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HomeMy WebLinkAbout07/14/1975 MINUTES July 14, 1975 The two hundredth and ninet.y-second regular meeting of the Wheat Ridge City Council was called to order by Mayor Roesener at 7 30 aT 4355 Field St.reet p m. Councilmen present were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also attending were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, City Treasurer James Malone, st.aff and interested citizens. Motion byCouncil~nTurner "I move the Minutes of May 22, 1975, May 29, 1975, June 9, 1975, June 23, 1975 and June 30, 1975 be approved." Motion was seconded by Councilman Merkl and passed 4-2. Councilmen Howard and Hulsey voted "nay." Councilman Howard questioned why approval of the Minutes takes so long since only Councilman Turner makes Motions for approval of them. Application for vacation of a street on the south side of property bordering W. 29 Avenue at Xenon was scheduled. The applicants were Robert and Ida Smith of 2905 Xenon St.reet. This is Case wV-75-o1. Dennis Zwagerman, Director of Community Development stated the Planning Commission recommended approval. The Police Dept. had some concern that if this street connected with Youngfield it would offer better circulation. Councilman Howard questioned who owned the property to the sout.h and how much of the vacation would go to the applicant.. City Attorney Fox stated if there is abutting ownership then there is a possibilit.y that 50% would go to each party but at this time he did not have al~ the facts. The area of the strip is 125'X25'. Mrs. Robert. D. Smith of 2905 Xenon stated the propert.y south of ~he area in question is not part. of the Bosick property and has a private ownership. They are requesting this because the area is vacant. and people use it. as a dump and they have been kee~ing the weeds cut themselves. Motion by Councilman Cavarra" "I move we deter action on this case (WV-75-o1) until Mr. Fox can research some9these questions brought up tonight." Motion was seconded by Councilman Donaldson and passed 5-1. Councilman Hulsey voted "nay." Case WS-75-o4 a minor subdivision preliminary and final approval of the plat at lu. 50 Avenue and Kipling Street by applicant Kipling 5000 was scheduled. Dennis Zwaqerman stated the land isdzoned commercial-one and this is a 5 lot commercial subdivision~~ at the north edge of Public Service Co. RoL and Olympia Ridge Apts. He stated it meets all the sub division requirements except that lot 5 does not face on a publicly dedicated roadway. ~je stated the City of Arvada is studying allignment of Kipling and dedication by the applicant is on the southern edge of the Public Service Co. ROW which is 3D' and 30' of off Kipling 5000. The Staff recommenDs approval and that the applicant meet all the subdivision regulation requirements that can be met which means that the regulations would be varied to offer access to Lot 5. Councilman Turner asked if the dedication is attached to the property and Mr. Zwagerman stated it was not attached. Councilman Turner asked if Council could make a t.otal variance of the subdivision regulation upon recommendation of the Planning Commission and if there was an" dedication on Kipling. Mr. Zwagerman stated the Planning Commission had recommended the variance and that there is 55' dedication along Kipling the ent.ire length of the proper~y MINUTES - 7/14/75 - Continued -2- Dwiqht Griqqs, attorney at 5751 Wadsworth Bypass stated the applicant and all owners of Kipling 5000 were present. He staTIm he owns an interest in Kipling 5000 and he stated he feels there will be access to Lot 5 via an easement from Public Service Co. on their ROW. He stated they need to start development to receive some revenue from the land. He stated they will sel~ off 'he lots or build to suit. Ralph Johnson of Wheat Rld~e Water District stated the area can be served by that district. No one appeared in opposition. Motion by Councilman Hulsey location of West 50 Avenue and the approval be subject to the ROW at this time." Motion was passed 5-1. Councilman Howard "1 move Case WS-75-o4 - Kipling 5000 Kipling Street be approved and that waiver requirement of Lot 5 to Public seconded by Councilman Donaldson and voted "nay." Mr. Jerman reqllested approval of a revised expenditure plan for Revenue Sharing Fund for 1975. He stated that 2 dump trucks, 3/4 ton cab truck and street sweeper are not going to be bought and so the expenditures from the fund would be directed to Concrete pathways, professional engineering services, calculator, steel