Mr. Kreiling stated that the reaction of those citizens attending the meeting was not favorable. * * * * * * Councilman Lay expressed his appreciation for the sympathy and courtesy he had received by the council and administration after the passing of his father. * * * * * * councilman Lone stated that he wished to thank members of City council on behalf of the Englewood Jaycees for their contribution to the fireworks display and for the utilization of centennial Park. * * * * * * COUNCILMAN BROWN MOVED, COUNCILMAN LAY 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: None. Absent: None. The Mayor declared the motion carried, and the meeting adjourned at 11:35 P.M. ' • I • • 0 ·. , , • ("'I I="C:C!r I ll I C ITY 1...~ _:_;.lCNT h L.•IJ (,-J -,..,) COUNCIL CHAMBERS JUL2 'J '7 0 CITY OF ENGLEWOOD, COLORADO JULY 13, 1970 COUN C IL MSL:I!NG FILE CITY OF ENGLEWOOD. coLO. SPECIAL MEETING: The City council of the City of Englewood, Arapahoe c ounty, State of colorado , met in special session Monday, July 13, 1970 at 9:30 P.M. Clerk: The following "Notice of Call" was read by the City July 13, 1970 NOTICE OF CALL BY THE MAYOR FOR SPECIAL SESSION OF THE CITY COUNCIL MONDAY, JULY 13, 1970 -7:30 P.M. The City council of the City of Englewood, Arapahoe County, colorado, is hereby called to a special meeting in the City Hall, 3400 South Elati Street, for the purpose of considering an increase in the retail sales and use tax from 2¢ to 3¢ and all matters pertaining thereto. STANLEY H. DIAL City Manager ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Councilmen of the City of Englewood, Colorado, do hereby acknowledge receipt of Notice of the above special session: /s/ Milton Senti /s/ Dallas Dhority /s/ John Kreiling /s/ Dick Lone /s/ Howard R. Brown /s/ Elmer E. Schwab Notice was given to the following councilman who was not in attendance: councilman J. Lay Mayor Schwab, presiding, called the meeting to order and asked for roll call. Upon the call of the roll, the following were present: councilmen Senti, Dhority, Kreiling, Lone, Brown, Schwab. Absent: Councilman Lay. The Mayor declared a quorum present. Mayor Schwab stated that the reason for calling the meeting was to amend the bill for an ordinance increasing the retail sales and use tax from 2¢ to 3¢ in such a way to cause the reversion back to 2¢ on December 31, 1976 to be automatic by incorporating it within the body of the ordinance. The bill for an ordinance approved on July 6 contained a declaration of intent to revert to 2¢ in the preamble, but did not incorporate this feature in the body of the bill. Mayor Schwab stated that this would cause the second reading to take place at a special meeting on July 27, 1970. ,._ . , I ! '!' I • • '32xl 1=- • City Clerk Lyon read the amended portions of the bill, A BILL FOR AN ORDINANCE AMENDING SECTIONS 16.5-3(a), 16.5-10, 16. 5-l6(c), 16.5-17, 16.5-20 (b) and 16.5-38, OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO INCREASE THE TAX LEVIED BY SAID SECTIONS FROM TWO (2) CENTS ON EACH FULL DOLLAR AND OF EACH RETAIL SALE OR ACQUISITION CHARGE, TO THREE (3) CENTS FOR EACH FUI.L DOI.LAR THEREOF: ESTABLISHING A SCHEDULE FOR THE COLI.ECTION OF SUCH TAXES WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY TAXABLE ITEM INCLUDES A FRACTIONAL PART OF A FULL DOLLAR SEGREGATING AND USING SAID ADDITIONAL REVENUES FOR CAPITAL IMPROVEMENTS EXCLUSIVELY DECREASING THE VENDOR'S FEE FROM 2.5% TO 1.6% AND INCREASING THE ITINERANT VENDOR'S FEE FROM FORTY($40.00) DOLLARS TO SIXTY ($60.00) DOLLARS, AND DIRECTING THAT SAID INCREASE TAX EXPIRE ON DECEMBER 31, 1976. COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT THE BILL FOR AN ORDINANCE INCREASING THE RETAIL SALES AND USE TAX FROM 2¢ TO 3¢ BE AMENDED IN TITLE AND BY ADDITION OF A NEW SECTION 7 CAUSING THE SALES TAX TO REVERT AUTOMATICALLY TO 2¢ ON DECEMBER 31, 1971 AND THAT THE BILL, AS AMENDED, BE REPUBLISHED IN THE FALL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Senti, Schwab. Nays: None. Absent: Councilman Lay The Mayor declared the motion carried. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the votes resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone,Senti, Schwab. Nays: None. Absent: Councilman Lay The Mayor declared the motion carried, and the meeting adjourned at 9:55 P.M. I . • 0 .• I 2X • • • Precinct No. 1 • Mr. and Mr .~. Elmer W. Douglas, 2170 Ctly 0 F' F' cou 1 c 1 J'I . r tl ,.., l ' , r:or: ' . . u .•. , £:,....,. l'j u / L ') f'\ '7 co < ·' 0 CiTt U N c tL 1\i .... OF' i:N ·"-1/i· GLt:woC,~ r-i lt: West Baker Avenue · Colo. "SPECIAL CITIZEN PROGRAM INVITEES, July 20, 1970 Precinct No. Precinct No. Precinct No. Precinct No. Precinct No. 2 -Mr. and Mrs. Roy R. Roush, 550 East Amherst Avenue 3 -Mr. and Mrs. Ernest R. Pippin, 2739 South Lincoln Street 4 · Mr. and Mrs. Charles R. Cook, 3888 South Inca Street 5 · Hr. and Mrs. Delon Melby, 2944 South Clarkson Street 6 · Mr. and Mrs. H. C. Dralle, 32 76 South Downing Street Precinct No. Precinct No. Precinct No. Precinct No. Precinct No. Precinct No. Precinct No. Precinct No. Precinct No . Precinct No. 7 • Mr. and Mr s . Mark Lambert, 3245 South High Street 8 • Hr. and Mrs. Paul Moseley, 3311 South Logan Street 9 • Mr. and Mrs. William B. Hanson, 3796 South Sherman Street 10 • Hr. and Hr ~. Tom R. Outcalt, 4285 South Cherokee Street 11 • Hr. and Mrs. Michael A. Hanover, 4385 South Grant Street 12 -Mr. and Mr&. Jimmy R. Cheek, 4454 South Cherokee Street 13 • Mr. and Mrs. Everett R. Myers, 2996 West Union Avenue 14 • Mr. and Mrs. Oren J. Durbin, 4998 South Inca Drive 15 • Mr. and Mrs. Harold Roberts, 4880 South Elati Street 16 -Mr. and Mrs. James G. Traseth, 4677 South Clarkson Street I • • ' 2X - • • 0 - INTEI-OFFlCE MEMOilANDUM TO: Stanley H. Dial, City Manager FIOM: Stephen A. Lyon, Dire ctor of Finance and Charles B. Carroll, Jr., Director of Utilities SUBJECT : SEWER DiqESTER NO. 2 BlD Cl • 1. Sealed bids were o pened J uly 9, 1970 for improvements at sewer digester No. 2 with results as explained in attached copy of letter from McCall-Ellingson. 2. Information is furnished that $4 0 ,000 originally was set aside for construction costs and materials from various vendors for sewer plant improvements to digester No. l and No. 2. To date we have spent $14,340 to Dougan Construction Company plus $3,314 for a gas compressor plus $6,864 for materials. The total spen t to date is $24,518 leaving a balance against original encumbrance of $15,482 to expend. 3. The consulting engineers fee for McCall-Ellingson is not to be paid from the encumbered $40,000. 4. The low bid from Robert Dougan Construction Company of $22,350 exceeded balance available for expenditure by approximately $7,000. 5. It is planned to add additional funds to the sewer plant improvement account through fur·ther revisions to the 1970 budget in a consultation between Mr. McDivitt and Mr. Carroll. 6. Item 5 of bid which was s andblasting and painting steel surfaces of the floating cover which came in high at $9,200 will be separated from low bid and rebid separately by City in normal fashion. It is expected that the jacking of the floating cover out of digester and lowering same will b e negotiated hopefully with Dougan Constru c tion Company. 7 . Recommend we proceed as planned and detailed above and in attached letter from McCall-Ellingson. 8 . In s ummary, recommend Dougan Construction Company be awarded the contract for $13,150 for Items l through 4 of bid, Item 5 of bid (Sandblasting and Painting) be rebid by City , and costs o f raising and lowering of cover of the digester conne cted with Item 5 be negotiated. It is estimated that Item 5 com ple te costs wil l be approximately $6 ,500 , thus totaling $19,650 for completed work on Sewer No. 2 Dige ster . Director of Finance HTR/kr Attachment: Letter from Mc Call-Ellingson ,. . 0 I ! '!' I • • f • b ~ I I ! I • • 0 • MCCAL.L. EL.L.INGSON C 0 N. U L TIN G II N .G IN 1111 R 5 1721 HIGH STREET • DENVER, COLORADO 80218 • 388·0856 Herold G. Ellin~, P.E. Harbert S. t.4cCall. P .E. • L.S. July 13, 1970 Lee S. w.li ... P.E. Hr. Charles B. Carroll Director of Utilities Municipal Building 3400 s. Elati Street Engl.-de Colorado Dear Hr. Carroll• OF FI C IAt-: CITY CC ll r tL nO CI..i "f ~~ ' I T' Jr "J TJ ,i!'l ')" '7(') c our ,-,,,~ · · , , i L~ CITY OF £ iCl..F .,;"..&,& .. ~.!::@.. The following is a tabulation of bids received July 9, 1970, for Digester No. 2 Illpro,_nts at the sewage treatMnt plant (for.erly called the West Di&ester, Plant No, 1). Iteu Bifcaen Robert Dougan York PlWibing Conatr. Co. ~ Heatina Coo ENGINEER'S ESTIMATE 1 Remove existing piping. furnish and install sludge recirculation piping and gas piping encased in concrete. 2 furnish and install exposed gas recirculation piping and gas utilization piping on top of the structure and in the interior of the control building. 3 Furnish and install supernatant withdrawal piping. 4 Furnish and install access man- hole in Digester No. 2 5 Sandblasting and painting steel surfaces of the floating cover 6 T o t a 1 s 7 Calendar days after Notice to Proceed to complete work. $ s,ooo. 4,Ht. 1,450. 2,700. 91200. $22,350. 75 days $ 6,900. $ 5,000. i,2H. '"· 2,930. 600. 1,711. 1,500. 91800. 41500. $27,541. $12,500. 90 days • I •• ' r 'T I • • ' - • • MCCALL ELLINGSON Hr. Charles B. Carroll P~e 2 July 13, 1970 • ,_ 0 • Because of the great disparity between the low bid and the Engineer's estimate, the low bidder has written a letter to the engineer to justify his bid. A copy of the letter is enclosed. The low bidder also has offered to r.-ove Itea 5 from his work without changing the reaainin& four lt .... Bid re.ults appear as follows on an. itea by-item basis• For tbe aame wrk done undc It• 1 of the April 9 bid, the liddc bid sli&htly more to reflect a ... 11 ..aunt of additional pipe and the added nqui.r~t of bondiq. This item vas in exact agre•ent with tbe Eqineer•s estlllate, The cost of materials for Item 2, including sales tax, is about $535, The Engineer's estimate included $185, for labor (12 hours plu.ber and helper at $15/hour) and $180, for 25% ovemead and profit, The Bidder (not unreasonably) will not discUss hia labor hours. However, he stated that the plumber he uses charges him $20. per hour for pl~er and helper. He further states that his overheads for ... 11 tools and supervision run 35% on a job this saall and mean, and that he wants 25% in addition for profit and risk. After discussiq the tasks with the Bidder it appears that 40 hours for plumber and helper might be needed, Takin& the precedin& into account, the it .. appears as follows• Material Labor 35% overheads 25% risk and profit T o t a 1 $ 535, 800. 467, 451. $2,253, In conclusio1., the Engineer• s esti.aate for It• 2 nov appears low. How- ever, the bid appears over $1,500, higher than would result froa the Bidders• stated approach to bidding this job. ~ On April 9 the same Bidder bid $1,200. for about twice the work that is involved in this item bid on July 9 for $1,450. The Engineer's estt.ate was half the April 9 bid, or $600. The Bidder states that his costs overran his estimate on the first job, so an increase in the bid vas necessary. This increase appears to amount to $850. ~ Cost of this i tem to the City was the subject of firm quotations from a materials supplier to furnish the materials; and from the present low bidder, when he was contractor on the earlier job, to install them com- plete. The total of these quotations came to less than $1,400. The Engineer's estimate of $1,500. on this present project included the bonding requirement. ' \ •' \ ! "!' I • • • • MCCALL. ELLINGSON Mr. Charles B. Carroll Paae 3 July U, 1970 • 0 • The bid of $2,700. is $1,200. higher than the total of previous quota- tions plus a bonding requirement • .!l!!!...l There is 3,400 square feet, roughly, of surface to be sandblasted and to receive two coats of Inertol Poxitar, a heavy industrial epoxy coating designed for this use. The Engineer's estiaate includes $1. per square foot for sandblaatin& and paintin&, which fro. all informa- tion available, except the bide, appears on the hi&h aideJ and $1,000. for jacking the floating cover into place above the digester vall to sandblast and paint the exterior edge. A painting contractor quoted all the work, except raising and lowering the cover and cleaning up the sand from the digester floor, for $4,500. or $1.29 per square foot. This still appears hilho The Bidder states that he had over $3,000. of crane time to lift the cover out of the digester, set it on scaffolding above the ground outside and return it to the digester after painting. He states that this procedure vas the basis of his bid, althoueh he might have gone to jacking as a 1~-cos~ aethod. It appears that a reasonable cost for Itea 5 might be about $6,000., and that $3,200. savings aight be realized by the City by separating the item from the contract, as offered by the bidder. Further Discussion. In the instance of this project, which is small, dirty, difficult and risky, the standard advertiain& and open bidding procedure pro- duced exactly the sam. bidders as did previous closed bids by invitation on the earlier similar projS<..to 1-\lrtber, the bide are hiaher tban earlier bide were on similar items under the invitation biddingJ and, we believe, are substantially higher than costs to the City would be if the City could have hired the low bidder to do the wotk at cost-plus on a negotiated time-rate, equip .. nt-rate and invoiced materials cost basis. Few contractors are interested in working inside a sludge digester -even a .. - cleaned one -and these are relatively large firma. (Reasons given for not bidding included the dirtine6s of the job and the effect of this factor on contractor employees, the difficul t y, the risk, a fear that excessive supervision and manage- ment time which contractors are short of will be required, and an almost super- stitious fear of methane gas explosion, the liabilities from which could sink a small fir~~~.) In standard open bidding, the bidders list is public knowledge, and plans and specs are held by contractor request. In bidding by invitation, plans and specs are held at the OWner's or Engineer's initiative and the list is not public. ., I i ! i I ·I •' I ! 'r I • • - . t • MCCALL ELLINGSON Hr. Charles B. Carroll Page 4 July 13, 1970 • 0 • In the Denver area, contractors who bid sewage and water treatment plant work are specialists. They know each other through constantly attending bid open- ings together, belonging to the Sallie contractor organizationa, ellploy1ng the same subcontractors, and reading public listings of bidde~•• project awards and active jobs. They generally talk to each other fr .. ly about ca.mon contractor problems. They are not, to our knowledge, collusive in the sense of agreeing who will be the successful bidder on a project and revealing bids prior to an open1ng. In this present bid openiq, collusion vas entirely unnecessary. The low bidder knew only one fil'lll was bidclin& qainst hia, who chis was, knew what the other fil'lll had bid on sbailar work at the earlier openin& and preSUIII&bly knew the other fina's relative vorkloacl. (bow badly it Jli&ht be wanting the job). In a sta a rd open bid-letting, a contractor's ~ral obli&ations are ca.pletely fulfilled by not being collusive. So long as his bid is above his cost plus what he wants for doins the job, he is completely free to adjust the bid to whatever he feels he can get the job for. This approach .ay have been operating in this instance. It is about as likely, however, that since the job is · small, dirty, difficult and risky, the low bidder just wants that much to ~the job, or he would pass it up. This is the position the low bidder 11 now taking, aDd was an el-nt which was not open to close evaluation by the Engineer. The £n&ineer 1 s approach -• that since a silliJ.ar job had been succeesfully COIIpleted without mishap tJI! elaent of risk was IUbstantially reduced. Therefore the cont1ngenciee included in the Engineer's eeti.ate were substantially reduced froa tbe first project to the second. Reco~dations We rec011111end 1 1. That the City accept the low bidder's offer to separate It .. 5 fro• the Pro- ject. 2. That the City acc ept the low bid from the Robert Dougan Construction Company on IteJII 1 through 4, totalling $13,150. 3. That the City invite quotations from 3 or 4 large painting firms industrial coating work for Item Sa · Sandblasting and Paibt1ng. that do ;- ~ ' , ' I ·.I I I I • • I I .I . I ! f 2X or - • f • MCCAL.L. Hr. Charles B. Carroll p&&e 5 July 13, 1970 • • • 4, That the City have Robert Dougan Construction Co. jack the floatin& cover out of the disester on a cost-plus bash, web as that flra 1a 1 nov vorkin& under on conatruction of a sevase lift station for the City. The details of the jackin& procedure would be worked out by the En&lneer with the Contractor's concurrence. The risk ln the Jackin& proce .. would be taken by ths City. Project~ The project cost 8\PIIIilry under the precedin& r~atlona 1a as followaa Avard to the lov bidder, Robert Dousan Construction Co. Estimated cost of sandblastin& and palntin& contract, includin& scaffoldin& and ventilation, under invitation bids $ 13,150 ....... 4,200 • .._.. Estimated cos\. of jackins the floatlna cover out of the di&ester and loverins it back into the di&ester 1,800. Subtotal 19,150, Allowance for continsencies,·lo% 1,900, TOTAL Respectfully subaitted, He CALL-ELLINGSON H. s. McCall HSHIVV Enclosure $ 21,050. .. , I • • ' r f '!' • - • • G ~~1\ f' I G \fc,cv'~~> FINANCE DEPARTMENT 0 t,...lc\1~"' '-' REALIZATION OF ESTIMATED REVENUES c\-0 cO >-1 GENERAL FUND '\ 'l (') '1 () €. For Month of June, 1970 \\ fl\.-VJ '"'J . ·.0 ~ , ~-o·.\:'-' '0 oO · nticipated current To Date % of Est. Last Year 00~c1'-l'lc;\.