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HomeMy WebLinkAbout1966-11-07 (Regular) Meeting Minutes382 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO NOVEMBER 7, 1966 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, November 7, 1966, in the Council Chambers, City Hall, Englewood, at the hour of 8:00 P.M. Mayor Pro Tern Fullerton presiding called the meeting to order and the invocation was given by Father Kennith Brin of the St. Louis Catholic Church. The Mayor Pro Tern asked for roll call. Upon the call of the roll, the following persons were present: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Also Present: City Manager Dial, Assistant City Manager Malone, City Attorney Criswell, City Clerk Lyon. Absent: Mayor Allen. The Mayor Pro Tern declared a quorown present. Councilman Kreiling stated that the minutes of the October 3, 1966, Council meeting did not reflect that the list of bills contained an error: the consulting charges of Mr. Dale Rea had been erroneously shown as being against the Water Fund when the work that was performed was for the Sewer Fund. ' Councilman Fullerton stated that the discussion of the Dam the Bear Creek Comnittee in the minutes of October 17, 1966 referred to the reservoir being 141 feet high. He stated that the minutes should read dam instead of reservoir. COUNCILMAN HANSON MOVED, COUNCILMAN RICE SECONDED, THAT THE MINUTES OF OCTOBER 3, AND OCTOBER 17, 1966, BE APPROVED WITH THE AMENDMENTS CALLED TO THE COUNCIL'S ATTENTION BY MR. KREILING AND MR. FULLERTON. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. The Mayor Pro Tern recognized the following "Special Citizen Invitees" and welcaned them to the Council meeting: Mr. and Mrs. G.B. Leffler, 3619 South Elati Street. Mr. and Mrs. J.D. Neputi, 4475 South Lincoln Street. Mr. Robert Gerwin of Boettcher and Company appeared before the City Council in regard fiscal agent services for an off-street parking bond issue. Mr. Gerwin presented and read Boettcher and Company's proposal to provide fiscal agent services for the establishment of a general improvement district for off-street parking facilities in the downtown business area. Boettcher and Company's proposal was discussed by the City Council. COUNCILMAN LUDWIG MOVED, COUNCILMAN KREILING SECONDED, THAT THE GENERAL FORM OF BOETTCHER AND COMPANY'S PROPOSAL TO PROVIDE FISCAL AGENT SERVICES BE APPROVED BY THE CITY COUNCIL AND THAT THE CITY OF ENGLEWOOD AGREE TO PAY THE $750 FEE STATED IN THE PROPOSAL IF THE DISTRICT FAILED TO BE CREATED. Councilman Kreiling inquired if it were necessary to have an election to establish this district and if there were an election who would pay the cost. City Attorney Criswell stated that it would be necessary to have an election of property owners in the district only. He further stated that the cost of this election would be borne by the City under the present proposal if the election failed. Councilman Ludwig requested that the wording of the previous motion be changed to read: THAT THE MAYOR AND THE CITY CLERK BE AUTHORIZED TO SIGN THE~LETTER OF AGREEMENT ON FISCAL AGENT SERVICES ON BEHALF OF THE CITY OF ENGLEWOODP COUNCIL- MAN Kreiling stated that he would accept the change in the motion. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. • I I I I I I • I I • Minutes of November 7, 1966 Minutes of the Planning and Zoning Conunission meeting of October 5, 1966, were received for the record. Mrs. D. A. Romans, Planning Director, appeared before Council in regard to the vacating of a portion of the alley from Tufts to Stanford between Elati and Delaware Streets, as recommended in the memorandum from the Planning and Zoning Conunission. Mrs. Romans presented a sketch of the proposed alley to be vacated. Discussion ensued. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION THAT THE ALLEY FROM TUFTS TO STANFORD BETWEEN ELATI AND DELAWARE BE VACATED, BE ADOPTED AND THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAW UP AN ORDINANCE TO ACCOMPLISH SAID VACATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. A letter from the Planning and Traffic Director forwarding the reconunendation of the Planning and Zoning Conunission that Council take steps necessary to accomplish the acquisition of property and installation of the proposed loop in the northeast segment of the South Broadway -Highway No. 70 interchange was received by Council. Mr. Dial discussed the reconunendation with the Council. Minutes of the Water and Sewer Board meeting of October 25, 1966, was received for