forms, W.29Ave. & Gray street repair, contract street overlay and construction and estimated short term labor pool employees. This itemized list is attached to the Minutes. Councilman Turner qJestioned if $60,000 was adequate to do the work for all of the walkways. Mr. Jerman stated he wouldn't know until all the bids come in. Councilman Turner stated at a meeting with Mr. Jerman, Centennial Engineers and Ward III representatives she had been told they were reasonably sure W. 32 Avenue would not be done this year and stated that $60,000 was more than adequate if the projects had been left in asphalt. Motion by Councilman Merkl "I move for approval of the revised expendutire plan from Revenue Sharing Fund for 1975." Motion was seconded by Councilman Hulsey. Councilman Cavarra stated she would vote against the Motion and had been consistently against the labor pool people and the steel forms were to have been used by the inhouse crews. CO'Jncilman Turner asked if revenue sharing funds can be used for labor or are they for capital improvements, and that the City had been very short sighted firing their own men and now hiring labor pool men. Mavor Roesener stated the men released couldn't be kept for $10,000 and that the forms were used at W. 31 Ave. & Wright. . Question was called on Motion and Motion passed 4-2. Councilmen Turner and Cavarra voted "nay." Request for approval of payment of $125,184.83 to Colorado State Dept. of Highways for the bridge at W. 44 Ave. and Clear Creek was scheduled. Mr. Jerman stated the encumbrance was short approximately $400 and there would be a final billing to follow. The agreement stated the amount of $124,700 is not be be exceed by 10% without written notice. City Treasurer Malone stated the amount requested exceedslast year's encumbrance of $124,700 and that there is no excees money in that account. He recommended paying the encumbered amount out of the 1974 budget and with the final billing pay the balance. Motion by Councilman Cavarra "1 move for approval of payment in the amount of $124,700.00 to Colorado State Dept. of Highways for the City's share of the bridge construction at W. 44 Ave. and Clear Creek. to be charged to Account 244, 1974 encumbrance." Motion was seconded o 0 T td" if by Councilman Donaldson and passed 5-1. Councilman urner va ,e nay -----.--.----"..-..----- MmUTES - 7/14/75 - Con l;inued -.:;- Motion by Councilman Howard "I move we authorize payment of the second half of the 1975 participating member contribution to Denver Regional Council Governments in the amount of $2,100.00 to be charged to Account No. 410.50." Motion was seconded by Councilman Hulsey and passed 6-0. Recommended additions to Schedule II. of the 1974 Model Traffic Code for 20 MPH streets by Council were given as follows From Councilman Cavarra Swadley Street from W. 32 Ave. north to W. 34 Avenue and from Councilman Hulsey Ames Street from W. 40 Avenue to W. 41 Avenue. Motion by Councilman Turner "I move these recommendations to the schedules of the Model Traffic Code be forwarded to the Public Works Department." Motion was seconded by Councilman Hulsey and passed 6-0. Motion bV Councilman move Item 6.B. Report item on the Agenda." rurner "I move that we change the Agenda and from the Public Works Committee to the next Motion was seconded by Councilman Merkl and passed 6-0. Several members of the Public Works Committee WeB present to present their 6 month report. Mr. Frank DeCoster of 2955 Quay gave a summary of the projects given to the Committee and what they had accomplished since their inception on 12/16/74. They are as follows 1. Created a plan to answer petitions in writing. 2. Studied the W. 26 Ave. paving project with Lakewood. 3. Signalization of W. 44 Ave. 4. Street condition survey, including unfinished priorities of 1973 and 1974 plans. 5. Dealt with uniform traffic control. 6. Requested by Council to review an amendment to Ordinance 34. 7. After defeat of the bond issue, they desired to work on a master drainage plan. 8. Designed 8 mile street plan of projects for 1975 with added recommendations from Council such as W. 29 Ave. & Gray and 2 other mad sections. 9. Recommended to Council a policy of replacing curb, gutter and sidewalk. 10. Asked to do a study of cost of contracting work vs. inhouse for the Public Works Dept. Later Council decided to contract out the work without the Committee's recommendation. 11. Due to budgetary restrictions they were told to come up with a 4 mile plan and their recommendation was given to Council, but he was unsure if it was ever approved. 