-E.',J'J Revenue Month Collected To Date c of"-Propee~ Tax $ 188.626 $ 27,238 $ 111,192 59 $ 128' 216 Sales Tax 1,686,570 155,082 928.701 55 647,898 Franchise Taxes: Public Service 92 '000 109,555 Mountain States 51,000 34,500 28,551 Water Utility 25,744 Sewer Utility 81816 Total 177,560 34,500 138,106 78 92,335 Other Taxes: Spec . OWnership 20,500 19,422 Cigarette Tax 95,700 8,317 47,826 Liquor Occupation 111100 200 101433 Total 127,300 8,517 77,681 61 75,301 Fees & Permits: Street Cuts 2,200 292 1, 291 Building Permits 20,000 2,613 13,561 Electrical Permits 5,400 758 4,741 Plumbing Permits 1,600 267 1,555 Spec. Reg. Fees 43,500 1,263 35,613 Dog Licenses 715 3,383 Misc. Licenses 261500 21168 241693 Total 99,200 8,076 84,837 86 79,131 Municipal Court 48,000 7,404 27,196 57 27,236 Revenue from Other Agencies: State Liquor Lie. 1,150 236 State H/W Users Tax 177,100 14,505 97,696 County Court Fees 21400 238 11887 Total 180,650 14,743 99,819 55 76,742 Service Charges: • Libr ary Fees 7,400 664 3,641 Engineering Fees 5,700 72 608 Mobile Home 1,500 201 993 Police 3,500 296 1,894 Fire Districts 21,000 61 11,180 Libra ry Contract 34,064 8,575 State H/W Maint. -----21600 433 11300 361148 • Total 75,764 1,727 28,191 37 24,861 I • • Other Revenues: Interest 6,000 Miscellaneous 41000 11816 7 785 Total 101000 11816 7 785 78 415§9 Revenue ~215931670 ~2591103 ~115031508 58 $111671596 ' ' I r ....... 'r • - • • FINANCE DEPARTMENT EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS GENERAL FUND For Month of June, 1970 Annual current Current Spent & % of Last Budget ~ Encumb. Encumb. Budget Year to To Date Date City council & Boards: City Council $ 22,732 $ 1,789 $ 11,562 Board of Adjust. 1,965 115 769 Career Service 1,140 90 555 Planning & Zon. 1,993 576 1,273 Library 600 15 96 City Attorney 401208 21860 181183 Total 68,638 5,445 32,438 47 23,726 Management: City Manager 52.218 4,635 20,280 Personnel 231551 11978 111746 Total 75,769 6,613 32,026 42 36,891 Finance: Finance Office 117,487 9, 377 55,545 Municipal Court 261755 11679 161413 Total 144,242 11,056 65,958 65, 523 Public Works: Engineering 91,814 8,489 34,837 Streets 364,722 44,376 157,939 Traffic 97,595 10,610 54,454 Building Insp. 71,546 6,067 27,538 Building Maint. 1101037 71720 521 315 Total 735,714 77,262 327,083 44 349,480 Fire Department 495,803 39,745 241,997 49 189,332 Police Department 627,406 47,823 312,178 50 282,314 Parks & Recreation 260,462 19,885 116,986 45 92,540 • Planning 57,055 2,906 21,900 38 19,704 Library 12 3, 460 8, 273 50,244 41 48,582 General Government: Central Services 15,828 1,783 7,950 General Operation 60,835 3,835 42,278 I Employee Benefits 840 • • Total 771503 51618 501228 65 371679 Total Expense ~216661 052 2241626 ~112511038 47 ~111451 771 . , ·' I ! ' ' '!' • -• • FINANCE DEPARTMENT REALIZATION OF ESTIMATED REVENUES PUBLIC IMPROVEMENT FUND For Month of June, 1970 Anticipated current To Date % of Est. Last Year Revenue Month Collected To Date Property Tax $ 95,042 $13,724 $ 56,02 5 59 $ 64,603 Sales Tax 194,886 17,918 107,299 55 186,602 1,435 Interest 5,000 Miscellaneous 2,500 10 75 3 2,067 Sales Street Shops 57,000 Total Revenue ~354,428 ~31,652 ~163,399 46 ~254, 707 EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS ClUIIulative current crurrent Spent & % of Last Year Appropri-~ Encumb. Encumb. Appro-To Date at ion To Date eriation Paving Dist. #19 $ 90,000 $ 12 .01 Park Improvement 36,000 central Shops 10,035 3,454 3,454 34 Aerial Ladder (134) 57 100 Fire Station #1 Relocation 277,738 525 2, 372 .08 Police Relocation 20,180 480 2, 901 1 Storm Drainage 103,565 2,643 57,357 60,000 58 School Signals 24,386 1,309 5, 829 24 Broadway-u.s. 285 Signals 16,801 816 816 5 ..; Santa Fe-Dartmouth Signals 6,000 122 4,073 68 I Fire Station #4 5,000 • • Total Expense ~589,571 ~9. 349 ~57,357 ~79,514 13 $64,088 .. 1- Water Sales Other: Tap Fees connection Charges Property Tax Rentals Interest Miscellaneous Total Total Revenue • • • FINANCE DEPARTMENT REALIZATION OF ESTIMATED REVENUES WATER FUND For Month of June, 1970 Anticipated current To nate % of Est. Revenue Month collected $788,874 $31.675 $412,727 52 950 311 550 30,000 2,838 17,143 316 46 186 12,095 1,934 4,936 25,000 71200 31979 751561 51129 261794 35 !8641435 ~361804 ~4391521 51 Last Year To Date $369,789 441278 ~4141067 Spent & % of Last Year EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS Annual current current Budget Month Encumb. Encurnb. Budget To Date To Date Production: source & Sup. $ 26,109 $ 2,261 $ 13,223 Power & pump 97,575 11.524 39,442 Purification 731827 81901 361581 Total 197,511 22,686 89,246 45 $ 84,895 Trans. & Dist. 107,279 5,099 33,074 31 29,938 Administration: Account & coll. 52,200 3,549 23,732 General 951970 31609 381923 Total 148,170 7,158 62,655 42 57,943 De bt service 374,123 64,161 17 69,802 675 2 20,000 Miscellaneous 25.752 capital Plant & Equipment 581000 513 451939 79 661805 Total Expense !9101835 ~351456 ~2951750 32 $3291383 = .• \ ! ' -----___ :._:_'r ~ I • • • ]- • • I FINANCE DEPARTMENT I REALIZATION OF ESTIMATED REVENUES SEWER FUND For Month of June, 1970 Anticipated current To Date % of Est. Last Year Revenue Month collected To Date Disposal Service $250,000 $30,171 $136,225 54 $131,957 Other: Connection Fees 3,100 2,367 13,912 conn. Fees out- side 20,000 810 14,418 47 1, 238 Tap Fees Interest 30,000 Sale scrap Material 15 Miscellaneous 750 600 Total 531850 31224 301183 56 221306 Total Revenue !3031850 ~331395 ~1661408 55 ~154, 26~ EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS \ Annual current current Spent & % of Last Year Budget Month Encumb. Encumb Budget To Date To Date Treatment $ 82,555 $10,103 $ 45,911 56 $32,738 Sanitary System 40,915 4,395 18,377 45 17,632 Administration: Ace. & Coll. 14,168 1,393 7,732 General 251042 11393 91701 Total 39,210 2,786 17,433 44 13,590 101219 14 11,051 Debt Service 75,758 2,448 10 20,975 Miscellaneous 23,816 capital Plant & Equipment 30 1ooo 111573 311224 631516 100 21474 Total Expense ~292 12 54 ~281857 ~311224 ~1571904 54 ~981460 • = I • • ' .. · \ ! ' ------------~~~ '• I f 32xl City of Englewood School District No. 1 Outdoor Pool Indoor Pool sports & Games Cultural Activities Playgrounds Special Events & Programs Interest Other Income Total Revenue • ou door Pool Indoor Fool S po r • & Games Cu l tur al Activities P laygrounds Specia l Events Genera l Operations Total Expense • • ·, - RECREATION FUND For Month of June 1970 Anticipated current TO Date ~ Revenue $ 41,270 $20,635 17,300 2,441 14,150 5,260 5, 260 13,350 1,273 3' 277 15,100 4,405 13,503 12,400 3,057 8,353 800 2,440 166 518 300 800 4 227 ~117,910 il4,165 ~54,214 EXPENDITURES I % of Est. Last Year collected TO Date 50 $12,000 14 5,175 37 921 25 2,153 89 12' 966 6, 521 21 631 131 Le_ 460 46 ~40,958 current current Spent & % of Last Year Annual Budg:et ~ Encumb. Encumb. Budg:et TO Date To Date $ 15,949 $ 3,683 $ 4,613 29 $ 2,989 21,411 1,177 4,444 21 4,672 42' 011 2' 932 13,781 33 15,720 18,906 2,424 9,662 51 8, 827 6,342 1, 612 1,667 26 2,026 5,415 234 1,034 19 1,046 12' 109 1,329 6,150 51 4,234 p22. 143 pl. 391 i41,35l 34 p9 1 514 . , I \ I I I \ I .• ' r ' ----------------~~~L---------- " • • 0 , INCOME EXPENSE • 0 • BUS OPERATIONS Income and Expense as of June 30, 1970 Fares Miscellaneous Total Income Salaries Repairs & Maint. Gas and Oil Miscellaneous Total Expense BALANCE $2901.00 500.00 $1499.00 259.00 42.00 7.00 ,_ l $3401.00 $1807.00 $1594.00 I . • 0 f 2 I - • At any conference of made among the great • 0 • , ... ,..,n'70 •• {.. J G nLC: r. • . o c.. ~o1.:ct. th e Am e r f~a~,Ll~~~-A ~sociation difficult choices must be nu mb er'ti1 program meetings scheduled s i multaneously. My choi c e s included done-day workshop on staff development. ln addition to prepared talks on th t familiar methods of released time fo r <ducational purposes, attendance at profes ,i un a l meetings, committee assignments, <mployment of only those employee s who ha v~ growth potential, there was time fo 1 general discussion, Much of this related t o the fact that employees of all kind~ are demanding more voice in management d t c isions . There was no general agreement, since, as in other fields, librarians hav e difficulty in identifying those ar~a • where staff par- ticipation in decisi on s is most effective. 1 also attended a serl ea of five meetings on the topic of PLnderstanding and Satisfying the Library L'ser", This was especially intere s tini as the speakers were anthropoligists , ,oc ial workers, and communication expt rts as well as librarians . A strong po int was made of the difficulty of l nentifying and serving ethni c and minority gro up s without categorizing them in way which they con- s i der demeaning. By far the most interesting meeting wa s o n~ at which a com- munication expert used opti c al illusion slides to prove that one's perception depends on experience and that not all people perceive alike ~r at the same rate, Librarians were given an hour of the same sort of frustration which is common to library user s who are unfamiliar with library arrangement and cata- loging. A follow-up rr ee t ing gave us opportunity to s ee how f rustration for the read e r may be avoided by s killful, understanding library s taff, The focus of Dr. Schmitt's talk wa s that data processing can handle the information ex- plosion but interpersonal relationships can be solved only by c ommunication. The concluding ses s i o n -we re devoted to suggestions for serving all people in the community by re s ponding (with books and other material s ) t o urgent needs, keeping in touch with s ociety, and listening and learning fr oo the various segments of the commun i ty rather than relying on one's preconc ~ived ideas and tastes, Perhaps the bes t evaluation of the serie s is the fa c t that the at-' tendance wa s about 1200, e ven though most of the sessions wer e held at 8:30 in the morning, Other me e t i ngs I att e nded we r e r e la t ed to the more techni c al a ~pe c t s of l i brary work--boo k se lec tion, c atJ Logi ng, and cooperation among llbrar les . At the Detroi t confer e n c~ a bo ut a day and a half were d e •o ted to the memb e r s hip meeting, which usually r e q u i r es two o r three hours , The di s cu ss ion centere d on a report "New Di rec ti o ns fo r ALA". While much o f the di sc uss ion wa s not germane to the local library si tu at i on, we all gained insight into th e s oci a l c han ges which may eventually c h a nge library s ervice, One of the benefit s of suc h conf e rence s is alway s the o ppo r tunity t o talk with c olleagues f r om all part s o f th e c o untry--to find o ut wh at I s going on in o th e r libraries , and what th e i r pro blems a r e and the s o lutions they h a ve found. Among the 600-700 c omm rcl al e xhib its one may see new boo k s , ne w equipment, and n e w way s of a ccompl is h ing Library r o utine s , 1 was a ble t o com pare featu res and pri c e s of s uc h e qu i pment a s re ad e r-p r int e r s and ph o to-charge r s wh ich t he library will need t o pu r chase i n th e f u t u re . , . .• \ ! '!' I • • ' - • • • • ' t One very practical outcome was a talk wit~ the Cerstenschlager representative about the problem we have with the bookmobile, especial • ln cold weather. He has promised to cOllie to Englewood to look at the "Road Runner" within a month. From the information I was able to give him, he believes that the problem with the transmission is an unusual one, but one which can be easily corrected. I appreciate the opportunity to attend the ALA conference and hope the Englewood Library will benefit from it. Harriet Lute Director of Libraries Englewood Public Library ·' I ! '! I • • • • ,._ • ·, • RETIREMENT BOARD CITY OF ENGLEWOOD JULY 7, 1970 OFF! CIA~ CITY COU .JCIL DOCUM ENT. I , ,... I J ~. J .,. ) COU N CIL ~.;E::: ;1. .G F ILE CITY OF ENGLEV/000, C0LCt REGULAR MEETING: 'l'he meeting was called to order by Chairman Dhority at 7:30 P.M. Members present: Dhority, Brown, Fitzpatrick, Garromone, Oakley, Lyon. Members absent: Orr, Roberts. The minute s of the last meeting were approved as presented. Mr. Lyon stated that the following proposals for trustee services for the Pension Fund had been received by his office: Boettcher & Company central Bank & Trust Colorado National Bank First National Bank of Denver Denver u. s. Bank First National Bank of Englewood. In addition Li o n e l D. Edie & Company had mailed in a proposal which had been received prior to the deadline by Mr. Dhority. The Board reviewed a c omparison sheet of those submitting truste e s e r vi ce proposals. After discussion the Board selected the follow ing f i rms to appear July 28, 1970 at 7:30 P.M. to make oral pre s e ntat i ons and to discuss their services with the Board: c e n t ral Bank & Trust First National Bank of Denver F irst National Bank of Englewood. Th e meeting adjourned at 9:30 P.M. . ' ·. ·' I ! " I • • 0 t 32xl • • _) • " . • '70 (; r:~.:~· Ilft'RODUCKD AI A IILL IY COOIICIUMlf t J ,f'l'Y ' . . · UhCG(f2 \./Q (.; ~ BY AUTHORITY u . coLo. ORD INANCE NO . 2 k • SERIES OF 1970 '" Alf oaDIMac:K ADOPI'IRU "rill 1969 1191AD IIJlllCIPAL CODI or '1'111 Cin C:. BICUWOOD" llOlUOUTlliD TIIIIIIW ~ IUILDI. COD& at n. ern AIID COUift'Y or DUYD ,_ riD PIIYIIftiOlf con. A1ID THE ICKaL TIAn'IC COllE POll COLOIA6o JIJlfiCIPALITDI L!B COLOIADO STATE 'l'IARIC CCift'aOL IMlfUAL A1ID ALL 0'1'110 GBlfiiAL uaoDIAlfCIS or Till CITY or ElllLIWOOD; PR06-ID1NQ POll Till IIPKAL al ALL ORDIIIAlfCIS OF A GIRIIAL AND ....... IIA'I'UII lfOI' DCUJim> TBII~VI AlfD DCin SUCB OllDDWCII PMTICUJ.AU.T IPICUIID AI P!ID PR.<It SUCH UPIAL; PllCWIDIJIJ rc. PIIMLTIU rca VIOLATICR or 'l'lll ftOVIIICial or lAID COW AIID ll'l'fUIJ fQftll or. RMLTDS ftCNim&D rc. Ilf SAID COllE; PllCJ'IIDDG rca A PUBLIC .-MDII Olf 'l'lll ADOPI'ICII or SAID CCII& Atm PIOVIDIIIJ roa 'nil IFPICTM DATE or SAID COla IE IT ~U.D IY T.-CITY COUICIL rJI or. ern or DGLIWOOD, tbat: 8!C'UCit 1. Deflaia& tbe ,._n aad •ctea of tbe wriaua dapa~twau of tbe City iDd the ecW.Diat~atioD tbenof• pnvt.cllaa f~ fue protection, police protection! public Ub~ad.ea, aacl tbe p~o­ teotiola of health aacl aaaitat on; tbe nplation of aat.ala aDd fowla, bouaiaa, aipa aad billboUcla, builcliap, el.eotiona, clia• poaal of lftMie, t~uh aad wah aale aad aae of~. padca aad ttlaJinuacla; tbe Hleatloe aad npWiOD of pen .... l; the lS...iltl aad nplatioa of -.-u illd -••••at deYic• • buildiaa aonttaet«a • food ... J..a • alcoholic ...,.~ ... • •~can• tile aatablia..._ta • health the~apy eatablle'-ata, cable tele• YiaiOD, and other tradea, occupationa aad buai.Maaea; definina and prohibitlna cenain offenMa, the replal:ion and accaptaaoe of plata ...t auWiYiaioM; tM ClOMtnetlOD ..S nplatiGD of ,Ulic ~· 1ate, acneta _. at-..1u1:r nploat:lOD of t~afft.a, ..cer _. ..,.... , aad tile aM of ; eM ~ of c ... ..a the f1ainl o::=:lt'-.... otllft PI'WlalGM of a pn• enl ..cun witllla tM c of ._lewod, aai lea fOU..ee Jurle• clietlaa, .Ull a.. ill n wltll tM c ... of "'llle 1919 I.e• Yiaed *-ielpa1 «:.-of tbe City of -~_. tbne eutifl.ecl copS.. of wldU an oa file ln the offtee of ae City Cleft, to- _... wltll all •••dfll'z _... 611y ~ ... tilcOI'Pft•tH tbaaill by nfenDM _. Mf be I.Mpaat .. 6n'lal nplar llaaS..aa boan. the aaicl ltd l.eYlHd Mlaaielpal Code of tbe Cit)' of l•le· wocl u benby adopted ..t S.ftpftatacl in tlala oril.nence u fUlly u if HC out at leaatb benin, eacl aball a.. tnatecl eacl conaldared u a new and odaina1 ca.pnbaaaiw ~•·-• -..eh aball aupe~­ aede all otbH ...-a1 aai ,.l'tl? at .nt=a ua paMd by tbe City c:oun.u, prior co~..., 11 1970, ... ~ ..... aft• the clata OD ...... thia Ol'cltu n Mall uu effleet, tile pnri.aiODa tbenof ahell be controlU.aa OD all •ttua coetai.Mcl thenin, eave and except to tbe extent tbat aay accl•MM• eaacted lletwen J~ 1, 1970r and tbe ef&ctiw clate of thia oriinaace 1a in conflict the~eVJ.th • IICl'IOI! 2. The followlaa HGOIIIIan ..... en ~ ill tile aaid ll.eYU.cl Muaicipal Code oft .. City of blleWecl, -., nlanDM: (a) The Juildilla CoM ef tbe City ... c..ty of .....,.~ • Colo~aclo, beln& Cbapte~• 4 tbroup 43, 45 tbrauah S2, aad 59, of Ordinance No. I, Se~ie• of 1969, duly a dopted bj the City Couacil I 0 ' . \ ! . 'r - • • • • of the City and County of Denver 1 Colorado 1 on tbe 17th day of January 1 1969. The eubject of aucb code 1a the raaulatlaa of the cOMtnotion, altaratlaa, 8Gri.aa. da.olition, rapair ad uH of any bulldlq or atruetun vltblD the City. (b) fin Pr ... atloD Coda, pabllabad by the AMrlc:an Inaur• anc:e Aeaociatiaa auc:c:aaeor to the Natloaal Board of fire UDder• vritare 465 California Straat, San rraacuoo California, 94104, 1965 &dlt1aa 1 toaather vltb the October 1966 Rnillaa thereto. The aubjac:t of eucb coda 11 the raaulatlaa of conditlonl buar- doue to life and property fro. fin. (c) Model Trafflo Ol'dlaaaca for Colorado Jtmloipal1t1ae publlabad lD 1966 L~~--offlolally apprOftd, adopted ad publ11W by the Colorado H~y lafaty eouaou. ltaca Capitol lulldlaa I Danwr Colorado. The eubjaot of 1ucb ~ 1a the rapla• Uon ol trafflo and nfcm:-t of the rule• of the road ad the aclalnlatratiaa of the •-. (d) State Trafflo Control Hamill adopted by the Colorado Daparc.Dt of Hlab•y•. The eubjac:t of IUCb Code 1a the ataadard utill&ad 1n ialta111aa and .. tatalalna traffic control davie:••· SEC;tlOR 3. !'be wrd Coda My ba uead u aa abbrnlation for "!'be 1969 Revlaad Municlpal Code of tbe City of &qlawocl" • ngrp 4. , . All ..... ral pn¥1aiou, tar. ,_ .... ..S upnellou uMd 1a the Coile 1 or uy ontnanca ~-the .._ • eball ba llbanlly c:outruad 1 1D order that the tc. latnt alld --taa of the City Couacll.., ba fully carried o.at. SEC'l'lOI! 5. All ordtMaeee ad parte of ordlM..,.• of a aeaeral a .. per• --.at aatun aoc ooataiaad 1D the Code are hereby rapaalad, ••· capt tbola ordlaaDCal paeead au....._..t to Jalalary 1 1 1970 1 but nela npaall aball aot ba affeotlve ad oparatlw pr1or to the affac:tiw ad oC:!~" data of the 1969 ....._. Mlaalolpal Code of the City of laa ; prori.W 1 bow .. r 1 cllat DOtblaa oontalaed benlD eball be coaetrued u u atta.pt to npaa1 or -..d aay ordt-ac• paeMd by a •ot• of the people of the City of laalawood, ._.pt iMofar u the •-•Y ba euparaede4 by or la Yiolatlon of the Cbartar of &aal.ewaod or tbe CoaltltutloD of the State of ColorMo. SIC;tlOI 6 • lotblaa oontaiaad la tbll cmllnaaca eball ba coaet'I1Md ae a Ualtatioa Oil the powr of the City CouacU to cUa&a obdoua typoaraDbical or c011p01itlaa errora 1a the Coda vlt6out cbaaa• of laaal a Ifact. S&g'lCif 7. Tba clueU1cat1aa aad arr-.a•at by o~tar 1 article aad ou.bar ayataa of eaotlODI of the Code 1 u wll u w:he aource not••• aaDOtatlona, aad other .. itortal •tter lall.._. la Mid Code, ton DO part of tbl laatalatlw tac cmlai.Md blnby; aucb laclullon 1a only for tbl ~of ooanat.oe, or'-17 an ..... - .aat aad tafcm.atlon, ad, tblnf.n1 DO t.pU.eatiOil • pneUIIptloa of a laaialatbe eoutructiaa 1a to N .... tblntn.. I 0 \ I ' , 'r • • SECTIC. 