the record. Minutes of the Board of Career Service Commissioners meeting of October 20, 1966, were received for the record • A memorandum from the Board of Career Service reconunending that hiring of relatives should not be permitted where they would be under the same supervision or in the same department, and if at any time an unmarried person should marry someone within the department, one or the other should resign at that time was received by Council. .. •' ,' I .. . . ,'•: o t;, I• ---- , ~ ... A memorandum from the Board of Career Service reconune·nd.ing that any person who becanes pregnant while in the employ of the City of Englewood shall be ter- minated at the end of the fifth month was received by Council. City Attorney Criswell stated that the policies proposed by the Board of Career Service Commissioners did not require a change in the ordinance but could be approved by motion. Councilman Kreiling stated that the recommended policy on hiring relatives should be discussed by the Council with the Board of Career Service Conunissioners before adoption. councilman Fullerton stated that this discussion should also take place in regard to the reconnended policy on terminating employees who become pregnant while an employee of the City of Englewood. COUNCILMAN KREILING MOVED, COUNCILMAN RICE SECONDED, THAT THE CITY COUNCIL NOT TAKE ACTION ON THE RECOMMENDATIONS OF THE BOARD OF CAREER SERVICE COMMISSIONERS UNTIL AFTER A MEETING WITH THE BOARD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. Minutes of the Public Library Board meeting of October 11, 1966, were received for the record. Minutes of the Board of Adjustment and Appeals meetings of October 12, 1966. · and October 21, 1966, were received for the record. Minutes of the Parks and Recreation Canmission meeting of October 27, 1966, together with reconunendations were received for the record. The City Council discussed the recommendation of the Parks and Recreation Comnission that appraisals be obtained on the property located at 1101 West Belleview and that the $30,000 to be received fran the Land and Water Conservation Fund be used for the purchase of said properties. Councilman Rice stated that the Conmission felt that the land was available for purchase and could be utilized for parking at the Englewood Belleview Park. Councilman Ludwig inquired as to whether the Belleview Park was beyond the present Federal Aid application for park land acquisition. City Attorney Criswell stated that it was. Councilman Ludwig inquired as to whether the City of Englewood could enter into a contract for deed purchase 384 Minutes of November 7, 1~66 basis for acquiring these properties. City Attorney Criswell stated that there is some question as to whether such an arrangement would be valid. In order for the contr•ct .. t6 be ~binding~~hhe Couhcil muat:§pproprtate specifieally and separately the amount of money called for each year. COUNCILMAN RICE MOVED, COUNCILMAN KREILING SECONDED, THAT THE RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION CONCERNING THE ACQUISITION OF PROPERTY LOCATED AT llt>J. WEST BELLEVIEW BE RECEIVED FAVORABLY AT THIS TIME AND THAT THE CITY PROCEED WITH THE INITIAL PHASE OF THE RECOMMENDATIONi THE PROCUREMENT OF A "QUICK" APPRAISAL ON THE VALUE OF THE PROPERTIES IN QUESTION. Upon the call of the roll, the vote resulted as follows: Aye : Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE SECOND RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION, THAT THE CITY ATTORNEY NOT BE AUTHORIZED TO ACQUIRE THE PROPERTY COMPRISING CENTENNIAL PARK UNTIL SUCH TIME AS THE COSTS CAN BE ESTABLISHED AS BEING WITHIN THE CITY'S FINANCIAL CAP- ABILITIES, BE ACCEPTED BY THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. COUNCILMAN LUDWIG MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE THIRD RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION. THAT DEVELOPMENT OF THE BATES-LOGAN PARK PROCEED AT FULL SPEED SO IT WILL BE COMPLETED BY JUNE, 1967, BE ADOPTED BY THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY COUNCIL RECEIVE FOR -.IE RECORD THE MINUTES OF THE VARIOUS BOARDS AND COMMISSIONS UNDER THE COMMUNICATIONS SECTION OF THE AGENDA. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. The following resolution was reviewed by City Attorney Criswell and read in full by the City Clerk: RESOLUTION DETERMINING DESIRABILITY OF STREET IMPROVEMENT PROJECT, THE NECESSITY FOR ACQUISITION OF CERTAIN PARCELS OF REALTY THEREFOR AND AUTHORIZING THE CITY MANAGER TO CONDUCT AN INVESTIGATION TO DETERMINE IF ANY PRIVATE FUNDS ARE AVAILABLE FOR THE DEVELOPMENT THEREOF. WHEREAS motor vehicle traffic in the central business district of the City of Englewood has increased in the recent past and, due to various conunercial improvements which are planned or under development within, or near, the said central business district, it is anticipated that such traffic will continue to increase, and WHEREAS, the aforesaid and anticipated increased traffic has resulted, and will result, in various traffic problems in said district, one of the more notable of which being the lack of effective access between State Highway 70 and South Broadway, and I I I I I I I I Minutes of November 7, 1966 WHEREAS, the City of Englewood has requested that the Colorado State Highway Department budget funds for the construction of an interchange at State Highway 70 and South Broadway, but no such funds have as yet been budgeted, and WHEREAS, the Engineer for the City of Englewood has developed plans for a project which, if constructed, would facilitate access onto State Highway 70 for vehicle traveling north on South Broadway, and which project would be of general benefit to the traveling public and WHEREAS neither the City's 1966 nor 1967 budgets have provided for expend- itures of City funds for the development and construction of said project and neither the 1966 nor the 1967 appropriation ordinances have appropriated funds for said development or construction, by reason thereof, there are no City funds available or to become available within the next 12 months: NOW THEREFORE BE IS' RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO AS FOLLOWS: 1. That the City Council of the City of Englewood should, and does hereby, determine that the project hereinabove described is a necessary and desirable project, of benefit to the public generally, the construction and development of which would require the acquisition by the City of the following described realty located in the City of Englewood and County of Arapahoe: PARCEL ONE: Lots 1 and 2, Block 1, Birch's addition to the City of Englewood. PARCEL TWO: The West half of Lot 50 of Block 1, Birch's addition to the City of Englewood. PARCEL THREE: The East half of Lot 50, Block 1, Birch's Addition to the City of Englewood and that portion of Lot 49, Block 1, Birch's Addition to the City of Englewood described as follows: Camnencing at the SE corner of said Lot SO thence westerly along the South line of said Lot 50, a distance of 15 feet: thence southeasterly to a point on the East line of Lot 49, Block 1, which point is 15 feet South of the said SE corner of Lot 50, Block 1, thence north to the point of beginning. 2. That the City Manager of the City of Englewood is hereby authorized and directed to conduct an investigation to determine if any of the parties who presently own real estate upon which new commercial enterprises are being deve- loped or are planned, would be willing to contribute funds for the purpose of the construction and development of the project hereinabove described and to prepare written agreements between the City and any such parties willing so to contribute for presentation to Council for its consideration and possible approval. ADOPTED AND APPROVED this 7th day of November, 1966. Mayor Pro Tem Attest: I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Resolution duly adopted by the City Council of the City of Englewood, Colorado at a regular meeting thereof held on M ay, the 7th day of November, 1966. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE RESOLUTION BE ADOPTED AND APPROVED. Mrs. D. A. Romans, Planning Director, appeared before Council and read a letter fran Mr. Ed Haase of the Colorado State Highway Department, which stated that Mr. Haase of the Colorado State Highway Department, which stated that Mr. Haase felt that if the proposed Broadway loop were to be shortened appreciably from the present plans it would not allow sufficient roan for stacking the traffic on Broadway and would hinder the widening of the Broadway bridge if the widening should be under- taken at a later date. Discussion ensued. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Parkinson, Rice. Nays: Councilmen Kreiling, Ludwig, Fullerton. Absent: Mayor Allen. 