12. Last week, the Committee got a copy of a revised plan that came from the City Administrator and the new Public Works Director. Mr. Decoster stated the Committee wished to ask a few basic questions It had been their understanding that the Mayor wanted them to be objective and look at the needs and priorities from a Public Works point of view. The new revised 4 mile plan had not been given to the Committee for their recommendations and there is a 25% variation from their recommendations. Furthermore each ward is distinctly represented with the approximate mileage. He stated on this plan are various small projects which had been his understanding that city crews would do. He asked upon what basis did Council make t.he decision to go to contract and have the staff reduced. It was stated that the Committee declined to do the study after Council had already made their decision. Mr. DeCoster asked who is responsible for the curb, gut.ter and side@alk in the City and that a policy shoul~ be made. He cited the W. 29 Ave. and Gray project. Councilman Merkl stated curb, gutter and sidewalk were replaced at W. 31 Ave. and Wright. City Administrator Jerman stated that had been an emergency project authorized by the Public Works Director and his direction and was under $1,000 in cost. MINUTES - 7/14/75 - Continued -4- Councilman Turner felt that replacing the curb and gutter at W. 29 Ave. and Gray would be precedent setting. Councilman Cavarra stated she hoped they got answers to their questions as the street plan did mysteriously appear and the decision of contracting versus inhouse work. Mayor Ho~er Roesener s~ated he disagreed and thaT he had fiscal responsibility to the Clty. The PubllC Works Dept. had 44 people budgeted. They had remodeled a room for $4,500 and on the last report 1400 man hours had been spent which he felt was wasteful. He stated he had wanted a change in the Public Works Department and it "had to be cleaned up and was an absolute travesty." He cited a serious drainage problem caused by the City as a problem and that the Public Works Dept. had needed a massive overhaul and there were matters that were "highly suspect." Most of Council concurred with the actions and that he wanted it made clear that he was not "putting the total Public Works Dept. down." He added he was amazed there was a $100,000 slush in the departments budget, and that with savings from the budgets the city had given pay raises. He added that he had never interferred with the Committee's operation. Mr. DeCoster stated that his questions had had nothing to do with personnel in the department and that there were some questions to still be answered. Councilman Turner stated there is some question whether or not this action had been fiscally responsible or not and asked if the committee had been under the impression that there had been money for the 8 mile plan. Mr. DeCoster stated "yes." Councilman Turner stated the Committee's 4 mile plan, when given to Council, had not any indication on it that it was from the Committee. Mr. DeCoster asked how the City arrived at the new 4 mile plan. Doris Anthony of 3113 Teller stated the Committee had worked hard on the plan, and asked if the Committee was going to act as an advisory committee to Councilor were they going to disband. She stated the committee had driven every street in the City under all weather conditions. Councilman Merkl stated 75% of the plan had been accepted by Council and it was Council's peTogative to change it. Mr. Decoster agreed it was Council's perogative and they were strictly an advisory body but the procedure had been in the past to refer items to them for advice. He asked again why was the plan changed and upon whose advice. Ben Thies stated that Council twice approved the planCs) 100%. Councilman Merkl diiBgreed and that Council had approved tentatively the plan so that work could begin. Mayor Roesener introduced Clyde Hobbs, Director of Public Works and stated he was going to appoint him as permanent director. Mr. Hobbs stated he had personally reviewed the streets but had no knowledge of the Public Works Committee report and didnot review it. He stated from his review he had noted the streets in his opinion to be repaired. He stated he had not been contacted by the Committee yet. Ben Thies stated that the Public Works program is now on a Ward basis which blew the concept of the benefit to the most people. Councilman Merkl Elated he felt the program was evenly distributed throughout the City. Mayor Roesener stted he hoped the