8. 'l'be 1969 RftiHd Mlla!eillal CoM of Clle C1&7 of ... lnood u pultli.8bod aball be ~-eo~ ropeftJ of clio Cley of l .. lo• wood, u .,..., ~lloroof ..a allal be OOPJT~ k ad lD be• half of ~he City of -~ ~ ~-Ci~7 C~. S!CTlCP 9. (a) '!'be City Clan aball d1atr1bu~a aucb aau of tbo Code and ••ndwm~a tbora~o u •Y be aocoaaary ~o ~-varioua do· part.nU of ~be City f• ~-offielal uoo of Ci~y offlcara, boaru ADCI o~aioaa, ad for acbap P'I90H• for aiail.ar publlcatiou of oebft oicioa. All vo~ -.•p•co4 for official uH aball .._ia Cbo pnpofty of ~-City of --~ for Cbo uaa of aueb offiolala ... CIMtiz ....... _. _. .... 11 ._ ._Ia ••1&· nat101l. 'l'be City Clerk aball ,..,. ... or c ... to 'M ,...,_..a liat of clio Ci~J offi.Mn, boari8 aad c-••at.a-. aball n• cdw for offiolal uao Mta of MU CoM, ... U.ll Cbnwpoa •· Uwr aucb aota to aucb offioora Caldna a ncoipt for aacb Ht ao •uw..-. 0.) lu......._.t to c• offootiw claco of tlal.a adiuaca, tbo C{~y Cl.ork aball keep oo baad a nu.altla ...-... of tbe Codoa bonia a-,ted tft Mlo to tM pultlio a& a ,a.-to be ... tafti.Md ~Ilia, buod aolaly .,_ ~-aoat of ,UU...tioa. (o) rna &'-to t'-ate. t11o of'-tiw dMo of ~lal.a ordtns 21 cbo Ci~7 Clnl& 1a Mn~ -.tMcUod to ...U.b _... • ..... ....._ Cbo .. u ........ IIIIDioipal c.lo ... to haw ~ •-pcill&oll u npp~, • oultotituto ..... tllentH. llo •1 .... pe Ma'Mcdpti .. to -.Ia ou:!• 1011 at a ._t to be do- taniMd" Ilia, baNd aolaly .,_ aoat of ,UUoaci.a _. baDilial ol clio .-, ... Ailll ..U auola •..UO of clio a..,lo- .aDt aaUaltle co auela eu'Mod-... u ~he .-an ._.i_. ~ b1a ... ahell ~till for e11e .... rulan of .., .-..riber to pat_: a.uu.aa • or befon the •~• of .tllaa of ~be .. ,.t · au t IUfPI-nt aball oauu aucb aubea'iboa to be dropped &a. t •UIDI liat. SICJIQI! 10. 24th ftU .n•·sno allall •n•1 aftlaetiw • clio .,._ .. , of AUIU81 1 lt70, at 12:01 A.M. S!CtlQ! 11. (1) Aay panoo .... aball riolUa arq ....,.,Uioa of tbia ordt...,.., • UJ JI&'Wia1oa of a. aodea ..._.., Mopcad, aball ba flDocl DOt .ora tbaD UOO or ~iaoaod lD tba City Jail DOC .on ~--to ... ,. • aa.au auan -... fu. _. ~. &ae~a ad ftftJ violatlea of the pnriaU. of tbU _. .. _. eball coaatic.te a Mpanto of.._. (b) 'l'llo paulUu Mt feftla iD the c• an u follow: I 0 , I ' ' • • dolla"a or illpdaccn nt tor a tan cot ......U.. clMty daya or by both auob a. ... illpria 11 t, eM 11111C of auCh fiDe or tan of eueb illpdaor-nt to rat vl.thia the dlecrui• of the -i.oipa1 J\adp. 'l'ba ._....ieiGft of one pnalty ahall 110t acua 8G7 violatioa JaR pellllt 1t to cootlalae. Uftlua otlleniM fMS.Oat .. , a .. ,_.au offnN ahall be ~cl c.-ieta4 upoa uab c1&7 ac poctlon tbHeof durin& or oa W1ch A11J violation of aay pcwialon of chia Coda or any MCOIIdal:y code adoptacl baftia oacun or coa• tilaaea. sec. 1·2·2. C:U.latlw a-diu. (a) Wheoaftr aay act • coaclitlon canatitutel a aulaaaca or prcwldu a oauao of aotlon foe iajUMtloo or other civil r ... q, the aa1cl ~diM aball 'M couiclered to be c-latlve, ADd 1a addltlon to tM pecaltlea henla• abowe prcwlclecl, Uacl aa aot1cn foe &MC-..&, '-JuaoU.•, or otbar civil r-dy My be bnuabt •aN aat auib violator. ~) 'the aua..-.18D or nwoatioa of •Y llcnM, per• lilt • or other pr1vilep conferred by ta. CltLAall DOt be ftiUclecl aa a peaa1ty for tta. purpGHI of tb Code. (c) WbiD wrk • •t1v1ty foe *i.ob a penlt or lie ..... 1a nqulncl by th1a Code or aay code acloptH herein 1a ca.- __ .. without fuat u.~ aeiluln4 ..U paniC or 1u. ... , Claa a~UW fM aball ... cloutilecl, lau& eM JN9T t of auob doublAa fee ahall aot nU... •I ,..:._ fna 6aUy ...,ly• S.. with all the ~ of tla1a Cede • 887 aocle diptec~Mnla ..-fr• AllJ oebeE pneoriMcl pecaltlea. Pa)MIIt of ~ dclluble fM 01' All'/ • ..,.w paRUa !Mnof •Y be ...,allocl., civil •tioa 1a All'/ caun of •-..cac juE• iadicU•. 'l1le ..__of •Y ponS. leal CMa the on- tin •l'llllt of aucb Clouble fee by oay officer or oaplot .. of tbo City ahall not coutltuto a wlftE or nlouo of the balallH tbonof • .... )•l•ll(a). can. lenS...; D1M1pl1DarJ Action. Aay 011ployea bwS. ,.....c atatua •J 'M cli-.aHcl, duxacl or au•.-••• by tile appolatial -..cMCi&J upoa fililll vitb tbe Board _. IU'Vial ,.. .. ur -• ., COI'CUlocl •11 ..... IHd to hll Wt laaoiD neon Oddnal UpOD tbo ..,1.,.. a witten atat• nat of till ..... f• ....aa •tloa, ~b ..... .... u nlato to the per'-a •• of .. tlea. p01'10Ca1 conduct. or aa, faoton .-.~s-•d te tile Cie7 • .... t•l-2(cl). c:.ca-•cor'a t.S.•••••· ltanbi wft-MJ ~jMC ... fon eM IW9II.ncl U• a .... bu boia IMUnd will roault ia • JC .......... of ,. . thou. ..... fee .. • .-.ley. Tb1l .-.ley lball be ou.alaUvo with all other pou1tlol ad r_.lu fR tM nforc_.t and collactlon of auab llceuo fool. Soc. 12·2·32. ltnott 8Dd S~lkl. la aclclltloa to • ill lieu of tile .Cha n• tloa or ~ltlea provlclod, lf • coatroet• faUa to e011ply with tho nqulr-ata or Cilia Cbaptor nlatilla to conento work, ::'J!'-::1 ~:'.:',. ':1t~JUu'-tft:' tt'~,:~l uaunaoo u naol,.. &Mt ta.n will '-...,1'-o llenwiCia. he. 13•3•6. UUUCJ IIUlMII ta. If •Y utlUC, ... lMM n oacu-a-aa.tMC to tM provlalone of tbll Chaptor aball fall to pay t&o tu iapoHcl I 0 I I I ' • I -~-- / I "' I l • • =t~ji ll ~ ii!iill ii(tJ~ •ir ~ ~:IJt:~= ~ tJ•r rt:s;t~r :strta:rt( i!tJtrr~ i;ii!t. !i! · ~~,!~~&1 · t(!;~ ' ~~~~"~lt(; ' (ttrl!~lffi ~ ;e~~~~~'lt r 1..... ...... "e: lill r "= 5: 1;1 .r l -= r; . ·n~~~ ... r:~ r; il~c:.. t ~~:-a" fij l('"ri I ~.!(': t ~=~~ i :1 t f i 11 (rf~1 t if-fr.f"fof ~r !I~ r:l lJr·~~~: }fl·r= ~ ~ •• t il: ~ -~=~~~ttJ: ~ 1':1'[1"1~~ li~ ~"" 'is r lri ::: s ra.=-fi-"' l:'ltrol 11~ (n• II !ti~ii -~ iliiie) r: il~ i l~:lit=.fi i I l.!i.•~=-~ i . ~ .. , ... r r•F"rl 1 ~~ l(il ~... ~~~~~ ~ (I~E"f&! I :h 111! :lillrf .. . i•"al =i"f~lft 1rtf · ~1 rr ... 11·f~i l rtp l.! E I 1JS1.t5!r. "li·i i r~ .. '~" • l :. i tlrtlilr 1 r .1 ~8 r ~~ ~~~· !i ~~!J 1 il Jift~ i~(t~l!~ p ll~is~~ii~ p i~:tf5 !i! iil(Jri 11 rJ==JiJt ·tJ'il rs:rli~~~~ ,fJ,.~: .. ,~: ·Jia~l.,f• •a •i rl _,.Jif i ~~-~ .r• a ·~ a ~'C 1.. ...a~ · 3 11 r • .. ~~ ff I 1 ~"' ,.oc 1. ~1~;-tl 1..... ~·· -· n~ -·-·-·· n i " "1-i ~ ~ a -~ ~ ... l•r~l wrw fi" lilfii1 .l ·~~,~is: ~= ' ! l"P's:-;:. r ~~ ic ~-~ ~~~' ~ ~~ r ~"' -=-c •: •• r. "'f • r I 3 r ... I Q • ~I rl~Q I i I 1 fT'I cr i I ~ -~· I ;1 .. " ~ I • • • • '\ l • • Ho offeuo a-s.tced ..a ao liability, ,..alty ac tortelCU'i"o, cinlly or criaiDally 1MunH clac to tM t ....... .., ...:b ordf.DeDM « ~rt tbenof aball repealed • 1a UJ •r..:~•red by tlw prcwlalou of tbla orilaaace 01' the 1969 loftu.l lpal Code of tbe Clty of ... lewod, alaall be •iMIIaqed _. affeoted bJ aucb repeal or a1c.a&ioa; but, proaecutlona aDd auita for auch offenaea, liabiliti.ea, pooaltioa or fOI'faiturea aball be 1ut1tutod aDd proceeded w1tb 1a all napjcaca aa if aueb priR ordS.MDCo 01' part tbereof bad DOt ben re,eaW or altencl. (b) Any aoaoral or apeclal ordiUDCo, nao1utloa or .. uaa bentofore pa .. od, adopted aDd .ado valldatlna, ratifylna or loaaU.aiDa tba acta or oaiadoaa of any officer or validatlq •Y or~u ....... , •t • pr:llaaedi"l ~~ •t all ftlU.tt• ac lo• p11aial .. c. of ODd bJ tbe CltJ c-u -.caoe,.r: _. Dev ta fono an ber:obJ aoots.-d 1a for:oe. (c) Any orcUvcn nlattaa to tbe pullllia debt or tbe publlc ancllt or aay •r•atioa of tar:ito~. (d) Any or:diaanao rolatial to a contract to 11b1ch the City of lqlawood, Colorado 1a a party or to any contract .ada for ltl --flt. (o) ACJ or:dinOMO 1 ftMluta... H .OClea ....... appnpri.a• tt• of publla tu•. (f) Any or:diunao lewylllla a,..lal beMfit ..... ~or onatilla a U.oa ad debt ...... , aa, ,upa&J aia.ato within tile City of ••lewocl• Coler:oda ad Ulpc....S b7 tM opeaba, •••iai_, ac ... ioc or ...S.. of .., ecr:oet ol' pullllia c-.ol'oup• fan wltnia tbe aaid ClCJ of a .. J.neod .-/• &M U.talletlon of piCOI'I • cnar'bl, aui'INialkl • ddewalU aU. Hid etr:ootl ol' tbftOU&bfafta. (I) Ai!ordinanco or nao1ution &l'aatiDI any fraacbiae, 11c .... , r t or revocable peni.t to any ponoo, fin or cor• poratt.a b franchi.M, 1leaaM, r:tal* • l'ftOUIIllo pol'lllt ... larh, 1a for:oa .. diNt ... tbe .. ta of tbe offacct.w dala o tbe 1969 levi.Md ....Ui,-1 CeM of Clle CltJ of ... le• ...a; it Mtaa tile oapcoaa ialaa ... .,...... of Cbo City CouaaU of eM City of ... lewoll CUI ft'OI'J auall h'MCII&M u ...... , l'ialle 01' nwaallllo ponte ellall ..,s.n aa •&a!M1l7 ~ -, Clle .-.s.nacao or roaolutlon ar:oatlaa tbe .-waleae aooaor: tor:• alaatod by tho Council, aattaa uadar: and punuaat to tbe Qartor: of tbe Clty of ... ,...... (b) A., oriiM111 • .... liltS. .......... • ~­ tbe ,.,_. of ~ '-Y tM City • edMcia-tbe s.a--.e led Hlo of Gener:al ObliaaU• • .. , ........ -, tile City. (1) Any adain11tr:at1vo oriiunco or: roeolutloa of tbe City Council not ia c•flt.et ft laoOMlatoat wltll tile pccwlllolll of tbe lH9 bY1Mcl IMlielpal Code of tM CltJ of lllllewM. (J) AnJ or:dt ...... pl'.,..illl fft a .. •Itt,. tile auual tea lny ln ad for tbe City of ... l.ewod, Col ..... (k) Any or:dlaaaae or: ruolutlon oata~lllllial fool for buildlna penitl and laa,..ts.o.. 0 (l) Any ord1aaaco or roaolution oatablllblDI tho ..aunt of Mad to bo poatod by City off1clall. (•) Any or:dtnanoo or: ••olntl• rolatial to ella HladM of City offiaor:a 01' ..,loJOOI. ... I· • . ' ·' I ! ' ' 'r • • SICillCII p. 'l'bat pura...at to, 8Dd 1D oa.pUenc:e vi~b, ~ptu 139, Afti.ele 34 lectloa J of Oolando a.ried Ianna 1Ml u -•1111!;\MI• • City Cleft of tbe City of la&lMmocl 1e benby autbol'• iMd dincted to pubU.ab ..-1oe of a public beulaa on tbe aclopti.Ga A1llll ...a-..& et eM U69 ...,lMd ~ipal Code of ~ ~:y.:.l==i::. :.c--=:c\ :cs lsr.;!~t 0~06o~:.::"=- Stetu ... lMl, ..U ia .._ilia coM beld :I.D the C..CU Cllo..e '1r1 1 City Ball, of l,lewod, Ara,.._ Coullty, Colorado, at 8:00 o'clOCk p.a. on JUly , 1910. IICIIO! 16. (a) At frequent :I.Dtenala after tbe apprcwal of tbie ordia- aace, all or4UaDcaa of a .-.-al aad ~==•at natun ,.. ... -:«..:r:rd durin& the pnoedl ... periOd ...u be n.1Md. ft• r aDd prapana for pubU..Cloo ln t'-fom of lOOHleaf aup- P~~, nprlntiq tile,.. or pqe1 of tile Code aft.cted, n• lloriJI& ua -•dad or obaol,jta proddona ad inafttba tbe.., pnriaiou. (b) Arq ad all ..Utlau or •••« ate to tile CcMia._ .._n pUMd 1a IIUCh fom u to ladUata tbe lateatioD of tba Cuy Council to ..U tba ._ a ~ tbenof, 1ball ba d•••d to ba lao..,..W Ia 1M Code eo tlaat nfenoca to tba "1969 18vlaad tt.aaiclpal Coda of the City of lltalawod" 1ball ba UDder1tood ad intended to lacluda aucb iadditiOM ad • t.ata. (c) Ia oaM of eM ot ~ IIICi.oa oft ... Celie M 1llaiela a .... 1&7 1e-~ I:M ••••ul ,..Ut)' .. ,.., ..... 1a Section 1·2•1 of 1uch eoe. 1'-11 apply to tba Mctlon aa ~d i or in cub auab ••••••at coatalu proviaioDI for wblcb a penalty, ~ber tbaa tba afBJ DtlODed .-cal penalty, 1e pn- Yidecl :I.D ~bar HOti.Ga 1a tbe ._ obaptft', tbe ,_.lty 10 pn- vi.dad ill aueb o&bal' ... ct..-allall M bald to nlate to tile NO• tioa ao Jadad, ualua ... b ,_.ley i.e l,..l.ft..ally npaaled tbanln. SECTloti 17. A c:opy of aucb Code aball ba upt oa file :I.D tM office of the City Clel'k, pnaen.d in looMluf fODa, or :I.D auab o&bal' ·7· I· • , I I ! ' 'f - - • Read by tlcle ad puHCI • fi.Ml n.,t,. • ca. 41117 of -----• 1970. - Pultuabed by Citle u OCdiDMM!e lo. ____ , Sed ... of 1970, on tbl day of , 1970. tlij tiifr-WiiiUI'ii 1 Stephen A. Ly•, do benby certify tbac clle aboft aad fonaolai la a t~~a;OUZ'aCe aad ca.plece • .., of • OCdlaaaoe puHd • flaal c ... publlabed by ClCle aa OCdiaance lo. -----• Sed .. o 1970. l r ·. , ·' I I •. I . ' • 0 - • • INTRODUCED AS A BILL BY COUIICILIWt:ny~ A BILL FOR ,fill ?I') '70 CO U N ~I!. 1 · ·-· , : • :; riLE AN ORDINANCE REPEALING SECTIONS ~TY~F ~~·~.~ MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE SALE OF FERMENTED MALT BEVERAGES NEAR SCHOOLS. WHEREAS, by decision of the District Court of Arapahoe County, State of Colorado in re: Leslie E. Howe dba Sport Bowl vs. City of Englewood, Case No. 28145, the District Court re- viewed the within pertinent sections of the Englewood Municipal Code; and WHEREAS, on the 17th day of June, 1970, the Court made Find- ings of Fact, Conclusions of Law, and entered Judgment thereon; and WHEREAS, in said Judgment the Court stated that provisions dealing with the prohibition of the issuance of a license for the sale of 3.2 beer at retail in any location within five hundred (500) feet of a public or parochial school is not a proper, regu- latory measure, wherein the State Statute pertaining thereto being Chapter 75, Article I, CRS '63 as amended, does not contain such a prohibition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Section 17.1-1 entitled, Sales Near Schools, of the Municipal Code of the City of Englewood, Colorado be and the same hereby is repealed. Section 2. That Section 19.5-9 entitled, Unlawful to Sell Liquor Near Schools, of the Municipal Code of the City of Engle- wood, Colorado be and the same hereby is repealed. Introduced, read in full and passed on first reading on the ______ d.ay of , 1970. Published as a Bill for an Ordinance on the _____ day of ------· 1970. Mayor ATTEST: ex officio City Clerk I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance introduced, read in full and passed on first reading on the day of , 1970 ex officio City Clerk • • I -11'-• --~- A BILL FOR AN ORDINANCE REPEALING SECTIONS 17.1-1 AND 19.5-9 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE SALE OF FERMENTED MALT BEVERAGES NEAR SCHOOLS. WHEREAS, by decision of the District Court of Arapahoe County, State of Colorado in re: Leslie E. Howe dba Sport Bowl vs. City of Englewood, Case No. 28145, the District Court re- viewed the within pertinent sections of the Englewood Municipal Code; and WHEREAS, on the 17th day of June, 1970, the Court made Find- ings of Fact, Conclusions of Law, and entered Judgment thereon; and WHEREAS, in said Judgment the Court stated that provisions dealing with the prohibition of the issuance of a license for the sale of 3.2 beer at retail in any location within five hundred (500) feet of a public or parochial school is not a proper, regu- latory measure, wherein the State Statute pertaining thereto being Chapter 75, Article I, CRS '63 as amended, does not contain such a prohibition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOD, COLORADO: Section 1. That Section 17.1-1 entitled, Sales Near Schools, of the Municipal Code of the City of Englewood, Colorado be and the same hereby is repealed. Section 2. That Section 19.5-9 entitled, Unlawful to Sell Liquor Near Schools, of the Municipal Code of the City of Engle- wood, Colorado be and the same hereby is repealed. Introduced, read in full and passed on first reading on the ___________ day of , 1970. Published as a Bill for an Ordinance on the -------------· 1970. ATTEST: ex officio City Clerk _____ ....;day of Mayor I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance introduced, read in full and passed on first reading on the day of , 1970 ex officio City Clerk ·., I . • ·' , -• oFFl c rA cPu~ ·coUNCil .. 0 ~ p<"-""•IN. INTRODUCED AS A BILL BY COUNCILMAN.--~,~~.A..t:;,..,,.'J""" . ...:~~£"'=~;.._ __ ,-'.,,_2'-"'..._, ..:.'7,.:;:;0 __ ~G f'I Li:: COUNCI'L ,t '"' . : ~. GeU1. A BILL FOR c;d'4 O li' e:~Ji..W , AN ORDINANCE REPEALING SECTIONS 17.1-1 AND 19.5-9 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE SALE OF FERMENTED MALT BEVERAGES NEAR SCHOOLS. WHEREAS, by decision of the District Court of Arapahoe County, State of Colorado in re: Leslie E. Howe dba Sport Bowl vs. City of Englewood, Case No. 28145, the District Court re- viewed the within pertinent sections of the Englewood Municipal Code; and WHEREAS, on the 17th day of June, 1970, the Court made Find- ings of Fact, Conclusions of Law, and entered Judgment thereon; and WHEREAS, in said Judgment the Court stated that provisions dealing with the prohibition of the issuance of a license for the sale of 3.2 beer at retail in any location within five hundred (500) feet of a public or parochial school is not a proper, regu- latory measure, wherein the State Statute pertaining thereto being Chapter 75, Article I, CRS '63 as amended, does not contain such a prohibition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Section 17.1-1 entitled, Sales Near Schools, of the Municipal Code of the City of Englewood, Colorado be and the same hereby is repealed. Section 2. That Section 19.5-9 entitled, Unlawful to Sell Liquor Near Schools, of the Municipal Code of the City of Engle- wood, Colorado be and the same hereby is repealed. Introduced, read in full and passed on first reading on the --------~day of , 1970. Published as a Bill for an Ordinance on the -------------------------· 1970. ATTEST: e x officio City Clerk _____ .day of Mayor I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance introduced, read in full and passed on first reading on the day of , 1970 ex officio City Clerk I· • •' . ' ' -• /../ • Or,~l C I P.. C ,.,.,.. INTRODUCED AS A BILL BY COUNCILMAN __ ~~~-~~,~«~<~~~~ .. ~~~~.o~~p~c~u~M~~~~"--~i-, _1 unr. o A BILL FOR ,1111 ?0 '70 U C I L MCE.TI•-IG Fll..