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HomeMy WebLinkAbout1964-01-06 (Regular) Meeting Minutes [2]I I I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JANUARY 6, 1964 ORGANIZATIONAL MEETING: Councilman Kr eilinq. as temporary Chairman. called the Council Chambers, City Hall, Enqlewood, to order at the hour of 8:00 P.M. on Monday, January 6, 1964. The Chairman asked that the invocation be given by o. F. Regg of the Grace Lutheran Church. The Chairman aaked th• City Clerk to·1 read the names of the Councilmen Elect. The City Clerk read the following n ... s of Councilmen Elect: George H. Allen, Donald G. Fullerton, William B. Hanaon, John c. Kreiling, Tymer Rice. Al80 Municipal Judqe Elect, Robert F. Kelley. '!he above Councilmen Elect were present and appeared before the Honorable Robert P. Fullerton, Judge of the Denver District Court, who gave the oath of office to the councilmen Elect. The Judge congratulated each of the new Councilmen and the members took aeats around the Council table. The Chairman called the Council to order and asked the City Clerk to call the roll. Upon the call of the roll, the following persons were present: Councilmen: Allen, Braun, Fullerton, Hanson, Kreiling, Love, Rice. Also Present: City Manager Dial, Administrative Assistant Malone, City Attorney Esch, Absent: None • City Clerk Beausang, Former Councilmen and Councilmen Elect wives, families, as well as relatives. The Chairman declared a quorum present. ELECTION OF MAYOR The Chairman asked for nominations for Mayor. COUNCILMAN RICE N<»IINATED SAMUEL L. LOVE FOR MAYOR. COmtCILMAN FULLERTON MOVED THAT THE NOMINATIONS BE CLOSED AND THE CLERK CAST AN URANIMOUS BALLOT FOR COUNCIIMAN LOVE FOR MAYOR. The claairman declared the motion out of order as additional nominations should be called for. COUNCILMAN ALLEN NOMINATED H. REECE BRAUN FOR MAYOR. The Chairman asked if there were any other nominations for Mayor. There were none. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE NOMINATIONS BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Love, Rice. Nays: None. Absent: None • The Chairman declared the motion carried. The Mayor asked that the Clerk prepare papers to be used for casting of a seeret ballot for Mayor and that the City Attorney and City Clerk tally the ballots cast. Ballots were prepared, cast and tallied. THE CITY CLERK REPORTED THE RESULTS OF THE VOTE AS FOLLOWS: FOUR VOTES FOR COUNCILMAN LOVE, THREE VOTES FOR COUNCILMAN BRAUN. The Chairman congratulated Mayor Love who assumed the Chairmanship of the Council. Minutes of January 6, 1964 SELECTION OF MAYOR PRO TBM COUNCILMAN KREILING NOMINATED H. REECE BRAUN POR MAYOR PRO TIM. councilman Braun spoke in considerable detail of hi• previou• •ervice on the City council and other Boards and Commissions of the City as well a• Mayor Pro Tem. Be expre•sed the view that the Mayor Pro Tem position should be occupied by the Councilmen recently elected to a four year term. BE, 'l'HBRBPORE, DECLINED THE RCMIRATION AND OFFERED IN N<»tINATION THE NAME OF GEORGE H. ALLEN AS MAYOR PRO TEM. Diacuaaion ensued. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT NOMINATIONS BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. Haya: councilman Braun. Absent: None. The Mayor declared the motion carried. Councilman Kreiling stated that he objected to the implication of a Councilman newly elected to a four year term should occupy the position of Mayor Pro Tem with the Mayorality to follow. He asked that the declining of Councilman Braun from the poaition of Mayor Pro Tem be rejected. Discussion ensued. 'l'he Mayor requested that the Clerk prepare ballots for the secret voting on the position of Mayor Pro Tem under similar procedures as before. 