Public Works Committee stayed together and continued to function. Motion by Councilman Turner "I move for approval of the portions of the proposed street plan which were recommended on the original 8 mile plan accepted by the Council in March be approved as the street plan for 1975, and those streets added now which were not mentioned at any time before be omi t.ted." Motion was seconded by Councilman Cavarra and was DEFEATED 4-2. Councilmen Donaldson, Howard, Hulsey and Merkl voted "nay." Motion by Alderman Merkl "I move the revised 1975 street improvement plan for the City of Wheat Ridge dated 7/7/75 be approved as prese~ted." Motion was seconded by Councilman Donaldson and passed 4-2. Councllmen Turner and CavaTra voted "nay" and Mrs. Cavarra stated she.was sorry _ th were back to Ward politics and that 95% to 99% of thelr recommendatlons ., ey h M' t had not been accepted. The plan is attached to t e lnues. MINUTES - 7/14/75 - Continued -5- Motion by Councilman Hulsey "I move to award the bid of purchase of a budget reporting system to the low bidder Response of Colorado Inc. at a cost not to exceed $2,300.00 to be charged to Account 417.32." Motion was seconded by Councilman Merkl and passed 5-1. Councilman Turner voLed "nay." Ordinance No. 176 amending Ordinance No. 50 pertaining to the method of notificarion of weed violations was introduced by Councilman Metkl and was read in full. Motion by Councilman Merkl "I move for the adoption of Ordinance No. 176 on first reading (and ordered it published and posted.)" Motion was seconded by Councilman Donaldson and passed 5-1. Councilman Turner voted "nay" Dennis Zwaqerman stated on second reading they will come in with an amendment requiring the weeds to be cut to the centerline of the street and/or alley. Ordinance No. 177 authorizing to erect public signs which may be "of an! type, number, area, height above grade, location, illumination or animation" was introduced by Councilman Donaldson and was read in full. Mr. Jerman stated the parks department could not get a permit for their wooden sign and this was what precipitated the ordinance. Councilman Turner asked what the purpose of the restrictions in the sign code were. Mr. Zwagerman stated they were for safety and the sign ordinance doew allow the City to exempt themselves. Councilman Turner recommended using the wooden sign as decorative inside the park. Mayor Roesener stated once inside the park there is no need for a sign and this was not an attempt to circumvent the law. Councilman Howard asked if under the existing the present public information signs were legal and Mr. Zwagerman stated "no." Councilman Turner stated the ordinance should be amended to allow the smaller public signs like the City is using presently only. Councilman Cavarra 8;}reed. Motion by Councilman Turner "I move to amend the Ordinance under Section 1. to read 'The City of Wheat Ridge may, subject to the approval of the Director of Community Development, construct and erect small, minimum size metal signs only for public purposed, and delete the Uiance of Section 1 (as written), and that the title be amended to add the ordinance is amending the sign code section of Ordinance No. 98." Motion was seconded by Councilman Cavarra. Councilman Hulsey stated the sod house sign would then be illegal, and Councilman Turner this is only for signs that do not meet the setback requirements. Question was called and MOTION WAS DEFEATED 4-2. Councilmen Donaldson, Howard, Hulsey and Merkl voted "nay." Motion by Councilman Donaldson "I move that Ordinance No. 177 be approved on first reading and be ordered published and posted." Motion was seconded by Councilman Hulsey and passed 4-2. Councilmen Turner and l1varra voted "nay." Ordinance amending Ordinance No. 98 pertaining to special uses in C~ zoning was deferred one week. Ordinance No. 178 repealing all ordinances dealing with personnel and adopting rules and regulations pertaining to the Merit System was introduced by Councilman Merkl and the title was read only. City Attorney recommended the following change in the title Change 'and further establishing personnel rules and regulations' to 'and further authorizing the establishment of personnel rules and regulations' and in Section 1-3 change 'these' to 'the.' Council agreed. Councilman Howard asked if the Personnel Commission had verified the rules and the newest revisions. Dora Piccoli answered "yes." MINUTES - 7/14/75 - Continued -6- Councilman Turner stated under Section 4. what Council's opinion was t?chang7 ~he annual pay