~ AN ORDINANCE REPEALING SECTIONS 17.1-1 AND ~~£SL.l1f10~e~AL CODE OF THE CITY OF ENGLEWOOD, COLORADO PE~AiNING TO THE SALE OF FERMENTED MALT BEVERAGES NEAR SCHOOLS. WHEREAS, by decision of the District Court of Arapahoe County, State of Colorado in re: Leslie E. Howe dba Sport Bowl vs. City of Englewood, Case No. 28145, the District Court re- viewed the within pertinent sections of the Englewood Municipal Code; and WHEREAS, on the 17th day of June, 1970, the Court made Find- ings of Fact, Conclusions of Law, and entered Judgment thereon; and WHEREAS, in said Judgment the Court stated that provisions dealing with the prohibition of the issuance of a license for the sale of 3.2 beer at retail in any location within five hundred (500) feet of a public or parochial school is not a proper, regu- latory measure, wherein the State Statute pertaining thereto being Chapter 75, Article I, CRS '63 as amended, does not contain such a prohibition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Section 17.1-1 entitled, Sales Near Schools, of the Municipal Code of the City of Englewood, Colorado be and the same hereby is repealed. Section 2. That Section 19.5-9 entitled, Unlawful to Sell Liquor Near Schools, of the Municipal Code of the City of Engle- wood, Colorado be and the same hereby is repealed. Introduced, read in full and passed on first reading on the ______ d.ay of , 1970 . Published as a Bill for an Ordinance on the ----------' 1970. ATTEST: ex officio City Clerk ______ day of Mayor I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance introduced, read in full and passed on first reading on the day of , 1970 ex officio City Clerk I . • 0 ·' . , f - • • • • INTRODUCED AS A BILL BY COUNCILMAN __________________________ ___ A BILL FOR AN ORDINANCE ESTABLISHING GENERAL EXCEPTIONS FROM THE REQUIRE- MENT FOR SEALED COMPETITIVE BIDS FOR PURCHASES OF SUPPLIES, MATERIALS, OR EQUIPMENT IN EXCESS OF ONE THOUSAND DOLLARS ($1,000.00). WHEREAS, Section 113, Part IV, Article ~X of the Charter of the City of Englewood requires that the purchasing officer of the City give ample opportunity for sealed, competitive bidding in the purchase of any supplies, materials, or equip- ment in excess of One Thousand Dollars ($1,000.00), but authorizes City Council, by ordinance, to make general ex- ceptions to this requirement; and WHEREAS, City Council has determined that in certain in- stances hereinafter enumerated, the requirement for competitive bidding is unnecessary and that it would be in the best interest of the City to waive the requirement for such bidding in those instances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That a new section, Section 5.3 of Chapter 5 of the Municipal Code of the City of Englewood entitled, Pur- chases, be and the same is hereby enacted as follows: ------ Section 5.3 -Purchases -Exceptions From Sealed Competitive Bidding The City Council hereby grants to the City Manager of the City of Englewood and any of his designees as a purchasing officer of the City of Englewood, the authority to purchase supplies, materials, and equipment in excess .of One Thousand Dollars ($1,000.00), upon the open market or through negotiations and without receiving sealed, competitive bids therefor, in the following situations and subject to the following conditions, providing that none of auch purc~ahall •;";;de:""~'"'• OoUHj s;;,. ...4... ·, -(SVL 99fr e~_, -.-:QJS, &f>~aea . ../.,_:~ ~~ ~q,ooa .• •") ........ ~~~ ~ ~~a. n the purchase of water meters, fire hydrants, gate valves and fire hose, providing notice is given to all firms within the City of Englewood offering the identical items for sale and each is given the opportunity to give informal price quotations for the purchase; b. In the purchase of sand-gravel aggregate and asphaltic materials to be used for street fill, repair and maintenance, provided that all such pur- chases shall be based upon a unit quantity basis; ' , .. I . • f 32xl .• I ! . ,., - • • c. In the purchase of special devices, and machine repair parts for both moving and stationary mechanical devices, providing the same are avail- able only from one source, and no other generally similar device is available from another source; d. In the purchase of replacement parts and equipment, when furnished as a part of a repair service to equipment owned or leased by the City. e. In the purchase of technical signal equip- ment, as follows: controllers and cabinets, fire line preemptors, responders, loop detectors, am- plifiers, and pedestrian timers; f. In the purchase of signal heads with accessories and mast arms. g. In the purchase of police revolvers; h. In the rental of equipment and machinery provided that the period of rental is for an in- determinate time and the rental fee is negotiated upon a unit of time basis. Section 5.3-1 Nothing herein shall be construed to prohibit the purchasing officer from calling for sealed, competitive bidding upon any purchase of supplies, materials and equipment in any case where the City Manager determines it advisable to do so, the sole intent of this section being to dispense with the necessity therefor, at the option of said City Manager or the purchasing officer, in the purchase of those items described in Section 5.3 hereof. In all cases where purchases are made without calling for sealed competi- tive bidding, the purchasing officer shall utilize such means of purchasing the items involved as he believes will assure that the prices paid by the City do not exceed the reasonable market values of the supplies, materials, or equipment so purchased. Section 2. That Ordinance No. 31, Series of 1967 is specific- ally repealed hereby and all ordinances in conflict herewith are expressly repealed. Introduced, read tn full and passed on first reading on the ----------~day of , 1970. Published as a Bill for an Ordinance on the -----------------· 1970. ______ d.ay of Mayor ATTEST: ex officio City Clerk -2- •. I . • 0 . , .· , l • I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance introduced, read in full and passed on first reading on the day of , 1970. ex officio City Clerk -3- . ' • I . • 0 . , ' 719-192! Off leo 11 • HAYDN A. SWEARINGEN ATTORNEY AT LAW ~.--. :x.as ... -..... ENGLEWOOD, COLORADO 80110 Suite 211-213 3385 So. Bannock St. July 15, 1970. The Honorable Elmer E. Schwab Members of the City Council City Hall 3400 So. Elati Street Englewood, Colorado 80110 Gentlemen: 781 -UA9 Rcsidct ncc The North American Judges Association, of which I am a member, will have a seminar on judicial education at the University of Alabama, August 16-28, 1970, inclusive. This program will be strictly one of education and I believe it would be most beneficial, not only for me as municipal judge, but also for the Court, for me to attend this seminar. The cost of attending said seminar Round trip by air Single room and Meals for 12 days Registration fee would be as follows: $178.00 132.00 75.00 $385.00 7 As I should like to confirm my reservation at said seminar as soon as poasible 1 I respectfully request the council to ap- prove the sum of $3~5.00 for above stated cost. Very truly yours, HAS:ss I· • 0 .. , ·. ·' I I I f • >· • INTRODUCED AS A BILL BY COUNCILMAN. __________________________ ___ A BILL FOR AN ORDINANCE ESTABLISHING GENERAL EXCEPTIONS FROM THE REQUIRE- MENT FOR SEALED COMPETITIVE BIDS FOR PURCHASES OF SUPPLIES, MATERIALS, OR EQUIPMENT IN EXCESS OF ONE THOUSAND DOLLARS ($1,000.00). WHEREAS, Section 113, Part IV, Article ~X of the Charter of the City of Englewood requires that the purchasing officer of the City give ample opportunity for sealed, competitive bidding 1n the purchase of any supplies, materials, or equip- ment in excess of One Thousand Dollars ($1,000.00), but authorizes City Council, by ordinance, to make general ex- ceptions to this requirement; and WHEREAS, City Council has determined that in certain in- stances hereinafter enumerated, the requirement for competitive bidding is unnecessary and that it would be in the best interest of the City to waive the requirement for such bidding in those instances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That a new section, Section 5.3 of Chapter 5 of the Municipal Code of the City of Englewood entitled, Pur- chases, be and the same is hereby enacted as follows: ----- Section 5.3 -Purchases -Exceptions From Sealed Competitive Bidding The City Council hereby grants to the City Manager of the City of Englewood and any of his designees as a purchasing officer of the City of Englewood, the authority to purchase supplies, materials, and equipment in excess of One Thousand Dollars ($1,000.00), upon the open market or through negotiations and without receiving sealed, competitive bids therefor, in the following situations and subject to the following conditions, providing that none ,_ of such purch~:~;:: )'~~~~ = -j (-$19 999 ~~"' ~~~---~~ -~e,. •"' . ~ '741 , .f'..O. l-6/0,tH><J ,c>cJ.) ·~.,.1 ' ~ ~ =----' ,..:;/.:; t:~ ~ . . 7 -~ ~~ /' a.· In the purchase of water meters, fire hydrants, gate valves and fire hose, providing notice is given to all firms within the City of Englewood offering the identical items for sale and each is given the opportunity to give informal price quotations for the purchase; b. In the purchase of sand-gravel aggregate and asphaltic materials to be used for street fill, repair and maintenance, provided that all such pur- chases shall be based upon a unit quantity basis; ·. . , . ( I . • 0 f • c. In the purchase of special devices, and machine repair parts for both moving and .stationary mechanical devices, providing the same are avail- able only from one source, and no other generally similar device is available from another source; d. In the purchase of replacement parts and equipment, when furnished as a part of a repair service to equipment owned or leased by the City. e. In the purchase of technical signal equip- ment, as follows: controllers and cabinets, fire line preemptors, responders, loop detectors, am- plifiers, and pedestrian timers; f. In the purchase of signal heads with accessories and mast arms. g. In the purchase of police revolvers; h. In the rental of equipment and machinery provided that the period of rental is for an in- determinate time and the rental fee is negotiated upon a unit of time basis. Section 5.3-1 Nothing herein shall be construed to prohibit the purchasing officer from calling for sealed, competitive bidding upon any purchase of supplies, materials and equipment in any case where the City Manager determines it advisable to do so, the sole intent of this section being to dispense with.the necessity therefor, at the option of said City Manager or the purchasing officer, in the purchase of those items described in Section 5.3 hereof. In all cases where purchases are made without calling for sealed competi- tive bidding, the purchasing officer shall utilize such means of purchasing the items involved as he believes will assure that the prices paid by the City do not exceed the reasonable market values of the supplies, materials, or equipment so purchased. Section 2. That Ordinance No. 31, Series of 1967 is specific- ally repealed hereby apd all ordinances in conflict herewith are expressly repealed. Introduced, read in full and passed on first reading on the ___________ day of , 1970. Published as a Bill for an Ordinance on the -----------------· 1970. ----------·day of Mayor ATTEST: ex officio City Clerk -2- ·. , I . • ·' , ..... • I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance introduced, read in full and passed on first reading on the day of , 1970. ex officio City Clerk -3-I . • . , , 2X ]- • INTRODUCED AS A BILL BY COUNCILMAN r: fil-E A BILL FOR · · '' _. ot-0 co'-'' <-\,.. ~;Ewooo . c ctTY. oF EfoO AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70; ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS . WHEREAS, the City Council of the City of Englewood , Colo- rado , pursuant to the Charter and Ordinance No . 14 , Series of 1964, of said City and the Laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Sidewalk Improvement District No . 70, in said City, and the construction therein of sidewalk improvements, as described herein; and WHEREAS, the City Council has heretofore directed the Director of Public Works to prepare plans , specifications, maps and schedules in accordance with said laws; and WHEREAS, the Director of Public Works has prepared all the maps and certificates of his survey, as well as schedules, plans, spec~fi~ations, approximations of cost, and all other matters and things in complete form and substance as required by law; and WHEREAS, the said maps and certificates of his survey, as well as schedules, plans , specifications , approximations of cost, and all other matters are hereby approved and adopted by the City Council; and WHEREAS, Notice of a public hearing concerning the crea- tion of the District and the construction of the improvements therein and upon this ordinance has been published once a week for three weeks in the Englewood Herald , a newspaper of general circulation in the City, and , in addition , a copy of the Notice has been mailed, postage prepaid, to each known owner of real property within the proposed District; and WHEREAS, at the time and place specified in said Notice, the City Council met in open session for the purpose of hear- ing any objections or protests that might be made against said improvements; and WHEREAS, all objections and complaints having been duly heard and considered , the Council has determined that such objections should be denied except as this ordinance has accepted them and incorporated herein changes in said District based upon said objections . NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows : Section 1. Sidewalk Improvement District No . 70 is hereby created and the improvements hereinafter described, consisting of certain sidewalk 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 'I I • • ·' f 1- • • • • specially benefited and as more p art icularly set forth in the Notice of Hearing as prov ided by a Resolution of the City Council passed and adopted o n the 15 t h day of June , 1970 . The kind of improvements and the s i dewalks on which such improve- ments shall be as follows : 1 . Necessary installation , removal and replacement of concrete sidewalks , curb and gutter, together with the appurtenances and incidentals, in the City's right-of-way contiguous to the following properties . LOCATION LOTS BLOCK SUBDIVISION 3100 South Acoma 1-24 1 Bee 's Addition 25-48 2 Bee's Addition 3100 South Bannock 1-24 2 Bee 's Addition 25-48 3 Bee's Addition 3200 South Bannock 1-12 3 s. G. Hamlins Broadway Addition 13-24 2 s. G . Hamlins Broadway Addition 14-26 Abbott's Subdivision 2nd Filing 3200 South Cherokee 1-12 2 s. G. Hamilns Broadway Addition 1-13 Abbott's Subdivision 2nd Filing 13-24 1 s. G. Hamlins Broadway Addi Uon 14-26 1 Park Addition Seven unplatted pieces of property as follows : Ei St St NEt SWt of Sec . 34-4-68 Desc. as fol: Beg . at pt . 50 ft . S. of intersection of N . line of E! Si Sf NEt SWt Sec. 34 with E . lineS . Bannock St.; th. S . along E. line S. Bannock St . 100ft ., m/1 ; th. E . 133ft .; tb . N. 100ft . m/1; th. W. 133 ft mi l to pob . Part of Ei Si S} NEl SWt Sec . 34-4-68 desc . as fol: Beg . at pt. on E. lineS . Bannock St . which is 140ft . S. of N. line El st sl NEt swt; th. E II to said N. line 133ft.; th. S II to E. line of S. Bannock St . 101ft. mil to pt. 91 ft . N. of s . line of said El st st NEt swt; th. w. II to said S. line a distance of 133 ft . mil to E. lineS. Bannock St.; th. N . along E . line S. Bannock St. 101 ft . m/1 to pob. Part of Ei st St NEt SWt Sec. 34-4-68 desc. as fol: Beg. at pt. which is 15 ft . E . of SEcor . wt st st NEt swt said Sec . 34; th . proceeding E . 46 .58 ft . to pt .; th. N 91 f t .; th . W. 46.58 ft .; th . S . 91ft. to pob. Part E! st S! NEt SWf Sec . 34-4-68 desc. as fol: Beg. at pt. 95ft. S. of intersection of N . line of El st st NEt SWt Sec . 34 with E. line of S . Bannock St.; th. S . along E. line of S. Bannock St. 45ft .; th . E . 133ft.; th. N. 45 ft.; th. w. 133 Ft . to pob . Part in El St 8~ NEt SWf of Sec. 34-4-68 desc. as fol: Beg . at pt . 50 ft . S. of intersection of theN . line of page 2 0. , I . • ·. ·' \ ! I "!' - • • • • E~ S~ S~ NEt SWt o f sa1d S ec. 34 wi th E . line of S . Bannock St .; th . S . alon g E . l 1 n e o f S . Ba nn ock St . 45 ft . m/1 ; th. E . 133 ft . m/1 , th . N . 45 f t m/1 ; th . W. 133 ft . m/1 to pob . Pa r t E~ S~ S! NEt SWt S ec . 34 -4-68 d esc . as fol : Be~. at pt . 133 ft . E . of intersection of N . l i ne of Ei S! St NEt SW! Sec . 34 with E . line of S . Bannock St.; th . S . 50 ft . t o a pt ; th . due W. // to S . line NEt SWt Sec . 34 to E . l i neS. Ba nnock St .; th. N . along E . lineS . Bannock St. 50 ft .; t h . E . 133ft . along N . line E~ SiS~ Nit SWt Se c. 34 to pob Pa r t SWt Sec . 34-4-68 desc . as fol . Beg . at pt . 380ft . W. and 138 f t . S . of NE cor . of SEt of SWi of Sec . 34 ; t h . N . 198 f t .; th . W. 132 .5 ft .; th . N 31ft .; th. W. 86 f t .; th . S . 91ft . toN . line SEt SWt Sec . 34 ; th . W. a long N . line of SEt of SWt of said Sec . 34 , 46 .75 ft . to E . line of strip of land conveyed by Miller's Super Markets, Inc . to City of Englewood ; th. S . along E . line of said strip conveyed by Miller's Super Markets , Inc . to City of Englewood 138ft .; th. E. along N . line of W. Greenwood Ave. 265 ft . to pob . Section 3 . Said District shall be known as the saae is hereby designated "Sidewalk Improvement District No . 70", in Englewood, Colorado. Section 4 . The construction of said sidewalk iaproveaents in and for said District , as shown by the plans , specifications and maps thereof , prepared by the Director of Public Works and approved by the City Council of the City ~ Englewood and now on file in the oftice of the Director of Public Works , be and the same is hereby au t hor i zed and ordered , the material to be used with such miJ)s , plans and specifications . Sect i on 5 . Th e e s timated total cost of s a i d improvements is $15 ,888 . 50 ; ii. is proposed that the City of Englewood will pay approximately $4 ,456 .66 toward the total cost of said im- provements . The balance of the total probable cost (being approximately $11 ,431 .84) is to be paid by special assessments to be levied upon each parcel of the real property hereinabove described . The approximate share of the total cost to be assessed per front foot upon any lot or tract of land fronting or abutting on said improvements is set forth in the Notice of Hearing, as provided by a Resolution adopted and passed by the City Council on the 15th day of June ,and is : Vertical curb and gutter 3 .54 per lin. ft. Sidewalk (4" thick) .87 per sq. ft. Driveway (6" thick) 1.11 per sq . ft. Removal of old sidewalks . 26 per sq . ft . Re moval of old vertical c urb and gu tt er . 