'l'HE CITY CLERK REPORTED 'nlAT THE TALLY OF THE VOTES CAST FOR MAYOR PRO TEM WAS FOUR VOTES FOR COUNCILMAN BRAUN AND THREE VOTES FOR COUNCILMAN ALLEN •. The Mayor declared Councilman Braun elected Mayor Pro Tem and establiahed the aeatin9 around the Council table. PRESENTATION OF PL1QUES AND OTHER REMDIBERANCES TO FORMER COUNCIIMEN Mayor Love presented plaques setting forth the City's appreciation for the service rendered by former Councilmen Brownewell, Miles, Parker, and Woods. Mayor Love also presented an engraved gavel to former Mayor Brownewell as well as a scrap book containing news stories of the City's activity during the Mayor's tenure. 641-13 COUNCILMANIC APPOIN'l'MBN'l'S The Mayor discussed briefly the various appointments of the members of the City council to various Boards and Commission. Appointment to Water A!l2 Sewer Board COUNCILMAN BRAUN MOVED, COUNCILMAN HANSON SBCOHDBD, THAT COUNCILMAN KREILING BE APPOINTED TO THE WATER AND SEWER BOARD FOR THE TERM OP HIS TENURE ON THE COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Hanson, Fullerton, Braun, Allen, Love. Nays: None. Abstaining: Councilman Kreiling. Absent: None. The Mayor declared the motion carried. Appointment £2 Planning and zoning Commission COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SBCOHDBD, THAT COUNCILMAN RICE BB APPOIBTBD AS A REPRESENTATIVE OF THE CITY COUNCIL ON THE PLANNING AND ZONING CCIUIISSION FOR THE TERM OP HIS TENURE ON THE COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Hanson, Fullerton, Braun, Allen, Love. Nays: None. Abstaining: Councilman Rice. Absent: None. The Mayor declared the motion carried. :1 I I ,, I I I I Minutes of January 6, 1964 COUNCIIMAN RICE MOVED, COUNCIIMAN KREILING SECONDED, THAT COUNCILMAN FULLERTON BB APPOINTED TO THE PLANNING AND ZONING CC»IMISSION POR TENURE OF HIS COUNCIL TERM. Upon the call of the roll, the vote resulted as follows: Aye•: Councilmen Rice, Kreiling, Hanaon, Braun, Allen, Love. Nays: None. Ab•taining: Councilman Fullerton. Ab•ent: None. 'l'he Mayor declared the motion carried. Councilman Braun reminded the Council that their appointment of Councilman Rice to the Planning and Zoning Commission cauaed a vacancy on that Conmission in that Councilman Rice had been appointed as a citizen. COUNCILMAN BRAUN MOVED, COUNCILMAN RICE SECONDED, THE APPOIN'l'MENT OF MR. ROBERT STARICLOFF TO FILL THE BALANCE OF COUNCILMAN RICE'S TERM EXPIRING FEBRUARY 1, 1967 ON 'l'BB PIAHNING AND ZONING COMMISSION. Councilman Fullerton commented that he was not acquainted with Mr. Starkloff. Councilman Rice reported that Mr. Starkloff had been considered previously for appoint- .. nt to the Planning and Zoning Conmission but had not met a resident requirement. He discussed his qualifications. The Question was called for. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Kreiling, Hanaon, Braun, Allen, Love. Nays: None. Abstaining: Councilman Fullerton. Absent: None. 'l'he Mayor declared the motion carried. Appointment £2 Public Library Board Mayor Love reported that upon his election by the Council as Mayor and due to the many Boards upon which the Mayor automatically serves that he declared his posi- tion on the Public Library Board vacrnt. (... in••rtion at bot~om or page Ayea: Councilmen Rice, Kreiling, Fullerton, Braun, Allen, Love. Nays: None. Ab•taining: Councilman Baa .. D. Absent: None. 'l'he Mayor declared the motion carried. City Repreaentative to City-School Joint Conunission Councilman Kreiling discussed the fact that the City of Englewood is comprised of reaidents of four school districts while only one is represented upon the City- School Joint Commission, namely Englewood School District. Discussion ensued. COUNCILMAN RICE MOVED THAT COUNCILMAN KREILING BE APPOINTED ON THE JOINT CITY- SCJIOOL C<»UIISSJON. THE MAYOR DECLARED THE MOTION LOST FOR WANT OF A SECOND. COUNCILMAN BRAUN MOVED, COUNCILMAN FULLERTON SECONDED, THAT COUNCILMD ALLEN A1ID KREILING BE APPOINTED TO THE CITY-SCHOOL JOINT COMMISSION. Upon the call of the roll, the vote resulted aa follows: Ayes: councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. Nays: None. Absent: None. The Mayor declared the motion carried. Appointment £2 Chamber of Conmerce Industrial Development Committee COUNCILMAN BRAUN MOVED, COUNCILMAN