survey wording to read 'Annually the Llty admlnlstrator shall cause the compensation schedule to be revlewed. Such compensation scheduleshall be reviewed by the Personne~ Commission and submitted with the Commission's recommendations to +~e.Clty Council. for a decision as to whether or not budgetary condltlons can conslder those recommendations' Mayor Roesener stated the ordinance doesn't state the City Council is bound to give a raise. Councilman Hulsey stated the employees should have a survey e~7ry year. Councilman Cavarra sta-ed if for certain positions the prevalllng rates of pay are being paid for the service performed does a survey on every position have to be made. ' Motion by Councilman Merkl "I move for the approval of 178 on first reading and order it published and posted." was seconded by Councilman Hulsey and passed 6-0. Ordinance Motion No. Motion by Councilman Merkl "I move we allow the Parks and Recreation Director Ward Horton to attend the 1975 Congress for Parks and Recreation in Dallas, Texas on October 19-23, 1975." Motion was seconded by Councilman Hulsey and passed 6-0. Motion by Councilman Cavarra "I move we approve the payment of $1687.10 to Lane Engineering for engineering services regarding the Greenbelt Trail to be charged as follows Conservation Trust Fund $886.04 and Park Acquisition Fund $801.06." Motion was seconded by Councilman Hulsey and passed 6-0. Motion by Councilman Merkl "I move the meeting not be allowed to~ past midnight." Motion was seconded by Councilman Turner and paesed 6-0. Mr. Jerman stated the sign material ordered and authorized by Council was adequate for the school speed limit signs. Mr. Jerman stated he would like to present ratification of Clyde Hobbs and permanent Director of Public Works. Councilman Cavarra asked why was this necessary if this was an administrative appointment. Mayor Roesener stated it was important that the Director work "with no cloud over him." Councilman Cavarra felt the lack of advertizing for the position might be in violation of the Affirmat-ive Action Program and such procedure had never been done before. Councilman Howcrd felt the procedure of the past should be followed to allow for advertizing and competing for the job. Councilman Turner stated she had requested a statement in writing from the City Attorney stating this was proper and the Mayor had the power to appoint the position without competition. Motion by Councilman Hulsey "I move that Clyde Hobbs be ratified as the Public Works Director of the City of Wheat Ridge." Motion was seconded by Councilman Donaldson and passed 5-1. Councilman Howard voted "nay." Councilman Cavarra stated it was Council's perogative to set the salary, and Mr. Jerman stated Council only sets the range of t~ salary. City Attorney Fox had distributed an interpretation of HB 1377 Special Improvement Districts and stated in general it was all encompassing for any improvement. There is a 2 mill levy restriction for funding. Councilman Howard questioned if two drainage districts were formed would only those people affected be charged or the entire city. Mr. Fox stated it would need the language of a sanitary sewer system of the City and then there can be assessment of all the real estate in the district. If the amount of money needed is over 2 mills an election is required, but the money would probably be required beforehand. The statement is attached to the Minutes. Motion by Councilman Turner "I move that Council authorize payment of $58.80 to cover the expenses of a room for Mr. Steve Lund At the Colorado Municipal League convention at Calorada Springs to be charged to Account 416.16." Motion was seconded by Councilman Donaldson and passed 6-0. MINUTES - 7/14/75 - Continued -7- Councilman Turner requested that copies of Mr. Fox's contract be distributed to Council. A memo from the City Clerk had been distributed requesting clarification as to who could go to the annual dinners of committees and commissions authorized by Council. A warrant had been received for $19 a person with 8 additional people orher than committee members. The Motion authorizing the dinners states only that committee members and their spouses attend. Also it was recommended that some department be authorized to contact all committees that they are entitled to such a dinner. Councilman Hulsey queried the Clerk if the bill had been held up. The Clerk stated the warrant had been signed, the check has not been made yet and that the bill was dated 5/20/75 and she did not know where it had been all this time as she had received