87 per lin . ft . Saw co n crete 2 .76 per lin . ft . Section 6 . All ass essme nts lev i ed against the aforesaid pa rce l s of real property wi l l b e due and payable , without d e mand , within thirty days from and after the final publications of an o r dinance assessing the cos t s o f said improvements against the r eal proper t y in the dist r ic t . In c ase of any owner of r eal property shall fail to pay whole o f such assessment against his prope rty within said th irt y days , then , the pro rata cost of said improvements so asses s ed against hls property , together wit h interes t at the rate of 7% per annum on any unpaid balance, s hall be payable in five equal annual installments . The first page 3 •· ' r '! I • • ' .... • • • • of such installments of principal and interest sha ~l be due and payable at such t ime as may be determined in and by the asses- sing ordinance , and the remainder of sa1d installments shall be due and payable successively on the same day of each year thereafter , until all are paid in full . Section 7 . The Mayor and Director of Finance are hereby authorized to advertise for bids to construct such improve- ments in three (3) consecutive weekly issues of the Englewood Herald , a newspaper of general circulation published in the City of Englewood , which advertisements may run concurrently with the publication of this Ordinance . Section 8. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole . Section 9. All ordinances, or parts thereof in conflict herewith are hereby repealed. This Ordinance, after its final passage, shall be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor and Director of Finance, shall be published in said City. Introduced, read in full and passed on first reading on the day of July , 1970 . Published as a Bill for an Ordinance on the day of July, 1970. --------- layor Attest: IX officio city clerk-Treasurer I, Stephen A . Lyon, do hereby certify that the above and foregoin~ is a true , accurate and coaplete copy of a Bill fOr an Ordinance introduced , real in full and passed on first read- ing on the day of July 1970 . IX officio city clerk-Treasurer I • • ·' ____ ·_·'---~~~--'32 x l - • • INTRODUCED AS A BILL BY COUNCILMAN _______ ·~~-C{--~~(~L>~----------- A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70 ; ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS . WHEREAS, the City Council of the City of Englewood, Colo- rado , pursuant to the Charter and Ordinance No . 14 , Series of 1964 , of said City and the Laws of the State of Colorado, hereby finds and det e rmines that there exists a necessity for the creation of Sidewalk Improvement District No . 70, in said City , and the construction therein of sidewalk improvements, as described herein ; and WHEREAS, the City Council has heretofore directed the Director of Public Works to prepare pl n ns , specifications, maps and schedules in accordance with said laws ; and WHEREAS, the Director of Public Works has prepared all the maps and certificates of his survey , as well as schedules, plans , spec~fi~ations , approximations of cost , and all other matters and things in complete form and substance as required by law ; and WHEREAS, the said maps and certificates of his survey, as well as schedules , plans , specifications , approximations of cost , and all other matters are hereby approved and adopted by the City Council ; and WHEREAS, Notice of a public hearing concern~ng the crea- tion of the District and the construction of the improvements therein and upon this ordinance has been published once a week for three weeks in the Englewood Herald, a newspaper of general circulation in the City, and, in addition , a copy of the Notice has been mailed , postage prepaid , to each known owner of real property within the proposed District; and WHEREAS, at the time and place specified in said Notice, the City Council met in open session for the purpose of hear- ing any objections or protests that might be made against said improvements ; and WHEREAS, all objections and complaints having been duly heard and considered , the Council has determined that such objections should be denied except as this ordinance has accepted them and incorporated herein changes in said District based upon said obj ec tions . NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, as follows: Section 1 . Sidewalk Improvement District No . 70 is hereby created and the improvements hereinafter described , consisting of certain sidewalk improvements , are duly ordered after Notice duly given and He aring duly held , all as required by law. Section 2. The extent of the District to be assessed for t h e cost of the improvements shall be all the real property ... ,._ I • • •' I ! I 'r -• specially benefited and as more particularly set forth in the Notice of Hearing as prov1ded by a Resolution of the City Counc1l pass e d and adopted on the 15th day of June, 1970 . The kind of improvements and the sidewalks on which such improve- ments shall be as follows : 1 . Necessary installation , removal and replacement of concrete sidewalks , curb and gutter, together with the appurtenances and incidentals, in the City's right-of-way contiguous to the following properties . LOCATION LOTS BLOCK SUBDIVISION 3100 South Acoma 1-24 1 Hee 's Addition 25-48 2 Hee's Addition 3100 South Bannock 1-24 2 Hee 's Addition 25-48 3 Hee 's Addition 3200 South Bannock 1-12 3 s . G. Hamlins Broadway 13-24 2 s. G. Hamlins Broadway 14-26 Abbott's Subdivision 2nd Filing 3200 South Cherokee 1-12 2 s . G. Hamilns Broadway Addition 1-13 Abbott's Subdivision 2nd Filing 13-24 1 s . G . Hamlins Broadway Addition 14-26 1 Park Addition Seven unplatted pieces of property as follows · Addition Addition E~ S~ S~ NEt SWt of Sec . 34-4-68 Desc. as fol : Beg. at pt. 50 ft. S. of intersection of N . line of E~ S~ S~ NEt swt Sec . 34 with E. lineS. Bannock St.; th. S . along E. line S. Bannock St. 100ft., mi l ; th. E. 133ft .; tb . N. 100ft . mi l; th. W. 133 ft . mi l to pob . Part of E~ S~ S} NEt swt Sec . 34-4-68 desc . as fol : Beg. at pt. on E. lineS . Bannock St. which is 140ft . S. of N. line E~ s~ s~ NEi swi; th. E II to said N. line 133ft.; th. S II to E. line of S . Bannock St . 101 ft. mi l to pt . 91 ft. N. of s . line of said E~ s~ s~ NEi swt; th. w. II to said S. line a distance of 133 ft. mi l to E. line S. Bannock St.; th. N. along E. line S. Bannock St. 101 ft. mi l to pob. Part of E~ S~ S~ NEt SWi Sec. 34-4-68 desc. as fol: Beg. at pt . which is 15 ft . E . of SEcor . w~ s~ s~ NEt swt said Sec . 34 ; th . proceeding E . 46 .58 ft to pt .; th . N 91 ft .; th . W. 46 .58 ft .; th . S . 91 ft. to pob. Part E~ S~ S~ NEt SWt Sec . 34-4-68 desc . as fol : Beg. at pt. 95ft . S . of intersection of N . line of Ei Si Si NEt SWt Sec . 34 with E . line of S . Bannock St.; th. S. along E . line of S. Bannock St. 45ft .; th E 133ft .; th . N. 45 ft.; th. W. 133 Ft . to pob . Part in E~ Si S~ NEi SWt of Sec . 34-4-68 desc. as fol: Beg . at pt . 50 ft . S . of intersection of theN. line of page 2 I • • 0 I ! I , .,. 1 • • • • E~ S~ S~ NEt SWt of sa1d S ec . 34 with E . line of S . Bannock St , th S . along E . l1ne of S . Banoock St . 45 ft . m/1 ; th . E . 133 ft m1 l, th N . 45 fl . m/1 ; th W. 133ft . m/1 to pob. Pa rt E! S~ S~ NEt SWt Sec . 34-4-68 desc . as fol ; Be~. at pt . 133 ft . E of intersect1on of N . l1ne of E~ S~ S~ NEt SWt S ec. 34 with E . line of S . Bannock St .; th . S . 50 ft. to a pt ; th . due W. II to S . line NEt swt Sec 34 to E. line S . Bannock St .; th. N along E . lineS . Bannock St. 50 ft .; th . E . 1 33ft . along N . line E~ S~ S~ NEt SWt S ec. 34 to pob Part SW! Sec . 34-4-68 desc . as fol : Beg . at pt . 380ft. W and 138 ft . S . of NE cor . of SEt of SWt of Sec . 34; lh . N . 198ft .; th . W. 132 .5 ft .; th . N 31ft .; th . W. 86ft .; th . S 91ft . toN . line SEt SW! Sec . 34 ; th . W. along N. line of SEt of SWt of said Sec . 34 , 46 .75 ft . to E . line of strip of land conveyed by Miller's Super Markets , Inc . to City of Englewood ; th. S . along E . line of said strip conveyed by Miller's Super Markets , Inc . to City of Englewood 138ft .; th. E . along N . line of W. Greenwood Ave . 265 ft . to pob . Section 3 . Said District shall be known as the same is hereby des1gnated "Sidewalk Improvement District No . 70", in Englewood , Colorado. Section 4 . The construction of said sidewalk improvements in and for sa1d District , as shown by the plans , specifications and maps thereof, prepared by the Director of Public Works and approved by the City Council of the City d Englewood and now on file in the office of the Director of Public Works , be and the same is hereby authorized and ordered , the material to be used with such MlPS , plans and specifications . Sect1on 5 . The estimated total cost of said improvements is $15,888 .50 ; it is proposed that the City of Englewood will pay approximately $4 ,456 .66 toward the total cost of said im- provements . The balance of the total probable cost (being approximately $11 ,431 .84) is to be paid by special assessments to be levied upon each parcel of the real property hereinabove described . The approximate share of the total cost to be assessed per front foot upon any lot or tract of land fronting or abutting on said 1mprovements is set forth in the Notice of Hearing , as provided by a Resolution adopted and passed by the City Council on the 15th day of June,and is Vertical curb and gutter 3 .54 per lin. ft . Sidewalk (4" thick) .87 per sq . ft. Driveway (6" thick) 1.11 per sq . ft. Removal of old sidewalks .26 per sq. ft . Removal of old vertica 1 cur b and gutter 87 per lin . ft . Saw c oncrete 2 76 per lin . ft . Sect1on 6 All assessments levied against the aforesaid parcels of real property will b e due and payable , without demand , w1th1n thirty days from and after the final publications of an ordina n ce assess1ng the costs of said improvements against the real property in the district . In case of any owner of real property shall fail to pay whole of such assessment against his property within said thirty days , then, the pro rata cost of said lmprovements so assessed against h1s property , together with interest at the rate of 7% per annum on any unpaid balance, shall be payable in f1ve equal annual installments . The first page 3 ,._ I • • ·. ·' \ ( I '! . , ' 2X • • of such installments of pr1ncipal dod interest shall be due and pdyabl e at s u ch time as may be determ1ned in and by the asses- sing ordinance , and the rema1nder of sa 1 d Installments shall be due and payable successively on the same day of each year th e reafter , unt1l all are paid in f u ll S e ction 7 Th e Mayor and Di r ector of Finance are hereby author1zed to advertise for bids to construct such improve- me nts in three l 3 ) consecutive weekly issues of the Englewood He rald , a newspape r o f general circulation published in the Ci t y of Englewood , which adver t isements may run concurrently with the publication of this Ordinance . S ec tion 8 . Th e City Council hereby finds and determines that the improiements propos ed to be constructed and installed will confer a spec ial ben e fit upon the property within the District and a g e n e ral b ~n e fit upon th e City as a whole . Section 9 . Al l ordinances , or pa r t s thereof in conflict herewith are hereby repealed . This Or dinance , after its final passage , shall be recorded in a book kept for that purpose , shall be authenticated by the signatures of the Mayor and Director of F1nance , shall be published in said City . Introduced , read in full and passed on first reading on the day of July , 1970 . Published as a Bill for an Ordinance on the of July, 1970 . layor Attest : Ex Officio City Clerk-Treasurer _____ day I , Stephen A . Lyon , do hereby cert1fy that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance in t roduced. real in full and passed on first read- ing on the day of July 1970 . Ex Offic1o City CleFk-Treasurer I • • 0 ·. . , , xl • • INTRODUCED AS A BILL BY COUNCILMAN ------------------------------- A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70; ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS . WHEREAS, the City Council of the City of Englewood, Colo- rado , pursuant to the Charter and Ordinance No . 14 , Series of 1964 , of said City and the Laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creatioa of Sidewalk Improvement District No . 70 , in said City, and the construction therein of sidewalk improvements , as described herein ; and WHEREAS, the City Council has heretofore directed the Director of Public Works to prepar e pl a ns , s pecifications , maps and schedules in accordance with said laws; and WHEREAS, the Director of Public Works has prepared all the maps and certificates of his survey, as well as schedules, plans , spec~fi~ations , approximations of cost, and all other matters and things in complete form and substance as required by law ; and WHEREAS, the said maps and certificates of his survey, as well as schedules , plans , specifications , approximations of cost , and all other matters are hereby approved and adopted by the City Council ; and WHEREAS, Notice of a public hearing concerning the crea- tion of the District and the construction of the improvements therein and upon this ordinance has been published once a week for three weeks in the Englewood Herald , a newspaper of general circulation in the City, and , in addition , a copy of the Notice has been mailed , postage prepaid , to each known owner of real property within the proposed District ; and WHEREAS, at the time and place specified in said Notice , the City Council met in open session for the purpose of hear- ing any objections or protests that might be made against said improvements; and WHEREAS, all objections and complaints having been duly heard and considered, the Council has determined that such objections should be denied except as this ordinance has accepted them and incorporated herein changes in said District based upon said objections . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows : Sec tion 1 . Sidewalk Improvement District No . 70 is hereby created and the improvements h erei na fte r described, consisting o f certain sidewalk improveme nts , are duly ordered after Notice duly given and Hearing duly held , all as required by law . Section 2. The extent of the D1strict to be assessed for th e cost of the improvements shall be all the real property ' I • • • • specially benefited and as more particularly set forth in the Notice of Hearing as prov1ded by a Resolution of the City Coun c 1l passed and adopted on the 15th day of June, 1970. The kind of improvements and the sidewalks on which such improve- me nt s shall be as follows : l . Necessary installation , removal and replacement of concrete sidewalks, curb and gutter , together with the appurtenances and incidentals, in the City's right-of-way contiguous to the following properties . LOCATION LOTS BLOCK SUBDIVISION 3100 South Acoma 1-24 1 Hee 's Addition 25-48 2 Hee's Addition 3100 South Bannock 1-24 2 Hee 's Addition 25-48 3 Hee's Addition ,_ 3200 South Bannock 1-12 3 S. G. Hamlins Broadway Addition 13-24 2 s. G . Hamlins Broadway 14-26 Abbott's Subdivision 2nd Filing 3200 South Cherokee 1-12 2 s . G. Hamilns Broadway Addition 1-13 Abbott's Subdivision 2nd Filing 13-24 1 s. G. Hamlins Broadway Addition 14-26 1 Park Addition Seven unplatted pieces of property as follows : El Sl Sl NEt SWt of Sec . 34-4-68 Desc. as fol : Beg . at pt. 50 ft. S. of intersection of N . line of El Sl Sl NEt SW! Sec. 34 with E . line S . Bannock St.; th. S . along E. line S . Bannock St . 100ft., mi l; th. E. 133ft .; tb . N . 100ft . mi l; th. W. 133 ft mi l to pob . Part of El Sl S} NEt swt Sec . 34-4-68 desc . as fol: Beg . at pt . on E. lineS . Bannock St . which is 140ft . S. of N. line El S~ S~ NEt swt ; th. E II to said N. line 133 ft.; th . S II to E. line of S . Bannock St . 101ft. mi l to pt. 91 ft . N. of s . line of said El sl sl NEt swt; th. w. II to said S. line a distance of 133 ft . mi l to E . line S. Bannock St.; th. N. along E . l1ne S. Bannock St. 101ft. mi l to pob. Part of E~ S! Sl NEt SWt Sec. 34-4-68 desc. as fol : Beg. at pt. which is 15 ft . E . of SEcor . w! s~ sl NEt swt said Sec . 34 ; th . proceeding E . 46 .58 ft to pt .; th . N 91 ft .; th. W. 46.58 ft .; th . S . 91 ft. to pob. Part E~ S~ S~ NEt swt Sec . 34-4-68 desc . as fol : Beg. at pt. 95 ft . S. of intersection of N . line of Ef Sf Sf NEt swt Sec . 34 with E . line of S Bannock St.; th. S. along E. line of S. Bannock St. 45ft .; th . E 133ft .; th . N. 45 ft .; th . W. 133Ft . to pob . Part in E~ S~ S~ NEt SWi of Sec. 34-4-68 desc. as fol: Beg . at pt . 50 ft . S . of intersection of theN . line of page 2 Addition . ' I • • ·' I ! I , ~ • • E~ S~ S~ NEt SWt of sa1d S ec . 34 with E line of S . Bannock St ; th S . along E . lLne of S . Bannock St . 45 ft . m/1; th . E . 133 ft m;l , th N . 45 ft m/1; th . W. 133 ft . m/1 to pob. Part E~ S~ S~ NE! swt S ec . 34-4-68 desc as fol : Be~. at pt . 133 ft . E . of int e rsect1on of N l1ne of E~ S~ S~ NEt SW! Sec . 34 with E line of S . Bannock St.; th . S . 50 ft . to a pt ; th . due W II to S . line NEt swt Sec . 34 to E . line S . Bannock St ; th . N. along E line S . Bannock St. 50 ft .; th . E . 133 ft . along N . l1ne E~ S~ S~ NEt SWl Se c. 34 to pob Part SW! Sec. 34-4-68 desc . as fol : Beg at pt . 380ft . W and 138 ft . S . of NE cor . of SEt of swt of Sec . 34 ; th. N . 198ft ., th W. 132 .5 ft .; th . N 31ft .; th . W. 86ft .; th . S . 91ft . toN . line SEt swt Sec. 34; th. W. al on g N. line of SE! of swt of said Sec . 34 , 46 .75 ft. to E . line of strip of land conveyed by Miller's Super Markets, Inc . to City of Englewood ; th. S . along E . line of said strip conveyed by Miller's Super Markets , Inc . to City of Englewood 138ft .; th. E. along N . line of W. Greenwood Ave . 