385 Minutes of November 7, 1966 The Mayor Pro Tern declared the motion lost. Discussion of the proposed resolution and the North Broadway loop continued. Mrs. Romans discussed the over-all one-way traffic pattern for the downtown area as it related to the Broadway loop. Mrs. Romans presented a map detailing the Broadway loop and the downtown traffic pattern. COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE PREVIOUS RESOLUTION CONCERNING THE BROADWAY LOOP BE RECONSIDERED BY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. The Mayor Pro Tern called for a vote on the resolution that had been pre- viously read and had failed to be adopted. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. Introduced as a Bill by Councilman Rice. A BILL FOR AN ORDINANCE VACATING A STREET RIGHT OF WAY AND AN ALLEY IN MILLER FIELD. WHEREAS, the City of Englewood has heretofore acquired the realty which presently comprises that park known as Miller Field, and WHEREAS, theEe presently exists within and upon said realty a certain dedicated public street and dedicated alleys which are no longer used as such streets and alleys, but which are being used for park purposes, and WHEREAS, the City is the owner of all realty abutting upon said dedicated street and alleys on all sides thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That dedicated street now known as South Delaware Street between West Ithica Avenue and West Jefferson Avenue more particularly described as follows, to wit: Beginning at the Northwest corner of Lot 1, Block 2, Skerritts Addition to the City of Englewood (which said Skerritts Addition has heretofore been vacated): thence South along the West lines of lots 1 through 16 of said block 2, a distance of 400 feet to the Southwest corner of lot 16, block 17, Englewood Addition: thence North along the East lot lines of lot 16 through 1, said block 17, a distance of 400 feet to the Northeast corner of lot 1, said block 17: thence East a distance of 60 feet to the Northeast corner of lot 1, said block 17: thence East a distance of 60 feet to the point of beginning, all in the Northwest quarter, Section 3, Township 5 South, Range 68 West, of the Sixth Principal Meridian, Ci~y of Englewoo~, County of Arapahoe, State of Colorado. is hereby vacated as a public street and thoroughfare. Section 2. Dedicated alley located between South Elati Street and the dedicated street described in Section 1 hereof, and lying approximately parallel to said streets, more particularly described as follows, to wit: Beginning at the Northwest corner of lot 1, block 17, Englewood Addition, thence South along the West property lines of lots 1 through 16 a distance of 400 feet to the Southwest corner of lot 16, said block 17: thence West a distance of 16 feet to the Southeast corner of lot 17, said block 17: thence North along the East property lines of lot 17 through 32 a distance of 400 feet to the North- east corner of lot 32, said block 17: thence East a dis- tance of 16 feet to the point of beginning, all in block 17, Englewood Addition, a subdivision in the Northwest quarter of Section 3, Township 5 South, Range 68 West, of the Sixth Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado. I I I I I I I I Minutes of November 7, 1966 is hereby vacated as a public alley and thoroughfare. Introduced, read in full and passed on first reading by the C~ty Council of the City of Englewood, Colorado at its regular meeting on the 7th day of November, 1966, and ordered published in the Englewood Herald and Enterprise. Mayor Pro-Tem Attest: ~~ COUNCILMAN RICE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tem declared the motion carried. The Mayor Pro Tem called a recess of the Council at 10:02 P.M. The Mayor Pro Tem called the Council to order at 10:14 with the follo~ing persons present: councilmen Hanson, Kreiling, Parkinson, Rice, Fullerton.· Absent: Mayor Allen, Councilman Ludwig. The Mayor Pro Tem declared a quor\.D1\ present. Councilman Ludwig entered the Council Chambers at 10:15 and took his seat. Introduced as a Bill by Councilman Hanson. A BILL FOR AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE FOR THE REMOVAL OF BROKEN OR DAMAGED TREES AND TREE TRUNKS, AND DECLARING AN EMERGENCY. WHEREAS, snow, rain, high winds and other factors often cause tree limbs and branches to break off and trees to split and break and become otherwise damaged: and WHEREAS, these tree limbs and branches often lodge in other branches of the trees thereby creating a hazardous and unsafe condition: and WHEREAS, trees which are themselves split or damaged may create a hazardous and unsafe condition: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Chapter 15 of the Municipal Code of the City .. of Englewood, Colorado is hereby amended by the addition of a .new Section 15.31 to