KREILING SECONDED, THAT TYNER RICE BE APPOIR'l'BD AS THE CITY'S REPRESENTATIVE ON 'DIE INDUSTRIAL DEVELOPMENT COMMITTEE FOR TDIURB. Inaertion: COU•CILllAll RICB llOVBD, OOUllCILMAll BRAUN SBCORDBD, THAT OOUllCILMU llAIJSOll BB APl'OI•tm TO TllB PUBLIC LIBRARY BOARD POR TDURB. Upon the call of th• roll, th• vote r••ulted •• follow•1 Minutes of January 6, 1964 Councilman Rice inquired if the Mayor were exempt from aerving on such a coanittee. The City Attorney indicated there waa no such exemption. COUNCILMAN RICE MOVED, COUNCILMAN BRAUN SECONDED, THAT THE MOTION BE AMENDED BY THE SUBSTITUTION OF SAMUEL L. LOVE FOR TYMER RICE. Upon the call of the roll, the vote resulted as follows: Ayea: councilmen Rice, Hanson, Braun, Allen. Nays: Councilmen Kreiling, Fullerton, Love. Abaent: None. 'l'he Mayor declared the motion carried. The queation upon the amended motion was called for. Upon the call of the roll, the vote reaulted as follows: Ayea: Councilmen Rice, Hanaon, Braun, Allen. Haya: Councilmen Kreiling, Fullerton, Love. Abaent: None • The Mayor declared the motion carried and acknowledged hi• appointment to the Induatrial Development committee. Representative £2 Inter-County Regional Planning Commission Mayor Love atated that this could not be determined until the Planning and zoning Commission is organized. He suggested that this designation be postponed. Repaeaentative ~ District No. 1 of Colorado Municipal League COUNCILMAN KRBILING MOVED, COUNCILMAN FULLERTON SECONDED, THAT MAYOR LOVE BE DBSIGllATBD THE RBPRBSBNTATIVE OF THE CITY OF ENGLEWOOD TO THE COLORADO MUNICIPAL LBAGUB. Upon the call of the roll, the vote resulted as follows: Aye•: Councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen. Raya: None. Abataining: Councilman Love. Abaent: None. The Mayor declared the motion carried. Appointment ,2! City Manager COUNCILMAN FULLERTON MOVED, OOUNCIIltAN RICE SECONDED, THAT MR. STANLEY H. DIAL BB RBAPPOINTED AS CITY MANAGER. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. Hays: None. Abaent: None • The Mayor declared the motion carried. Appointment of City Attorney COUNCILMAN BRAUN MOVED, COUNCIIltAN ALLEN SECONDED, THAT JOSEPH W. ESCH BE REAPPOINTED AS CITY ATTORNEY. Councilman Fullerton discussed the advisability of an automatic reappointment of Mr. Bach as the City Attorney. He spoke of the many well qualified attorneys in Englewood who might serve Englewood better even than Mr. Esch has. He stated that he would prefer to leave the place open. Councilman Rice discussed the proposed reappointment of Mr. Esch and Councilman Fullerton not being acquainted with Mr. Bach's ability. He spoke that he had known him personally for several years and felt that he had done a commendable job. He discussed the coats of the City Attorney'• Office and spoke of the possibility of the City being justified in seeking a full time City Attorney. Discussion ensued. The Mayor commented that the City Attorney'• term of office is to the Council's pleaaure. Councilman Kreiling suggested that the pre•ent arrangement be continued until the advantages and disadvantages of a full time City Attorney could be determined. Be emphasized that houaing, atenoqraphic aid, and office equipment would be neces- sary. Councilman Fullerton asked if procedures could be initiated to investigate the qualifications of a person qualified for City Attorney as well as determine whether a part time or full time City Attorney would be sought. The Mayor stated that this could be done. I I I I I I I I Minutes of January 6, 1964 The question was called for. Upon , the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Kreiling, Hanson, Braun, Allen, Love. Nays: None. Abstaining: Councilman Fullerton. Absent: None. Councilman Braun informed Councilman Fullerton that under a provision of the Charter each Councilman must vote on every matter unleaa he is personally concerned or baa personal gains involved. The Mayor and City Attorney verified this. COUNCILMAN FULLERTON CHANGED HIS VOTE TO NO. The Mayor declared the motion carried. Appointment of Assistant City Attorney The Mayor stated that William Myrick is th~ present Assistant City Attorney and that those members of his law office also serve as Assistant City Attorneys to help apread the work load. Discussion ensued. COUNCILMAN KREILING MOVED, COUNCILMAN RICB SBCONDBD, THAT WILLIAM MYRICK BE APPOIBTBD ASSISTANT CITY ATTORNEY AND THAT THE MBMB-OF HIS LAW FIRM OF MYRICK, 81ITB, CRISWBLL AND BRANNBY BE APPOINTED ASSISTAB'l' CITY ATTORNEYS WITHOUT ANY RBTAXRBR. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Rice, Kreiling, Hanaon, Braun, Allen, Love. Haya: Councilman Fullerton. Absent: None. The Mayor declared the motion carried. Designation of Legal Newspaper COUNCILMA.N KREILING MOVED, COUNCILMAN HANSON SECONDED, 'DIAT 'DIE ENGLEWOOD BBRALD AND ENTERPRISE AND THE PRESS BE DESIGNATED AS THE OFFICIAL NEWSPAPER FOR THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. Nays: None. Absent: None. The Mayor declared the motion carried. 641-4 PROCEEDINGS OF BOARD OF ADJUS'IMENT AND APPEALS MEETING OF DECDtBER llTH The Mayor asked that the minutes be received and placed on file. 641-6 PROCEEDINGS OF PLANNING AND ZONING ca.MISSION MEETING OF DECDtBER 19TH The Mayor asked that the minutes be received and placed on file. 641-15 Relating £2 Reaoning of 3700 through 4000 block Grant _!2 Washington Street The City Manager reported that he had received a letter from Mrs. Noel Teter, resident of the area, dated January 3, 1964, requesting an appeal from the decision of the Planning and zoning eonnission and setting out that the original fifteen blocks requested be reduced to eight blocks. He requested the letter be read to the City Council. The City Clerk read the following reconunendation of the City Planning and zoning Conaission in full: "The Planning Conmisaion deny the zone change request from R-1-C to R-2-B in the 3700, 3800, 3900, and 4000 blocks of South Grant, Logan, Pennsylvania, Pearl and Washington for the following reasons: (1) The Public Hearing held December 5, 1963 indicated a difference in deairea of the residents of the area. (2) A change of zoning in this area would appear to be an attempt to legalize present illegal uses. (3) Present non-conforming and illegal usea constitute a small portion of the total area. (4) The zone change request included 15 blocks, in which there are only 4 undeveloped sites.• Minutes of January 6, 1964 councilman Braun pointed out that the original request presented to the Planning and zoning commission was denied and the letter read from Mrs. Teter indicated a ... 11er area should be considered. He inquired if this should not be referred to the Planning COnmission for a determination on the smaller area. Discussion ensued. 'ftle City Attorney stated that Mrs. Teter's letter is not too clear but it definitely indicates that a smaller area is being considered for rezoning and accordingly the council cannot act upon the rezoning until the Planning Conmission has considered the matter at a public hearing and presented the City Council their recommendation. The Mayor suggested that the letter be received and answered by the City Manager pointing out that an appeal before the City Council on the entire original area would be in order or referral to the Planning Conmission for consideration of a ... 11er area depending upon Mrs. Tater's intentions. The City Manager stated that this would be a good procedure especially due to the lateness of the receipt of the letter. 641-3 PROCEEDINGS OF PARKS AND RECREATION COMMISSION MEETING OF DECEMBER 20TH The Mayor asked that the minutes be received and placed on file. 641-5 PROCBBDINGS OF BOARD OF CAREER SERVICE caotISSIONERS MEETING OF DECEMBER 26TB 'l'he Mayor asked that the minutes be received and placed on file. 641-9 PROCEEDINGS OF CITIZEN'S ACTION COMMITTEE MEETING OF DECEMBER 27TH 'ftle Mayor asked that the minutes be received and placed on file. 