265 ft . to pob . Section 3. Said District shall be known as the same is hereby designated "Sidewalk Improvement District No. 70", in Englewood, Colorado. Section 4 . The construction of said sidewalk improvements in and for said District , as shown by the plans. specifications and maps thereof, prepared by the Director of Public Works and approved by the City Council of the City a Englewood and now on file in the office of the Director of Public Works, be and the same is hereby authorized and ordered , the material to be used with such ml{ls , plans and specifications . Section 5 . The estimated total cost of said improvements is $15,888 .50 ; it is proposed that the City of Englewood will pay approximately $4 ,456 .66 toward the total cost of said im- provements . The balance of the total probable cost (being approximately $11 ,431.84) is to be paid by special assessments to be levied upon each parcel of the real property hereinabove described . The approximate share of the total cost to be assessed per front foot upon any lot or tract of land fronting or abutting on said 1mprovements is set forth in the Notice of Hearing, as prov1ded by a Resolution adopted and passed by the City Council on the 15th day of June ,and is Vertical curb and gutter 3 .54 per lin. ft . Side walk (4" thick) .87 per sq. ft. Driveway (6" thick) 1.11 per sq . ft. Removal of old sidewalks . 26 per sq . ft . Re moval of old vertical curb and gutter 87 per lin . ft . Saw co ncr ete 2 .76 per lin . ft . S ect ion 6 All assessments l e vi e d against the aforesaid par ce l s of rea l p roperty wi ll be due and payable , without d e mand , wit h in thirty days from and after the final publications of an ordinance a ssess 1ng the costs of said improvements against the real proper ty in th e distri ct. In case of any owner of real property s ha 11 fai 1 to pay whole of such assessment against his proper t y within said thirty days , then , the pro rata cost of sai d im pro vements so assessed aga ins t h1s property , together with int rest at the rate of 7% p er annum on any unpaid balance , s hall be payable in five equal annual Installments . The first page 3 ' ,._ I • ·., ·'I! f ~-----'~------------~--~-· ----~------~·2 • ] • of such Installment of pr1ncipal and Interest shall be due and payabl e at su c h lime as may be determ1ned in and by the asses- sing ordinanc e, and the remainder of sa1d Installments shall be due and pa y abl e successively on the same day of each year thereaft er . u ntil all are paid in f u ll . S ec tion 7 . Th e Mayor and Director of Finance are hereby authorized to advertise for bids to construct such improve- ments In thr ee l 3 ) consecutive weekly issues of the Englewood He rald. a n e wspaper of general circulation published in the City of En g lewo od . which advertisements may run concurrently with the public a tion of this Ordinance S ec tion 8 . Th e City Council hereby finds and determines that The 1mpr o v e me nt s pr o posed to be con s tructed and installed w1ll co nf e r a s p ec ia l benefit upon th e property within the Di s tri c t and a g en ral b .nefit upon the City as a whole . Section 9 All ordinances, or pa r ts thereof in conflict herewith a r e hereby repealed . This Ordinance , after its final passage , shall be recorded in a book kept for that purpose , shall be authenticated by the signatures of the Mayor and Director of F1nance , shall be published in said City. Introduced , read in full and passed on first reading on the day of July , 1970 . Published as a Bill for an Ordinance on the of July, 1970 . Mayor Attest: Ex Officio City Clerk-Treasurer _____ day 1 , Stephen A . Lyon , do hereby cert1fy that the above and foregoing is a true , accurate and complete copy of a Bill for an Ordinance introduced , real in full and passed on f1rst read- ing on the day of July 1970 . Ex Off1cio City Clerk-Treasurer . ' I • • 0 .. ' \ ! I 'f .. , f 32xl I • • • • INTRODUCED AS A BILL BY COUNCILMAN ., ,.. -. · ------------------~----------- A BILL FOR C Ou•\-....-•·-{.1 ~.-~1 ... v FI LE C ITY OF IE~E.W 001D , G;;OUl. AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70; ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS . WHEREAS, the City Council of the City of Englewood , Colo- rado, pursuant to the Charter and Ordinance No . 14, Series of 1964, of said City and the Laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Sidewalk Improvement District No . 70, in said City, and the construction therein of sidewalk improvements, as described herein; and WHEREAS, the City Council has heretofore directed the Director of Public Works to prepare plans, specifications, maps and schedules in accordance with said laws; and WHEREAS, the Director of Public Works has prepared all the maps and certificates of his survey, as well as schedules, plans, spec~fi~ations, approximations of cost, and all other matters and things in complete form and substance as required by law; and WHEREAS, the said maps and certificates of his survey, as well as schedules, plans, specifications , approximations of cost, and all other matters are hereby approved and adopted by the City Council; and WHEREAS, Notice of a public hearing concerntng the crea- tion of the District and the construction of the improvements therein and upon this ordinance has been published once a week for three weeks in the Englewood Herald, a newspaper of general circulation in the City, and, in addition, a copy of the Notice has been mailed , postage prepaid, to each known owner of real property within the proposed District; and WHEREAS, at the time and place specified in said Notice, the City Council met in open session for the purpose of hear- ing any objections or protests that might be made against said improvements; and WHEREAS, all objections and complaints having been duly heard and considered, the Council has determined that such objections should be denied except as this ordinance has accepted them and incorporated herein changes in said District based upon said objections . NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Sidewalk Improvement District No. 70 is hereby created and the improvements hereinafter described, consisting of certain sidewalk 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 ' ,_ ·' \ ! 'r I • • ·; • specially benefited and as mor e p ar ticularly set forth in the Notice of Hearing as pr ovided by a Re s olu t ion of the City Counc i l passed and adopted on the 15th day of June , 1970. The kind of improvements and the sidewalks on which such improve- ments shall be as follows : 1 . Necessary installation , removal and replace•ent of concrete sidewalks, curb and gutter, together with the appurtenances and incidentals, in the City 's right-of-way contiguous to the following properties . LOCATION LOTS BLOCK SUBDIVISION 3100 South Acoma 1-24 1 Hee 's Addition 25-48 2 Bee's Addition 3100 South Bannock 1-24 2 Bee 's Addition 25-48 3 Bee 's Addition 3200 South Bannock 1-12 3 s . G. Bamlins Broadway 13-24 2 s. G. Hamlins Broadway 14-26 Abbott 's Subdivision 2nd Filing 3200 South Cherokee 1-12 2 s. G. Bamilns Broadway Addition 1-13 Abbott's Subdivision 2nd Filing 13-24 1 s . G. Bamlins Broadway Addition 14-26 1 Park Addition Seven unplatted pieces of property as follows : It St St NEi SWi of Sec . 34-4-68 Desc. as fol : Beg . at pt . 50 ft . S . of intersection of N. line of Et St St NEi SWi Sec . 34 with E . lineS . Bannock St.; th . S . along E . line S . Bannock St . 100ft., mil ; th. E . 133ft .; th. N. 100ft . mi l; tb. W. 133 ft . mi l to pob . Part of It St Si N&i SWi Sec . 34-4-68 desc . as fol: Beg . at pt. on E . line S . Bannock St . which is 140 ft . S . of N. line It St st NEt SWi; th, E II to said N. line 133ft.; th. S II to B. line of S . Bannock St . 101 ft. mil to pt . 91 ft . N. of s . line of said Ei st st NEt swt; th. w. II to said S. line a distance of 133 ft . mil to E. line S. Bannock St.; th . N . along I. line S . Bannock St. 101 ft . mi l to pob. Part of Et St St NEi SWt Sec. 34-4-68 desc. as fol: Beg . at pt. which is 15 ft . E . of SE cor . wl s! st NEi swt said Sec . 34 ; th . proceeding E . 46 .58 ft . to pt .; th . N 91ft .; th . W. 46 .58 ft .; t h . S . 91ft. to pob. Part Et Sf Sf NEi SWi Sec . 34-4-68 desc . as fol : Beg. at pt. 95 f t. S . of intersection of N. line of It St St NEt SWi Sec . 34 with E . line of S . Bannock St.; th. S. along E. line of S . Bannock St . 45ft .; th . E . 133ft .; t h . N. 45ft.; th . w. 133Ft . to pob . Part in Et St Bt NEt SWi of Sec . 34-4-68 desc. as fol : Beg . at pt . 50 ft . S. of intersection of theN . line of page 2 ,._ Addition Addition I . \! , ------~'----------------~-~~------------~~>< • • • E~ S~ S~ NEt SWi of sa1d S e c . 3 4 wi th E . line of S . Bannock St ., th . S . alon g E . l1ne of S . Ba nn o c k St . 45 ft . mi l; th. E . 133 ft mi l, th . N . 45 f t . m/1 ; t h . W. 133ft . mi l to pob . Part E~ S~ S~ NEt SW! S ec . 34 -4-68 desc . as fol : Bei · at pt . 133 ft . E . of intersection of N . line of El Sl St Nli swt Sec . 34 with E . line of S . Bannock St.; th . S . 50 ft. to a pt ; th . due W. II to S . line NEt swt Sec . 34 to E. lineS . Bannock St .; th. N . along E . lineS . Bannock St . 50 ft .; th . E . 133ft . along N . line El Sl Sl NEi SWi Sec . 34 to pob . Part SW! Sec . 34-4-68 desc. as fol : Beg . at pt . 380ft . W. and 138ft . S . of NE cor . of SEt of SWi of Sec . 34; th . N . 198ft .; th . W. 132 .5 ft .; th . N . 31ft .; th. W. 86ft .; th . S 91ft . toN . line SEt SW! Sec . 34; th . W. along N . line of SE! of SWt of said Sec . 34, 46 .75 ft . to E . line of strip of land conveyed by Miller's Super Markets, Inc . to City of Englewood ; th. S . along E . line of said strip conveyed by Miller•s Super Markets, Inc . to City of Englewood 138ft .; th . E. along N . line of W. Greenwood Ave. 265 ft . to pob . Section 3 . Said District shall be known as the same is hereby designated "Sidewalk Improvement District No . 70", in Englewood, Colorado . Section 4 . The construction of said sidewalk improvements in and for said District , as shown by the plans, specifications and maps thereof, prepared by the Director of Public Works and approved by the City Council of the City ~ Englewood and now on file in the oftice of the Director of Public Works , be and the same is hereby authorized and ordered, the material to be used with such· msps , plans and specifications . Section 5 . The estimated total cost of said improvements is $15,888 .50; it. is proposed that the City of Englewood will pay approximately $4,456 .66 toward the total cost of said im- provements . The balance of the total probable cost (being approximately $11,431 .84) is to be paid by special assessments to be levied upon each parcel of the real property hereinabove described . The approximate share of the total cost to be assessed per front foot upon any lot or tract of land fronting or abutting on said improvements is set forth in the Notice of Hearing, as provided by a Resolution adopted and passed by the City Council on the 15th day of June ,and is : Vertical curb and gutter 3 .54 per lin. ft. Sidewalk (4" thick) .87 per sq . ft. Driveway (6" thick) 1.11 per sq . ft. Removal of old sidewalks .26 per sq . ft . Removal of old vertical curb and gutter . 87 per lin . ft . Saw concrete 2 .76 per lin . ft . Section 6 , All assessments levied against the aforesaid parcels of real property will be due and pa y able , without demand, within thirty days f rom and after the .final publications of an ordinance assess1ng the costs of said improvements aeainst the real property in the district . In case of any owner of real property shall fail to pay whole of such assessment against his property within said thirty days , then , the pro rata cost of said 1mprovements so assessed against h1s property, together with interes t at the ra t e of 7% per annum on any unpaid balance, s hall be payable in five equal annual installments . The first page 3 ,._ I • • . , .. ' \ ! I '! • • of such installments of principal and interest shall be due and payable at such time as may be determ~ned in and by the asses- sing ordinance, and the remainder of said installments shall be due and payable successively on the same day of each year thereafter, until all are paid in full . Section 7 . The Mayor and Director of Finance are hereby authorized to advertise for bids to construct such improve- ments in three (3) consecutive weekly issues of the Englewood Herald, a newspaper of general circulation published in the City of Englewood, which advertisements may run concurrently with the publication of this Ordinance . Section 8. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 9. All ordinances, or parts thereof in conflict herewith are hereby repealed. This Ordinance, after its final passage, shall be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor and Director of Finance, shall be published in said City. Introduced, read in full and passed on first reading on the day of July , 1970 . Published as a Bill for an Ordinance on the _________ day of July, 1970. liyor Attest: IX officio city Clerk-Treasurer I, Stephen A . Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill f6r an Ordinance introduced, real in full and passed on first read- ing on the day of July 1970. IX Officio City Clerk-Treasurer I • • 0 . , __ ,32xl • • A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70 ; ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS. WHEREAS, the City Council o f t he City of Englewood, Colo- rado, pursuant to the Charter and Ordinance No . 14 , Series of 1964, of said City and the Laws of the State of Colorado, h ere by finds and determines that there exists a necessity for the creation of Sidewalk Improvement District No. 70, in said City , and the construction therein of sidewalk improvements, a s described herein; and WHEREAS, the City Council has heretofore directed the Director of Public Works to prepare plans , specifications, maps and schedules in accordance with said laws ; and WHEREAS, the Director of Public Works has prepared all the maps and certificates of his survey , as well as schedules, plans , spec~fi~ations , approximations of cost, and all other matters and things in complete form and substance as required by law ; and WHEREAS, the said maps and certificates of his survey, as well as schedules , plans , specifications , approximations of cost, and all other matters are hereby approved and adopted by the City Council ; and WHEREAS, Notice of a public hearing concern~ng the crea- tion of the District and che construction of the improvements therein and upon this ordinance has been published once a week for three weeks in the Englewood Herald , a newspaper of general circulation in the City , and , in addition , a copy of the Notice has been mailed , postage prepaid , to each known owner of real property within the proposed District ; and WHEREAS, at the time and place specified in said Notice , the City Council met in open session for the purpose of hear- ing any objections or protests that might be made against said improvements; and WHEREAS, all objections and complaints having been duly h e ard and considered, the Council has determined that such objections should be denied exc e pt as this ordinance has accepted them and incorporated herein changes in said District bas e d upon said objections . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1 . Sidewalk Improv e ment District No . 70 is hereby crea ted and the improvements h e reinafter described, consisting of c ertain sidewalk improvements , are duly ordered after Notice duly given and Hearing duly held, all as required by law . S ecti on 2 . The extent of the District to be assessed for t h e cost of the improvements shall be all the real property I • • ' 2 - • • specially benefited and as more pa rtic ularly set forth in the Notice of Heari ng as provided by a Resolution of the City Council passed an d adopted on the 15th day of June , 1970. The kind of improvements and the sidewalks on which such improve- me nt s shall be as follows : 1 . Necessary installation , removal and replacement of co ncr ete si d ew alks , curb and gutter, together with the appurtenances and incidentals, in the City 's right-of-way contiguous to the following proper ties LOCATION LOTS BLOCK SUBDIVISION 3100 South Acoma 1-24 1 Hee 's Addition 25-48 2 Hee 's Addition 3100 South Bannock 1-24 2 Hee 's Addition 25-48 3 Hee 's Addition 3200 South Bannock 1-12 3 s . G. Hamlins Broadway Addition 13-24 2 s. G . Hamlins Broadway Addition 14-26 Abbott's Subdivision 2nd Filing 3200 South Cherokee 1-12 2 s. G. Hamilns Broadway Addition 1-13 Abbott's Subdivision 2nd Filing 13-24 1 s . G . Hamlins Broadway Addition 14-26 1 Park Addition Seven unplatted pieces of property as follows : E~ S~ S~ NEt swt of Sec . 34-4-68 Desc. as fol : Beg . at pt . 50 ft . S . of intersection of N . line of E! S! S~ NEt swt Sec . 34 with E . line S. Bannock St.; th. S . along E. line s . Bannock St . 100ft., mi l ; th. E . 133ft .; th . N . 100ft . mi l ; th. W. 133 ft . mi l to pob . Part of E~ S~ S} NEt swt Sec . 34-4-68 desc . as fol: Beg . at pt . on E. lineS . Bannock St. which is 140ft . S. of N. line E~ s~ s~ NEt swt; th. E II to said N. line 133 ft.; th. S II to E. line of S . Bannock St . 101 ft. mi l to pt . 91 ft . N. of s . line of said E! S~ s! NEt swt : th . W. II to said S. line a distance of 133 ft . mi l to E. line S . Bannock S t.; th. N . along E . l~ne S . Bannock St. 101 ft. mi l to pob . Part of E~ S~ S~ NEt swt S ec. 34-4-68 d esc. as fol : Beg . at pt . which is 15 ft . E . of SEcor . W~ S~ Si NEt SWi said Sec . 34 ; th . proceeding E . 46 .58 ft to pt .; th . N 91 ft .; th . W. 46 .58 ft ; th . S . 91 ft. to pob. Pa rt E~ S~ S~ NEt swt S ec . 34-4-68 d esc . as fol : Beg. at pt. 95 ft. S . of intersection of N . line of El Sl Si NEt SWt Sec 34 with E . line of S Bannock St.; th. S . along E . line of S. Bannock St. 45 ft .; th . E 133 ft .; th . N. 45 ft.; th . W. 133Ft . to pob . Part in E~ S~ S ! NEt SWi of S ec. 34-4-68 desc. as fol: Beg . at pt . 50 ft . S . of intersection of the N . line of page 2 . , I . • • • E~ S~ S~ NEi SW! of said S e c . 34 with E . line of S . Bannock St , th . S . along E . llne of S . Bannock S t. 45 ft . m/1 ; th. E . 133ft m/1 , th . N . 45ft . m/1 ; th . W. 133ft. m/1 to pob . P art El S~ S~ NEt SWi S ec . 34-4-68 desc . as fol : Be~. at pt . 133 ft . E . of intersectlon of N. line of El s t s~ NEI SWi Sec . 34 with E . line of S . Bannock S t.; th . S . 50 ft. to a pt ; th du e W // to S . line NEi SWi S ec . 34 to E . line S . Bannock St .; th. N along E line S . Bannock S t. 50 ft .; th . E . 133ft. alo ng N . line El Sl S l NEi SW t Sec . 34 to pob Part SW i Sec . 34-4-68 d esc. as fol Beg at pt . 380ft . W and 138 ft . s . of NE cor . of SEi of swt of S ec . 34 ; th . N . 198ft .; th . W 132 .5 ft ; th . N 31ft .; th. W. 86 ft.; th . S . 