it in July. In answer to a question she stated the warrant had been signed 7/14 75. City Attorney Fox read a quote from HB 1089 stating the clerk countersigns warrants and is attesting the signature of the Mayor. Louise Turner stated she had been told by Mr. Fox when she had been City Clerk that the Clerk is cosigning the warrant and it is the Clerk's right and obligation to question, and nothing improper had been done. City Attorney Fox read the definition of countersign which vouches fur the authenticity of the signature of another, and this language is in the new law of HB 1089. Councilman Turner asked if this was a change over the old law, and Mr. Fox stated it is in HB 1089. Councilman Donaldson stated he had heard the Director of Community Development had been questioned who had attended a luncheon he had authorized, and Mayor Roesener stated he "doesn't want the City Clerk to question department heads." It was stated the Clerk fu not legally responsible for warrants. Councilman Turner questioned why it took 2 months for the warrant to get to the City Clerk. Mr. Jerman stated his office processes bills the day they come in, and they received the bill the first week of June and he did not know where it had been. Mayor Roesener stated he had 7 standing committees and it would be an administrative functlon to notify them of their dinner. The Clerk stated she had counted more like 13 committees that met regularly. Councilman Hulsey stated the recommendation of $10 per person is "ridiculous" and he felt the City Administrator, Mayor and Councilmen who attend the comittee meetings should attend the dinners. Councilman Turner stated since there is a policy that only commission members and their wives can attend, perhaps it should be changed. Mayor Roesener agreed. She also stated that at the time of the previous policy no alcoholic beverages were included at city expense, and asked if this policy was still in effect. Councilman Hulsey stated alcohol goes along with dirrers, and this is ridiculous and the bill should have been paid. Councilman Cavarra stated she thought it might be a good idea to have an annual dinner with all the committees invited. This would allow better communication. Councilman Merkl also stated that the City had not yet had their usual Saturday meeting with all of the committees and commission to give reports and have a luncheon. Motion by Councilman Cavarra "I move that a decision on the replacement to the Personnel Commission be deferred one week." Motion was seconded by Councilman Donaldson and passed 6-0. The c~mmunications listed on the Agenda were acknowledged. The letter from Linda Jensen pertaining to an injury due to the bad conditions of the tennis courts at Panorama Park was brought up. Mr. Jerman stated no claim had been made. Mr. Horton stated he plans to provide funds to correct it in the 1976 budget. Cduncilman Hulsev noted MINUTES - 7/14/75 - Continued -8- that: the request: by students to Jefferson County Schaal Distric t for H8RUd~aur~ had been turned down. Councilman Merkl brought up the idea of using II the reservoir for recreation again. Ward Harton stated he had looked into this idea. Councilman Turner stated some people had contacted her stat~ng it was too bad the City had money t:o light Kipling which had not been requested, but did not have funds to light tennis courts Councilman Cavarra asked if schaal grounds were being used in the recreation programs and Ward Horton stated "yes." Meeting was adjourned at 11 50 p.m. ~l~ APPROVED ~~-'f;.,.. """,: I MINL~cS ATTACHMENT July 14, 1975 Pag e 1 t\il r::IJf REVISED 1975 STREET IMPROVEMENT PROGRAM CITY OF WHEAT RIDGE July 7, 1975 Ward I -- 1. Pierce From 26th Ave. to 32 [lci Ave. 0.52 2. High Court " 35th Ave. to 38th Ave. 0.23 3 32nd Avenue " Depew to Sheridan 0.25 4. Reed " 29th to 30th Ave. 0.14 5. Ames " 29th to 200 ft. So. W. 28th 0.13 6. Chase " W. 32nd to W. 33rd 0.13 Total 1.40 miles Ward II *1. Harlan St. From W. 38th Ave. to W 44th Ave. .48 . 2. Otis " W. 48th Ave. to W. 47th Ave. .12 3. Cody " W. 48th Ave. to W. 46th Ave. .17 4. Otis " W. 38th Ave. to W. 41st Ave. .25 5. Holland " W. 44th Ave. to W. 45th Ave. 300 ~ .09 6. 41st & Kendall South of W. 41st Ave. on Kendall 7. 48th & Dudley . . South of W. 48th Ave. on Dudley 200' 8. 48th & Dover South of W. 48th Ave. on Dover 200' .18 9. 48th & Upham .. South of W. 48th Ave. on Upham 200' Total 1.29 miles *Alternate project--W. 41st Ave. from Harlan to Pierce (.50 miles) Ward III 1. Independence Ct. From W. 38th Ave. to W. 41st Ave. .26 2. Everett St. " W. 44th Ave. to Dudley .22 3. Dudley " W. 41st Ave. to Everett .26 4. Vivian " Crosspsn to 32nd .25 5. 