read as follows: " 15.31 Removal of Broken Trees and Tree Limbs. It shall be unlawful for the owner or occupant of any lot, block or parcel of real estate within the city, or for any tenant or agent in charge of such property, to allow any trees which are located on such lots, blocks or parcels or on any city-owned property contiguous thereto to stand in a split, broken or otherwise damaged condition, or to allow any broken limbs or branches to remain upon any trees located on any of the aforedescribed property." Section 2. Chapter 15 of the Municipal Code of the City of Englewood, Colorado is hereby amended by the addition of a new Section 15.32 to read as follows: " 15.32 City Removal of Trees and Tree Limbs. If any broken tree limbs or split, broken or damaged trees are allowed to stand or remain in violation of the preceeding section, it shall be the duty of the 387 388 Minutes of November 7, 1966 City Engineer to cause any such trees or tree limbs and branches to be removed and to report the cost and expense thereof, and the legal description and the name of the record owner of the property on which the tree is located or of the property contiguous to the city-owned property on which the the tree is located, to the city clerk-treasurer. Thereupon, the city clerk-treasurer shall file with the county treasurer of Arapahoe County a certified copy of said report and shall direct that the cost and expense shown thereon be placed upon the assessment rolls and tax books of said County to constitute a lien against the property and to be collected in the manner provided by law." Section 3. City Council hereby finds and declares that the passage of the aforesaid ordinance is inunediately necessary for the preaervation of the public health, safety and welfare to provide for the removal of broken and damaged trees and broken tree limbs upon trees which are unsafe and hazardous. This ordinance, therefore, shall become effective inunediately upon its final passage, pursuant to the provisions of Article V, Section 41 of the Charter of the City of Englewood. Introduced, read in full and passed on first reading by the City Council of the City of Englewood, Colorado at its regular meeting on the 7th day of November, 1966, and ordered published in the Englewood Herald and Enterprise. Mayor Pro-Tern Attest: ~-e~~~- COUNCILMAN HANSON MOVED, COUNCILMAN RICE SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Discussion ensued. It was pointed out that the bill did not provide for the City of Englewood to give a notice to the responsible party or parties who had limbs which required removal. COUNCILMAN HANSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE MOTION ON THE FLOOR TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Rice, Fullerton. Nays: Councilman Parkinson. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. Councilman Rice requested that the City Attorney submit a report in regard to the proposed ordinance concerning the City's liability for damage resulting from tree limbs falling on individuals walking on public right-of-way and that the City Manager report to the Council on the policies and ordinances of other cities regarding removal of tree limbs from trees on public right-of-way. City Attorney Criswell reported on the opening of South Cherokee Circle extension. Mr. Criswell stated that the holders of the City Hall mortgage had approved 40 feet street width. This would mean that if a 50 foot right- of-way were to be used technically 10 feet of that right of way would be subject to the mortgage. Construction of the street would also cause a triangular piece of property to be separated from the City Hall property on the east from property owned by Norgren. These two properties could be exchanged in order to avoid each owner being separated from a portion of his property. COUNCILMAN PARKINSON MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO PROCEED IN THE MATTER OF THE CHEROKEE EXTENSION ON THE BASIS OF A FIFTY FOOT STREET AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE AGREEMENTS NECESSARY TO THE EXCHANGE OF THE TWO TRIANGULAR PROPERTIES BETWEEN THE HOLDERS OF THE CITY HALL MORTGAGE AND NORGREN OR HIS ASSIGNEES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. City Attorney Criswell reported on the acquisition of Dartmouth Park properties. Mr. Criswell stated that on October 21, 1966, he had sent a letter to Mr. Corder. Since that letter he had received a firm offer of $50,000.00 said offer being $250.00 above the highest two city appraisals of the Corder property. Mr. Criswell reconunended settlement in the amount of the offer by Mr. Corder. COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT THE CITY ATTORNEY"S RECOMMENDATION BE ACCEPTED AND THAT SETTLEMENT NOT TO EXCEED $50,000 BE AUTHORIZED. Upon the call of the roll, the vote resulted as follows: I I I I I I I I Minutes of November 7, 1966 Ayes: Councilmen Hanson, Kreiling, Parkinson, Rice, Fullerton. Nays: Councilman Ludwig. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. City Attorney Criswell reported that there were three special districts which contain in part property within the. City limits. Those properties within the City limits which are also within the Districts are presently being taxed by said districts. He stated that moves would be taken to exclude those prop- erties within the City limits of Englewood from inclusion within the tree districts. City Attorney Criswell reported on the case of Lubeck vs. the City of Englewood concerning the two-family residence use of a property in an R-1 zone. Mr. Criswell stated that the Lubecks are appealing the court's decision that the property cannot be used for two family occupancy. ' I Mr. Criswell reported on the Leo Lentsch litigation involving left turns at South Bannock Street. He stated that hearing on this matter was set for March 27, 1967. The State of Colorado is being represented in this lawsuit by Mr. John Holloway. The City Attorney reported that the Reffel condemnation connected with Paving District No. 16 had been set for trial on December 22, 1966. City Attorney Criswell reported on the City's litigation in the matter Oliver and Agnes Kingsley. He stated that the court had entered an order for the City to clean-up the property and then submit a bill to the Court. This clean-up had been accomplished by Mr. Robert A. Miller. Mr. Miller has stated that he is not submitting a claim against the City of Englewood for the Clean-up and Mr. Criswell recommended that an agreement be executed between the City of Englewood and Mr. Miller assigning the City's rights for reimbursement on said clean-up to Mr. Robert A. Miller. COUNCILMAN KREILING MOVED, COUNCILMAN RICE SECONDED, T!iAT THE MAYOR PRO TEM AND CITY CLERK BE AUTHORIZED TO SIGN AN AGREEMENT ASSIGNING THE CITY'·S RIGHTS FOR REIMBURSEMENT OF COSTS OF CLEAN-UP OF THE KINGSLEY PROPERTY TO MR. ROBERT A MILLER. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. City Attorney Criswell requested that the City Council clarify the action they wished him to take in regard to the acquisition of Centennial Park prop- erties. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY ATTORNEY BE INSTRUCTED TO ASCERTAIN THE PRICE FOR WHICH CENTENNIAL PARK PROP- ERTIES CAN BE PURCHASED AND REPORT BACK TO THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. The following resolution was read in full by the City Clerk: RESOLUTION EXPRESSING THE APPRECIATION OF THE PEOPLE OF THE CITY OF ENGLEWOOD FOR THE DEDICATED PUBLIC SERVICE OF THE LATE J. L. (LEO) BARRON. WHEREAS, on the 28th day of September, 1966, J. L. (LEO) Barron, a long- time dedicated city employee passed away, and WHEREAS, J. L. (Leo) Barron during his lifetime devoted some fourteen (14) years to the public service of this community, during which time he served in such responsible positions with the City of Englewood as Clerk-Treasurer and Deputy Clerk-Treasurer, and 389 390 Minutes of November 7, 1966 WHEREAS, Leo Barron's service was always keynoted by his dedication, loyalty and trust, NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Englewood does hereby, publicly and formally declare the respect with which the people of the City of Englewood, in general, and the membera :~of this Council in particular, held J. L. (Leo) Barren: the debt of gratitude which is owed to him by the people of this canmunity: the loss which his untimely death will cause all of us: and the sympathy which goes out to all of J. L. (Leo's) family. ADOPTED AND APPROVED THIS 7th day of November, 1966. Mayor Pro -Tern ATTEST: c COUNCILMAN HANSON MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE RESOLUTION BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: AYes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nayes: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. City Manager Dial presented a report on tree limb removal. Mr. Dial stated that the City had been divided into eight tree removal areas and that bids had been received from private firms for removal of tree limbs in four of these areas. The