91 ft . to N . line SEt SWi S ec . 34; th. W. along N . line of SEi of swi of said S ec . 34 , 46 .75 ft. to E . line of strip of land conveyed by Miller's Super Markets, Inc . to City of Englewood ; th. S . along E . line of said strip co nveyed by Miller's Super Markets , Inc . to Ci ty of Englewood 138ft .; th . E . along N . line of W Greenwood Ave. 265 ft . to pob . S ection 3 . Said Di strict shall be known as the same is hereby designated "Sid ewalk Impr ovement Dis trict No . 70", in Englewood , Colorado. Section 4 . The construction of said Sidewalk improvements in and for said District , as shown by the plans , specifications and maps thereof, prepared by the Dir ector of Public Works and approved by the City Council of the City d Englewood and now on file in the office of the Director of Public Works , be and the same is hereby authorized and ordered , the material to be used with suc h m~s , plans and specifications . S ect1on 5 The est imat e d total cost of said improvements is $15 ,888 .50 ; 11. is propose d that the City of Englewood will pay approximately $4 ,456 .66 toward the total cost of said im- provements Th e balance of the total probable cost (being approximat ely $11 ,431 .84) is to be paid by special assessments to be levied upon each parcel of the real property hereinabove d escrib d . The approximate s hare of the total cost to be assessed per front foot upon any lot or tract oi land fronting or abutting on said Lmprovement is set forth in the Notice of Hearing, as provid ed by a Resol ut1on adopted and passed by the C1ty Council on the 15th day of June ,and is Vertical curb and gut t er 3 .54 per lin . ft . Sid walk (4" thick) .87 per sq . ft . Dr·i veway (6" thick) 1.11 per sq . ft. Removal of old s1dewalks . 26 per sq . ft . Removal of old vertical c urb and gutter .87 per lin ft Saw con r·e te 2 76 p er lin. ft . S e 6 All asses m nts levied aga1nst the aforesaid parc els of J " al property w1ll b due and payable, w1thout demand , w1th1n thirty days from and after the final publications ot an 01dinanc assess1ng th e costs of said improvements against the r al propPr t y in the district. In case of any owner of real pr·ope r·ty hall fall t o pay whole of such assessment against his p1 ·opert withln ba ld thirty days , then , the pro rata cost of said lmprovements so assessed aga1nst h1s property , together Wlth int rest at the rate of 7% p r annum on any unpai d balance , shal l be payable in f1ve e q ual annual 1nstallments . The first page 3 I • • . ' ' ....... • of such installments of pr1ncipal and interest shall be due and payable at such t ime as may be determined in and by the asses- sing ordinance , and the remainder of sa1d installments shall be due and payable successively on the same day of each year thereafter , until all are paid in f u ll . Section 7 . The Mayor and Director of Finance are hereby authorized to advertise for bids to construct such improve- ments in three (3) consecutive weekly issues of the Englewood Herald, a newspaper of general circulation published in the City of Englewood , which advertisements may run concurrently with the publication of this Ordinance . Section 8. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the District and a general b e nefit upon the City as a whole. Section 9. All ordinances, or parts thereof in conflict herewith are hereby repealed. This Ordinance, after its final passage, shall be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor and Director of Finance, shall be published in said City. Introduced, read in full and passed on first reading on the day of July , 1970 . Published as a Bill for an Ordinance on the day of July , 1970. --------- Mayor Attest: Ex Officio city Clerk-Treasurer I , Stephen A . Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill f6r an Ordinance introduced, real in full and passed on first read- ing on the day of July 1970. IX Officio City Clerk-Treasurer I • • 0 . , • . . TO : M r . Stanl ey H. [Ji al , City Ma nage r • 0 - INTEl .OFFICI · MIMOIANDUM CO~; CITY DAft: October 2, 1969 ' AtOM: Mr. J . Robert M ack, Assistant to the City Manager SUIJICT : FEES COLLECTED FOR CITIZEN-INITIATED BOARD ACTIONS ? '7 0 Ordinance No. 34, Series of 1967, provides that each Board and Commission of the City shall require from each applicant, petitioner, appellant, complainant or other person requesting a ht!aring before such Board to pay to the City a reasonable uniform fee therefore to defray the elCpenses of such request. 'Ibe Board or Commission also has the authority for the waiver of payment for indigents. Itemized below are some typical costs which the City and the appli- cant for a particular Planning and Zoning Commission or Board of Adjustment and Appeals action would incur under the City's pre!MIIIt policy and some suggestions which, if you concur, l·ould be trans- m i tted to the Planaing Director and Public Works Dtrector for reView and consideration by their respective Board or Commission. PLANNING AND ZONING COMMISSION: Rezoaings. Under the City's present policy, the City pre- pare& and posts all signs for the applicant. The City also incurs costs for advertising, transcription and filing or recording. The typical rezoning costs to the City, excluding salary or wages of City employees, is $141,0Qf. The typical applicant pays a fee of $50.00 to the City. Tbe Planning and Zoning Commission m ay wish to cODsider adopting the following policy: The appli- cant shall pay all costs for signing of property in- cluding the preparation and posting of s igns. The City would inspect such posted signs, but would no longer paint them. Ollce the posting costs are transferred from the City to the applicant, the typical City cost for a rezoning would be in the vicinity of *>6.00. Therefore, the minimum appli- cant base fee could be Increased from SSO. 00 to f70.00. Platting. The present typical cost to the Cit). t-xcluding personnel costs, for a subdivision platting is In the vicinity of $41.00. Tht! applicant presently pays a fee to the City of $50.00 . No s ugge ste d c hange in the present City policy . (Continued ) ,. . \ -· \ ! ----- I 0 - • Mr. stanley H. Dial October 2 , 1969 Page 2 • 0 • Subdivision Waiver. The typical cost of a Mubllivision waiver to the City is $5. 00, excluding personnel sll111.ry and wages. Tbere Is no fee charged the applicant. However. the appli- cant does pay the cost of ;t recording or flhn«. Since the City desires to maintain cootrol of <:onsummated legal documents, it is recommended that tbe City continue to record subdivision waivers and pay recordlq coats directly to the County. Recordiq coats, plus typical postage coets involved in a subdivision waiver, are about $20.00. !laggest a subdivision waiver let-of $25. ou. Vacattoo. A typical cttlr.en-lDitiated vacation request costa the City about $51. 00. 'lbere is DO applicut fee for a vacation request. Recommend an applle&Dt fee of $56.00, Aallexation. Adverttal.DI, traucrlptiOD, flltq &Dd recordilll aDd poatap fees for a typtcaliiiUleDUOD are in tbe vicinity oC 867.00. There Is DO appllcu& fee. Since it Is in the City's but ta&ere.t to coaaider aU potential annexaUODa, ~~~U~Pat DO fee be eatabliabed for the conaideraUOD ot: aDDSDticms. Heipt VariaDCe. 'lbe City's present ordlnllDCt' c oocerni.Jig height variaDCea provides that tbe applicut aball pay all coats incurred by the City for the consideration of a !wight vartuce request. Tbe typical height vartaDCe request coats approxi- mately $87. 00 wbicb tncludea the cost to the City of preparilll aad posting alps, but does DOt include perSODDt-1 coats. Sugeat that the reapooaibillty for constructing and plactnc alps on property be the responsibility of the applicant. Naturally, the sips wLII be inspected by City per80DD81. ODce the coat of alpa are a .. tgned to the applicant, typical City <·oats for con- slderattoo of a height nrtuce will be 157. 00. Sllgl(8st a 860.00 fee be utablished for tht. consider- ation of height variances, BOARD OF ADJUSTMENT AND APPEA~: Zoni.QI Variance. 1be typical coat of a zoning variance to tbe City is approximatel y $21.00 plue peraonlk'l costs. The appli - cant pays a $3. 00 City fee and provides bla own s igna. (Coatinued ) ,. . I • 0 \ I • Mr. Stanley H. Dial October 2, 1969 Page 3 • 0 - ~est the applicant cootinue to provide for the posting of sigilli plus a $25. 00 City fee for the cooaideration of zoning variancea. Non-Zcm!Jw Variance. nie typical coat for tbe consider- ation of a non-zODiDg variance by the City l approximately $11. oo plua periiOIIDel coste. 1be appUCIUL des for the posttag of signa and does DOt pay a fee. lllggeat the applicant coottnue to provide lor the posting of sigilli plua a •15. 00 City fee. Ellcroac:bmeat. Cooalderattoo of e~acroachmlll&a typically coets the City apprcWIDately $11.00 plue per1101111111l coste. No aipiDg la required and tbe appliceat pays a fee to tbe City of $3. 00. a.geat a City fee of $15.00. If tbeee augeatkllll are followed, tbe City will DOt be paiJI&tDI ud poet:IDI aay eflpu, 'l1le reepooetbtltty for poetiJIC of propertlea will be tbe re...,...lbillty ol tbe applicut. 1be City Will famieb the wol"dbaa Md dlmeuloDI i»r the eipl aat will tnepect ttae eigna for accuracy aDd date ol1J08U111. NoM of tbe above IQIPIIttcaa provide for fen wbich would eccm ... e City coste for per .... l Ume ud overhead. SIDcerely, J. ROBERT MACK A881ataat to tbe City Maoqer JRM/lj J 0 I· • .. ·' I ! ' , '!' - • • • 0 • NEWS RE I.E AS~: July 20, Hl70 ? •70 ,-~ Ctr. ;.) co ... o. The appolnt111ent of Mr. James L. ~pinger as Plannino.: Director was announ<"eli today by stanley H. Dial, C'lty :\lanagp,· of the City of Englewood. :O.Ir. ~plnger, recent Planning Director for the City of '1\•sti n, California, has also servt>rl as Plannln~ Administrator for the Cit:-,,f Pacifil:a, California and Planner 1 lo• Fort Worth, Texas. He is a graduate of Michigan State t tnlversity where he received a degree in Urban Planning. He has been active in varlouR professional o rganizations and In many community sen·ice activitle,., in Tustin. Englewood and Tustin are communities of approximate!\ the same si~t:'. "\\'e feele-rt•·cmely lortunate in being able to appoint James Suplnger ..tnd feel that he will be ot tremendous help to the community In this uniqu e stage of its development," Mr. Dial stated. 'His fores ighted planning and accomplishments in tht:' C ity ot 1\Jstin will be of i m nll'd iate assistance. '' :\11". Dial indh ,tted that Mr. ~plnger Is expected to begin worki n g o n !\1o nda~, .July 27 . Mr. Suplnger is not married. :\h·. Stanley H . Obi City l\lanage r· Cit:-• of Engle \\Ofld . Col o t·ado 0110 S IID/cs ) I • • ', ' 2 • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 6, 1970 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 6, 1970 at 8:00 P.M. Ma yo r Schwab, presidi ng, called the meeting to order . The i nvocatio n was given by Father Murphy of the St. Loui s Catholic Church. Pledge of Allegiance was led by Mayor Schwab. The Mayor a sked for roll call. Upon the call of the roll, the following were present: Councilmen Brown, Dhority , Lay, Lone, Senti , Schwab. Absent: Councilman Kreiling. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager McDivitt, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE MINUTES OF JUNE 15, 1970 BE APPROVED AS READ WITH AN AMEND- MENT TO PAGE THREE STATING THAT COUNCILMAN BROWN REENTERED THE COUNCIL CHAMBERS AT 9:40 P.M. RATHER THAN 10:40 P.M. 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. * * * * * * Ma yo r Schwab recognized Mr. William R . Howe, 4935 South Delawar e Street, from the list of special citizen invitees . Mr. Howe stated that there we r e considerable traffic probl ems created by mak in g l eft h and turns i nto Cinderella City off of U. s . 285 . * * * * * * Mr . Leo Hamel, 4401 Wagon Trail Drive, and Mr. Robert Marshall, 12970 West 15th Drive, Golden, Colorado, appeared before City Council in regard to the parking limitations recently imposed b y the City near the intersection of South Santa Fe Drive and West Union Ave nue. Mr. Hamel and Mr. Marshall, employees of Ragsdal e Tool & Di e , 4535 South Santa Fe, stated that they had parked on West Union Avenue until the City had limited parking. Th ey discussed the hardship caused by the parking limitation and traffic problems within the area. I • • f • • -2- City Manager Dial stated that West Union Avenue in the area in which parking had been prohibited had been saturated with parked vehicles and junk cars, sight visibility was limited and cars were not well parked off the traveled way. Mr. Dial stated that the removal of parking had improved these situations considerably. City Council discussed the matter with Mr. Hamel and Mr. Marshall. * * * * * * Mr. Bruce Heider of Walter E. Heider & Company appeared before City Council and formally presented the 1969 audit and management letter. Mr. Heider discussed the manage- ment letter with members of Council. City Manager Dial stated that the recommendations con- tained in the letter would be reviewed in the 1971 budget process. * * * * * * Mr. John Ferguson, president of the Englewood Lions Club, appeared before City Council and presented a letter con- cerning the Lions Club zoo at Belleview Park. Mr. Fergusou stated that the zoo was a losing proposition and he requested $2,000 contribution from the City of Englewood to maintain the zoo's operation. Mr. Ferguson stated that the Lions Club would con- tinue with its present support of the zoo and the train. Councilman Lay suggested that the request of the Lions Club be taken under advisement and a decision reached at a later Council meeting. * * * * * * Mr. Jack L. Clasby, Chief of Police, appeared before City Council and introduced the following members of the Englewood Police Department's four-man pistol team to City Council: Sergeant Robert Penney Sergeant Leon Mull Officer William Belt Officer Randall Carson. RESOLUTION NO. 18, SERIES OF 1970 A RESOLUTION CONGRATULATING AND COMMENDING THE ENGLEWOOD POLICE OFFICERS FOR THEIR PERFORMANCE IN THE STATE CHAMPIONSHIP POLICE MATCH. (Copied in full in the official Resolution Book.) Sergeant Penney, on behalf of the officers, thanked the City Council for its support of the team and its expression of appreciation. City Manager Dial stated that the team had been obtain- ing funds from local private sources to finance their attendance at the national pistol competition to be held in Jackson, Mississippi. Mr. Dial stated that with the approval of city council he believed the City could find any additional needed funds to sponsor the trip to the national competition. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 18, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: I • • f ]==- • • -3- Schwab. Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING TO ADOPT THE MUNICIPAL CODE BY REFERENCE BE OPENED . 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 public hearing opened at 9:05 P.M. (Note: A tape recording of the public hearing is on file with the official minutes.) The following i ndividuals appeared before City Council in regard to the adoption of the revised Municipal Code: Mr. John A. Criswell, attorney, 3755 South Broadway. Mr . Criswell discussed the r evi sed Municipal Code and presented a memorandum dated July 6 , 1970 with three attachments to City Council. Mr. George Johnston, 2401 South Pecos. Mr . Johnston discussed the enforcement of the revised Municipal Code . COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING BE CLOSED . 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 public hearing closed at 9:35 P.M. ****** COUNCILMAN BROWN MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF THE NORTHWEST CORNER OF WEST THOMAS AVENUE AND SOUTH BEVERLY DRIVE FROM R-4 TO I-1 BE OPENED. Upon the call of the roll, the vote resulted as follows: Schwab. Ay es : Councilmen Brown, Dhority, Lay, Lone, Senti, Nays : Non e . Absent: Councilman Kreiling. The Mayor declared the motion carried, and the public hearing opened at 9 :3 6 P.M. (Not e : A tape recording of the public hearing is on file with the official minutes .) ; - I • • . , • -4- (Councilman Kreiling entered the Council Chambers a t 9:39 P .M. and took his seat with Council.) Li ste d below are the items presented to City Council i n regard t o t he rezoning: 1 . A me mo r and um from Mrs. D. A. Romans, Acting Director of Plann i ng, da ted J u l y 2, 1970 concerning the rezoning. 2 . An a eri al p h o to of the subject area. 3 . A map of the sub j ect ar e a. 4 . A protest pet i tion filed wi t h th e Planning Co mm iss i on a t thei r hearing on Ma y 19 , 1970. 5 . A mem orandum d a ted Ma y 20, 1 9 70 t o Mr. Kells Waggone r, Di rector o f Publ i c Work s from Mrs. D . A. Romans, Acting Di r ec tor o f Plann i ng, c onc e rning the testimony at the hearing on Ma y 19 , 1 970 . 6. A summary of the ann e xation and zon i ng history of the subject area. Mrs. D. A. Romans, Acting Director of Planning, appeared before City Council and reviewed the proposed rezoning. Mrs. Romans indicated to Council that there was an error in the notice of public he aring wh ich was posted on the subject area. Mrs. Romans stated that those citizens who were opposed to the rezoning might object to t h e fact that an error was made. Di scuss i on ensued. Mr. Willi am F. Mann i ng, 1540 West Tufts, appeared before Cit y Counci l and requested that the area be properly posted and that t he publ i c hearing be postponed until this was done . COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUB L IC HEARING RE CLOSED AND THAT AUGUST 3, 1970 BE ESTABLISHED AS THE NEW PUBLIC HEARING DATE. Mr. Ri chard L. Eason, attorney, 3311 South Broadway, appe are d b e for e City Council and stated that he was in agreement with Counc i l tha t the public hearing be reestablished. Upon the call of the roll, the vote resulted as follows: Aye s: Counc i lme n Brown, Dhority, Kreiling, Lay, Lone, S e n ti, S c h wab. Nays : No n e. Absent : None . Th e Ma y o r d e clared the mot ion carried , and t he public h e aring close d a t 9 :56 P .M. (S ee f u rthe r mo t ion pertaining to the hearing da te at t he e nd o f the City Council me eting.) * * * * * * The minutes of the P l anni ng and Zoning Commission meeti ng o f June 2 , 1970 we r e r eceiv e d for the record. * * * * * * 1'he mi n utes of t h e Parks and Recreat i on Commission meeting o f J un e 17, 19 7 0 we r e r eceiv e d for the record. * * * * * * ·. , I • f ------~2X • • • -5- The minutes of the Board of Career Service Commissioners meeting of June 18, 1970 were received for the record. * * * * * * 'l.'he minutes of the Library Board meeting of June 9, 1970 were received for the record. * * * * * * Mr. Robert Baker, attorney, and Mr. Jerry Sturm, 3184 Edgemore Drive, appeared before City Council in regard to the Peanut Barrel, 3535 South Huron. Mr . Baker requested that the current license be allowed to transfer from Mr. Thomas J. Nomina to Peanut Barrel, Inc. dba Holly South. COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT THE CURRENT LICENSE OF THE PEANUT BARREL, 3535 SOUTH HURON, BE REISSUED TO THE PEANUT BARREL, INC. DBA HOLLY SOUTH. 