39th Ave. " Zephyr to Wadsworth .15 6. Garrison " W. 32nd to W. 35th .27 Total 1.41 miles RECAP Ward I 1. 40 Ward II 1.29 Ward III 1.41 Total 4. 10 , - Ml JTES ATTACHMENT JULY 14, 1975 Page 2 l.,. IA iTEM -------"!t..C.J o " ~, <"....71 _I TO Maurice Fay FR Stephen Lund HOUSE BILL 1377 (' . vi IUL 1 4 1971., i- t:;- SURJJ::CT ;"-.) ~, "{ "'.- 1 '.. 't. t,- r'M H<, !c, / ~ ;:::-.. -, Part 5, Special Impro\ement Distircts ~n o Cities and Towns (1923 Act) beginning at C R S iCJ73, ---' c~ = 31-25-501, was amended by House Bill 1089 House Bill 1089 was then amended by House Bill 1377, which related specificall} to Part 5 , Special Improvement District House Bill 1377, among other things, provides that the City Council can initiate any improvement authorized by Part 5, Special Improvement Districts, by Resolution declaring its intention to contruct ~uch improvements The cost for the construction of such improvements may be assessed wholly or in part, upon the property specially benefited by such improvements C R S 1973, 31-25-533, grants the Municipality the authority to issue bonds paid for all or portion of the improvements constructed under the provisions of Part 5 The primary change here by Bill 1377 is to authorize the municipalities to payor guarantee the last twenty-fi\e pcrcent of such bonds if "for any reason the remaining assessments are not paid in time, to pay the remaining bonds for the District and the interest due thereon " This guarantee must be provided in the ordinance authorizing the issuance of the bond The City then may reimbursc itself by collecting the unpaid assessments due the District li - L~'''-----lI''l.;r -..... Page 3 \.. OFners to be assessed for the cost of the impro\e~ent It ilso specifics what shall be included 2.1"' t]"'- not.ICt' ~\, ::-~t:rtl1t--' r ':] '-" ?~ )f jl-r-:;27, allol,ecl the property Ohner to P'", the assessment in tlvO or more equal install@cnts of pTlncipal and interest paid a-nually or se,i-annually A1NUTES ATTACHMENT JULY 14, 1975 Page 3 :; fPr----- REVISED JULY 14, 1975 REVENUE SHARING FUND ;( ". , '1 l, "I i I j L;V _.W___'_~4._ REVENUE Federal Grants (estimated) Interest Earnings (estimated) Carryover from 1974 (estimated) $ 117,698 12,000 10,338 $ 140,036 Total EXPENDITURES 731 Transportation (streets) $ 140,036 1. Concrete Pathways - contract W. 41st - Sheridan to Reed High Ct. - 38th to 35th W. 32nd - Youngfield to Holland... .($60,036) 2. Professional Engineering Services - Streets..................($15,000) 3. H-P--21 Calculator..................($ 4,595) 4. Steel Forms.........................($ 4,054) 5. 29th and Gray - street repair.......($15,000) 6. Contract Street Overlay & Const. Work - per adopted 1975 Street Progra~................".....($31,251) 7. Estimated short term la~or pool use - street maintenance............($1o,000) Total $ 140,035 ". n~...u.r- M' - ~ ~~-:- -~~":":'Ir"l'"'~-' -'-~'~~~;"""~"'~~r ~'-"'''':4_~: " / Page 2 for rel re ,} c c purposes , the Improvem nt_, author] -; c1 by , cti. r , \_0 J L 1 " ~, 2cl~ , ~ j :l \., nO" ~ , <0>' curbing, guttering, palLIng or oLheY\\ise ilI'prO\;lng the hhole 01 IJar t uf dn) trei.. t, cil L<_y 01 streets and alleys This includes Yc"O 1 Lruction, rq lc;\.E'meIlL, rencpal, 01' extension of the came This also includes any lu~ 1 im- provements, renehals or extensions thereof which b~ncfit the land abutting on such improvement, such as sidewalks, water mains, or the necessary construction and appliances forthe installation of a system of artificial lIghting Such improvements ma) also consist of the construction of sewers, sewage disposal works, and renewal or extension thereof and such other public works as may be considered necessary and authorized by the Govermment body H B 1089 is further amended by H B 1377, to amend the notice requirements on such improvements, so that the publication of the notice of the hearing on the con- struction of such improvements can be by publication in one issue of a newspaper of general circulation in the municipality, at least fiften (15) days prlor to the date of hearing In addition, each property owner to be assessed must recelve written notice by first class lI'ail sent at the same time that publication is made The statute pro\ides hhat information shall be iHcluded In the notice 31-25-519 has been completely revised to requlre a notice of hearing 01 assessments Thls requlres a pub- lication of the notice of hearing to each of the property