low bidder in area No. 1 was Swingle Tree Surgeons, Inc., in the amount of $3.500.00. The low bidder in Areas No. 2, 6 and 7 was Winslow Construction Canpany in the amount of $6,632. The total amount awarded was $10,132.00 Mr. Dial reported in regard to petitions for Paving District No. 17. He stated that five petitions had been requested from citizens of the City of Englewood and only one had been returned. He further stated that under the 1967 Budget no money was provided for Paving District construction. COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY OF ENGLEWOOD ESTABLISH NOVEMBER 7, 1966 AS THE DATE OF THE RECEIPT OF THE SINGLE PETITION FOR PAVING AND THAT THE DATE OF NOVEMBER 7, 1966, BE BSTABLISHED AS A VALID DATE OF DECLARATION OF SUFFICIENCY OF THE PETITION AND OWNERSHIP OF PROPERTIES FOR ANY PAVING UNDER THE NEXT EARLIEST PAVING DISTRICT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. City Manager Dial stated that the staff was presently reviewing past policies on paving districts and would submit the results of this review for consideration by the City Council at a later date. The City Manager read a letter from the Chamber of Commerce requesting City participation in the annual Christmas Tree lighting program and also requesting the use of Broadway and Girard for the location of Santa Claus' House. COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY OF ENGLEWOOD CONTRIBUTE $1,800. TO THE CHAMBER OF COMMERCE CHRISTMAS LIGHTING PROGRAM AND PERMISSION BE GRANTED TO THE CHAMBER FOR USAGE OF CITY PROPERTY FOR SANTA CLAUS'S HOUSE AT THE SOUTHWEST CORNER OF BROADWAY AND GIRARD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. City Manager Dial reported an denial of left turns at Bannock and the con- struction of Cherokee extension through the New Englewood Shopping Center. Originally, the cost of constructing this street was estimated at $2,200.00. I I I I I I . I I Minutes of November 7, 1966 However, this estimate asswned that grading of the shopping center area would be canplete. It is not certain that this grading will be accomplished in the near future and in order for the City to proceed with the construction the estimate must be increased by approximately $2,000 to cover the grading. It was the consensus of the City Council that it would be best to attempt to minimize the cost in construction of the Cherokee extension. City Manager Dial reported that the City had not placed in effect the revised policy concerning use of the Fire Department's first aid and rescue squad as there had been a delay in the ambulance company's adoption of a policy which would require that the City of Englewood quarantee payment on ambulance calls. He stated that unless the City Council objected the City of Englewood would proceed with adoption of the policy as discussed at the previous Council meeting in the near future. Mr. Dial reported that he would attend a Chamber of Conunerce meeting at 10:00 A.M. on November 8, 1966, at the Western Steak House. The subject of this meeting would be City of Englewood -Downtown Relations. COUNCILMAN HANSON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILLS, CLAIMS AND INVOICES AS APPROVED BY THE CITY MANAGER AND LISTED BY THE CITY CLERK BE ALLOWED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro Tern declared the motion carried. Councilman Kreiling inquired ~s to why certain departments on the list of bills, claims and invoices showed two bills to Mountain States Telephone Company. Mr. Dial stated that he would report on this matter at the next regular Council meeting. Councilman Kreiling reported that he had attended a meeting in regard to construction of a public golf course south of Englewood. One of the locations being considered was on City property adjacent to the McLellan Reservoir. Mr. Kreiling stated that representatives of Parks and Recreation Cormnission, The Water Board, County commissioners. Arapahoe County Planning Cormnission and South Suburban Parks and Recreation District were in attendance at this meeting. He stated that no definite action had resulted from the meeting, however, preliminary discussions had taken place. COUNCILMAN HANSON ~OVED, COUNCILMAN RICE SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: • Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Mayor Allen • The Mayor Pro Tern declared the meeting adjourned at 12:10 A.M. The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 7th day of November, 1966, A.D., stand approved as corrected this 5th day of December, 1966. 391