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. * * * * * * City Attorney Berardini stated that Mr. Don Hanneman had resigned effective July 1, 1970. Mr. Berardini introduced Mr. George B . Lee, Jr. who had been appointed Assistant City Attorney and prosecuting attorney for Municipal Court effective July 21, 1970. Mr. Lee appeared before City Council. City Attorney Berardini stated that Mr. Lee had pre- viously been municipal judge for the City of Aurora and that he would resign that position on July 20, 1970. * * * * * * City Manager Dial introduced Mr. Dean Peterson from the Colorado State Highway Department. Mr. Dial stated that Mr. Peterson was taking graduate course work in public administration and as a part of his work was attending the Englewood City Council meeting. * * * * * * City Attorn ey Berardini presented the opinion of Judge Foote concerning the action brought by Mr. Leslie E. Howe, Sport Bowl, 3295 South Broadway, against the City of Englewood to cause the issuance of a 3.2 beer license to Mr. Howe. Mr. Berardini stated that Judge Foote had ruled that the State's 3.2 beer act takes precedence over the City of Englewood's ordinances which proh ibit Mr. Howe from holding a license and that the Judge had ordered that the City issue said license. It was the consensus of city Council that the City Attorney change the City Code by removing the restriction pro- hibiting the issuance of 3.2 beer licenses within 500 feet of a public or parochial school. * * * * * * I • • . , 1 • • -6- A proposed bill for an ordinance increasing the sales tax from two cents to three cents was presented by City Attorney Be rardini and discussed by Council . Introduce d as a Bill by Councilman Brown and read in full, A BILL FOR AN ORDINANCE AMENDING SECTIONS 1 6 .5-3 (a), 16 .5-10, 1 6 .5 -1 6 (c ), 1 6 .5 -1 7 , 1 6 .5-20(b) AND 1 6 .5-3 8 OF THE MUNICIPAL CO DE OF THE CITY OF ENGLEWOOD TO INCREASE TAE TAX LEVIED BY SAID S ECT I ONS F RO M TWO (2) CENTS ON EACH FULL DOLLAR AND OF EACH RETAIL S ALE OR ACQU ISIT ION CHARGE, TO THREE (3 ) CENTS FOR EACH FULL DOLLAR THEREOF ; ESTABLISHING A SCHEDULE FOR THE COLLECTION OF SUCH TAXES WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY TAXAB LE ITEM I NC LUDES A FRACTIONAL PART OF A FULL DOLLAR SEGREGATING AND USING SAID ADDITIONAL REVENUES FOR CAPITAL IMPROVEMENTS EXC LUSIVELY DECREASING THE VENDOR'S FEE FROM 2.5% TO 1.6% AND INCREASING THE ITINERANT VENDOR'S FEE FROM FORTY ($40.00) DOLLARS TO SIXTY ($6 0.00) DOLLARS. COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial recommended that the City purchase a tax certificate giving ownership to two lots in Southlawn Gardens. Mr . Dial stated that the cost of the certificate was $1,100 and that the land could be used in the future park develop- ment near the ditch running through Block 13 of Southlawn Gardens. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE RECOMMENDATION THAT THE CITY PURCHASE A TAX CERTIFICATE FOR TWO LOTS IN SOUTHLAWN GARDENS AT A COST OF $1,100 BE APPROVED. Upon t he c all of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Sen ti , Sch wab. Nays ; None. Absent: Non e . The Ma y or d e clared the motion carried. * * * * + * RESOLUTION NO. 19, SERIES OF 1970 A RES OL UTION AUTHORIZING THE FILING OF AN APPLICATION WI TH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AM END ED. (C o pi e d in full i n th e official Resolution Book .) I • • ·.' ' • • -7- COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT RESOLUTION NO. 19, SERIES OF 1970 BE ADOPTED AND APPROVED. 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 c arri ed. ****** RESOLUTION NO. 20, SERIES OF 1970 A RESOLUTION INCREASING THE HOURS OF OPERATION OF THE MUNICIPAL COURT; INCREASING THE COMPENSATION OF THE ENGLEWOOD MUNICIPAL JUDGE, THE ASSISTANT CITY ATTORNEY, AND ESTABLISHING THE MUNICIPAL COURT CLERK AT GRADE 16. (Copied in full in the official Resolution Book .) COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 20, SERIES OF 1970 BE ADOPTED AND APPROVED. 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 DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 20, SERIES OF 1970 BE AMENDED BY ADDING TO SECTION 3 AFTER THE WORD JUDGE THE FOLLOWING, "OR $65.00 PER DAY." Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhor ity , Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO . 21, SERIES OF 1970 A RESOLUTION APPROPRIATING ADDITIONAL FUNDS FOR THE EXTENSION OF MUNICIPAL CO URT OPERATIONS BY EIGHT HOURS PER WEEK. (Copied in full in the official Resolution Book .) COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 21, SERIES OF 1970 BE ADOPTED AND APPROVED. 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 . . , .• \ ! 'f I • • f I • • • • -8- The Mayor declared the motion carried. * * * * * * City Manager Dial reported that City Attorney Berardini is preparing an ordinance setting forth guidelines for approval by the Water and Sewer Board of encroachments on City property under the control of the Utility Department, specifically, the City Ditch. ****** RESOLUTION NO. 22, SERIES OF 1970 A RESOLUTION ESTABLISHING BONDS FOR EMPLOYEES OF THE CITY OF ENGLEWOOD IN ACCORDANCE WITH THE REVISED CITY CODE OF THE CITY OF ENGLEWOOD, COLORADO. (Copied in full in the official Resolution Book.) COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 22, SERIES OF 1970 BE ADOPTED AND APPROVED. 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. * * * * * * City Manager Dial presented a memorandum from Mr. Kells Waggoner, Director of Public Works, and Mr. Stephen A. Lyon, Director of Finance, recommending that certain traffic signal equipment be exempt from the bidding procedure. Mr. Dial discussed the reasons for the recommendation. It was the consensus of City Council that an ordinance be prepared following the recommendation. * * * * * * Mr. Stephen A. Lyon, Director of Finance, gave a report concerning flood insurance, flood plain zoning, and the Urban Drainage and Flood control District for the City of Englewood. It was the consensus of City Council that no action be taken in pursuit of obtaining flood insurance at this time. * * * * * * City Manager Dial requested the approval of the attendance o f Fire Chief Hamilton to the 9th Annual International Association of Fire Chiefs Conference in Seattle, Washington, August 9 through 13. 1970. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE ATTENDANCE OF FIRE CHIEF HAMILTON TO THE 9TH ANNUAL INTER- NATIONAL ASSOCIATION OF FIRE CHIEFS BE APPROVED AS REQUESTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. . , •· \ r 'r I • • f 32xl • • • • -9- Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial reported that Colorado Day would be on August 3, 1970 and that this would necessitate the rescheduling of the public hearing on the rezoning which had been previously set for August 3, 1970. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF THE NORTHWEST CORNER OF WEST THOMAS AVENUE AND SOUTH BEVERLY DRIVE FROM R-4 TO I-1 BE SCHEDULED FOR THE FIRST OFFICIAL MEETING OF THE ENGLEWOOD CITY COUNCIL IN AUGUST, 1970, AT 8:00 P .M. 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. * * * * * * City Manager Dial stated that he had received a request from the downtown merchants to utilize sidewalks in the 3300 - 3400 blocks of South Broadway and adjacent streets during Old Fashion Bargain Days, July 16 through 18. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE USAGE OF CITY SIDEWALKS FOR MERCHANT DISPLAYS AND SALES DURING OLD FASHION BARGAIN DAYS, JULY 16 THROUGH 18 !N THE VICINITY OF THE 3300 AND 3400 BLOCKS OF SOUTH BROADWAY BE AUTHORIZED. 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. * * * * * * City Manager Dial stated that a Utility franchise check in the amount of $34,500 had been received from the Public Service company for the p revious quarter. * * * * * * City Manager Dial discussed the establishment of a study session on July 27, 1970. * * * * * * City Manager Dial stated that the recent ruling by the Colorado Supreme Court overturning the Mountain States Telephone rate increase was due in large part to the efforts of the Colorado Municipal League and City and county of Denver in appealing the original rate increase granted by the Public Utilities Commission. * * * * * * ·.' .• \ ! '! I • • f --· I. 1 • • -10- City Council discussed a proposed traffic study of traffic within the Englewood area. ****** councilman Kre i ling stated that he had attended a public h earing earlier in the evening in Greenwood Village concerning the extens i on of South Clarkson from Broadway to Orchard Road. Mr. Kreiling stated that the reaction of those citizens attending the me et i n g was not favorable . * * * * * * counc i lman Lay e xpressed his appreciat i on for th e sympathy and courtesy h e had rec e ived by the Council and administration after t h e passing of his father. * * * * * * Councilman Lone stated that he wished to thank members of City Council on behalf of the Englewood Jaycees for their contribution to the fireworks display and for the utilization of Centennial Park. * * * * * * COUNCILMAN BROWN MOVED, COUNCILMAN LAY 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: None. Absent: None. The Mayor declared the motion carried, and the meeting adjourned at 11:35 P.M. I • • 0 ' . . -.. • • REPORT TO CITY COUNCIL Consolidation, Annexation, Dissolution Annexation of Municipalities A review of the pertinent State Statutes regarding consolida- NEWS RE LEAS I·: July 20, 1970 The appointment of Mr. James L. !ilpinger as Plannin~ Director was announL·ecl today by stanley H. Dial, City :\tanager of the City of Englew(lnrl. :\1 r. !ilpinger, recent Planning Director for the City of 1\lstin, California, bas also sern·rl as Plannln~ Administrator for the City ,,f Pacifica, California and Planner I fill ~ort Worth, rexas. He is a graduate of Michigan State l 'niversity where he received :1 de~ree In Urban Planning. He has bet-n active In varlool'l professional o r~anizntions and In many community sen·tce activities in 1\lstin. Enl(lewood and Tustin are communities of approximate!~ the same sl7.e. 'We feel e..;t remely fortunate ln being able to appoint James Supin,;cr· and feel th"'t he will be of tremendous help to the community In this unique stage of Its development," Mr. Dial stated. 'His foresighted pl :mninl!. a nd accomplishments In the 'ity ot Tustin will be of immediate assistance." :\1r. Dial ind l.-a ted that Mr. Supinger Is expected to begin working o n 1\londay, J uly 27 . Mr. Suplnger Is not married. :\lr. stanlev 11. 01:~1 City ~lanal!,l'r ('ity of Englt>\\OOrl, Colorado 0110 S HD ics .. . I • • •• ' r • f 'f , - • NEWS RELEASE July 20, 1970 • The appointment of Mr. James L. ii!plnger as Plannln!( Director was announ•·ed today by stanley H. Dial, City :\lanager of the City of Englewnorl. :\1 r. ii!plnger, recent Planning Director for the City of Tustin, Callfornla, bas also ser\'l'd as Planning Administrator for the City ,,f Pacifica, California and Planner I fot Fort Worth, rexas. He is a graduate of Michigan state l 'niverslty where he received :1 degree In Urban Planning. He has bet-n active In varlou!' professional organizations and In many community sen-Ice activitieR in Tustin. Enttle\\ood and 1\lstin are communities of approximate!~ the samE' sl~:e. ·we feel extremely fortunate In being able to appoint James Suplnger and feel that he will be of tremendous help to the community In this unique stage of Its development," Mr. Dtal stated. 'His foresighted planning and accomplishments In tht-City ot Tustin will be of Immediate assistance. •• Mr. Dial Indicated that Mr. Suplnger Is expected to begin working on Monday, July 27. Mr. Suplnger Is not married. :\1 r. stanlev II. Dial City l\lanagcr City of Engle\\ onrl, Colorado ROllO SHD/cs .. I • • I ! I '!' ,- • ~- • • REPORT TO CITY COUNCIL Consolidation, Annexation, Dissolution Annexation of Municipalities A review of the pertinent State Statutes regarding consolida- tion and annexation of existing municipalities or to other munici- palities is found i n CRS '63, Chapter 139, Article 8 and Chapter 139, Article 9, as amended. A. Chapter 139, Article 8 -Consolidation This Article provides for the joining together of two or more contiguous municipalities into a new consolidated city. The statutory method to effect consolidation of this type is generally as follows: 1. The councils of such cities must appoint from officers or citizens, three commissioners to arrange and report to each council the terms and conditions of the pro- posed consolidation. 2. These terms and conditions are: a. A name for the new city. b. Provide the number of wards into which the new city shall be divided and fix ward boundaries. c. The council of each of the cities approve the terms of the consolidation by ordinanc~. d. Submit by ordinance the question of consolida- tion and the terms and conditions proposed to the electors of their respective cities. (others mentioned later) 3. Election takes place at a regular or special election depending upon the effective date of the approving ordinance. The election is governed by ·"Colorado Municipal Election Code of 1965." .. I • • • • 4. In case the proposition for consolidation is ap- proved by the Qualified Tax-paying Electors by each of the cities involved, the mayors then of each must at once issue a joint proclamation announcing an election of officers for the consolidated city. a . A Notice of Election is given. b. Election is held for a mayor and two aldermen for each ward to take office and hold the same for a two-year period commencing on the second Monday after the Election, and organize the cit y council. At this point and time consolidation ls deemed to be complete. Terms of office of each and all offices of the previously ex- isting cities so consolidated cease. 5. At the first meeting of the council of the consolidated city, or as soon as possible thereafter, a resolution must be passed adopting in a body the ordin;mces of one of the cities forming the consolidated city and the council is also required to make appropriations by ordinance for the expenses of the unexpired portion of the then current fiscal or municipal year. 6. Bonded indebtedness of each of said cities prior to consolidation remains a debt of that portion of the city even after consolidation. Floating indebtedness of each of the cities prior to consolidation is to be ascertained at the next annual levy of taxes after consolidation. The council shall make a special levy from each of the cities as they existed prior to consolidation for payment of floating indebtedness. (The terms of consolidation may make other provisions for bonded or floating indebtedness.) -2- . , I ! ~ I • • ' 2X • _j_ • • 7. The new municipality is required to defend all lawsuits pending against any one of the cities at the time of cons o lidation. (Terms of consolidation may make provisions for payment of judgments or liabilities). Chapter 139, Colorado Revised Statutes, Article 8, also sets out a way by which other municipalities may be annexed. This article is the same as that set out above by Section 13, which I set out in full as an amended adjoining· municipality. 139-8-13. Annexing municipalities. (1) When any city or incorporated town shall desire to be annexed to another and contiguous city or in- corporated town, the council or trustees of each of such cities or towns shall appoint a total of three commissioners to arrange and report to such council or trustees respectively the terms and conditions on which the proposed annexation can be made. If the council or trustees of each of such cities or towns approve of the terms and conditions proposed they shall so declare, by proper ordinance. Thereupon the council or trustees of each of such cities or towns by ordinance passed at least thirty days prior to the regular election therein or at least thirty days prior to a special election for that specific purpose, may submit the question of such annexation, upon the terms and conditions so pro- posed, to the registered electors of their respective cities or towns. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". (2) If a majority of the electors of each city or town vote in favor of such annexation, the council or trustees of each shall so declare by proper ordinance. A certified copy of the whole proceedings for annexation of the city or town to be annexed shall be filed with the clerk and recorder of the city or town to which the annexation is made and the latter shall file with the secretary of state, and in the clerk and recorder's office of the county, a certified copy of all proceedings had by both of such cities or towns in the matter of annexation. -3- . . . I . • • ,_ l - • • l ~ .. .. 1 ... RO LL CALL {!) I . • .. • • t l - • • ·, . . . ROLL CALL ) / // / I . • 0 . . . .. , .. • ' r ' " '32xl ] I-- 1- >--- ..___ r I I ~ 0 u ~ ROLL CALL t/) t/) ~ >< ~ ~ BROWN T -DHORITY -KREILING LAY ____, LONE 1giD'_I J S~l-lWII.R T \ );; - I --- <.. .> ,~ _./ • • • ;;/ /.f t7. ./ <_,P. .. ,..,....,...~ ',/ .. t r- ~c:?7 ~·/;/ ~ ?_ /,I ...-c:-· fr v c r~·-0 /,... 1/ ( '- • ~ r (~ .f • ,.-;:'f f r sr:,.-... • /:> I • • 0 ' . , _, \ ! I '! '32xl ROL L CALL ~/),/&'~" / _:>/ jc) ~ . 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