'l'he Mayor acknowledged several members of the Conmittee were present in the audience and asked Mr. Richard Graham, Chairman, if he wished to speak to the Council. Mr. Graham distributed copies of a resolution passed at a Citizen's Action Coaaittee meeting held earlier on January 6th. He read the following resolution in full: RESOLUTION The Citizens Action Committee of Englewood, at a meeting held January 6, 1964, after a full examination of the possibilities of redeveloping the downtown area adopted and hereby present the following resolution to the City Council of Englewood. In order that the gradual diminution of property values and sales volumes in the core conmercial area of Englewood be reversed, and that WBBRBAS: every study made for the City of Englewood over the past 15 years conclude by urging the establishment of a larger traffic generator in the downtown area, and that WHEREAS: the Englewood City Council appointed on July 15, 1963, a Citizens Action Conmittee and charged them with the responsibility of seeking ways and means for the City of Englewood to take its rightful place among the leaders of the metropolitan communities thereby protecting the property values of the citizens, and that WHEREAS: a major and specific step would be the reconstruction of the down- town core area that '#Ould provide for an addition of 750,000 square feet of com- mercial building, and that WBBREAS: such construction would cost an estimated $15,000,000 for its com- pletion thereby adding $5,000,000 of assessed valuation to the City of Englewood, and that WHEREAS: the only possible assemblage of ground in the city and within the Englewood School Diatrict includes the land presently used for the City Park, and that WHBRBAS: the Englewood Park Conmission in its report and recommendation to Council of this date states in easence that by selling the said park for $1,000,000 the city would in turn, by reinvesting these funda, be capable of providing twice the park area and the equivalent of three times the park facilities for the enjoy- ment of ita citizens at no additional cost to them, and that WHBRBAS: the present City Park area proposed for the site of this reconstruction is in itaelf insufficient for development of this magnitude and requires the addi- tion of lands to the west which are low lying flood areas requiring huge investments of capital to fill and level thereby making such construction possible, and that WHEREAS: solving the economic problems in order to provide this tremendous addition to Englewood is a problem for Englewood aa well as the investo~, and that WBERBAS: many cities across the nation lware of these mutual responsibilities deviae fitting ways to discharge the same. Many choose the long and toilsome route of Urban Renewal, calling upon funds from the Federal Government such as is happen- ing in Denver and practically every city of her aize in the country. Some such as Topeka, JCanaas, solve it by issuing revenue bonds to construct new commercial build- ing• and subsequently leasing on a long term to department store users on a subsi- dized basis, and that I I I I I II I I Minute• of January 6, 1964 WHEREAS: by extending the presently owned municipal parking lot through accept- ance of title to lands adjacent to the new retail building• proposed to be constructed on the City Park land and property adjacent thereto, with no capital expenditures by the City of Englewood, the citizens of Englewood can thereby be assured of all the following benefits to be derived from the redevelopment of the downtown business diatrict: 1. A l°" increase in Englewood's total aaaeaaed valuation, or $5,000,000 reaulting from the $15,000,000 of new construction. 2. A projected annual increase of at least $500,000 to Englewood's city sales tax revenue. 3. 750,000 square feet of new retail shopping area for the citizens of Englewood. 4. Increase present park and recreational facilitiea by three times. 5. Provide a city owned parking facility second to none without coat to the taxpayers. 6. Solve the economic development problem of Englewood in a manner that could well become the example for other suburban cities across the nation. 7. In addition to providing capital 'funds for needed parka and recreation, adequate funds for libraries, storm drainage, paving, and new city hall facilities could now be made available. 8. For the fir•t time since 1903, a real opportunity is provided for a aiqnificant tax reduction on Englewood's residential property. NOW, 'DIEREFORE: be it resolved that the Citizens Action Conmittee hereby res- pectfully urges the Englewood City Council to initiate all steps necessary to accomp- li•h and implement legal procedures to make possible this redevelopment and expansion of downtown Englewood. • CITIZENS ACTION COMMITTEE OF ENGLEWOOD By /a/ Richard N. Graham, Chairman (by unanimous action) Mr. Graham stated Messrs. Eachon, Burt, Ludwig, Jameson, former Mayor Brownewell, Love and Rice had met on several occasions to diacuas the greatest problem in Englewood, that of improving the Downtown District. He spoke of the time spent by the citizen• in developing plans for improvement as well as solutions to problems for the City. COUNCILMAN KREILING MOVED, COUNCILMAN ALLEN SECONDED, THAT THE COUNCIL RE- APPOIBT THB MEMBERS OF THE CITIZENS ACTION ca4MITTBE AS ESTABLISHED ON JULY 15, 1963. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. Nays: None. Absent: None. The Mayor declared the motion carried and commended the members for their spirit, cooperation and civic pride in their community. councilman Braun agreed that this was the moat important activity currently being carried on in the City and presented the following motion: COUNCILMAN BRAUN MOVED, COUNCILMEN FULLERTON AND HANSON SECONDED, THAT THE RESOLUTION BE RECEIVED AND ACCEPTED BY THE COUNCIL AND PUBLISHED IN THE LOCAL NEWS- PAPBR TO INFORM THE CITIZENS AS WIDELY AS POSSIBLE WITH REGARD TO THE PROPOSAL FOR IMPROVING THE DOWNTOWN AREA. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. Haya: None. Absent: None. The Mayor declared the motion carried. councilman Kreiling asked if any specific action were necessary beyond adopt- ing the resolution. The City Attorney reported that a broad form of contract was under consideration and being developed through his off ice and attorneys represent- ing the developer. 622-37 RELATING TO ASSESSMENT OF PAVING DISTRICT NO. 13 The City Manager stated that the final coat• for the Paving District No. 13 had been completed, the total cost of the District $327,596.78 with the City pajing $84,801.19 leaving a balance of $242,795.59 to be assessed against the property owaers in the area. He stated that on January 20th a resolution authorizing the publication of the notice to the various property owners would be submitted for the Council and paaaed schedules of completion •o the council members. 238 Minutes of January 6, 1964 The Mayor asked that the information presented be received and placed on file. 641-14 BALANCE SHEET OF WATER CONSTRUCTION FUND The City Manager discussed the balance sheet of Water Construction Fund as of December 17, 1963. He stated that the unappropriated balance is such that the City can proceed with the award of contracts for the construction of the pumping plant and pipelines without issuance of bonds. He commented that the City would need a bond issue prior to the entering of any contract for west slope water development. The Mayor asked that the report be received and placed on file. 632-89 ORDINANCE VACATING PORTION OF ALLEY BETWEEN LINCOLN AND SHERMAN AND FLOYD AND GIRARD Introduced as a Bill by Councilman Rice A BILL POR AN ORDINANCE VACATING THAT PART OF THE ALLEY BE'IWEEN SOUTH LINCOLN AND SOOl'H sa••a• msns mace Am'l'S 'LftS ·1 THROUGH 4, BLOCK 3, BRANNAN & MATHEWS ADDITION AID> THAT PART WHICH LIES BETWEEN LOTS 5 THROUGH 7 AND 18 THROUGH 20, BLOCK 3, PRDUBR ADDITION, IN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the hereinafter described property located in the City of Englewood, Arapahoe County, Colorado, be and hereby is declared vacated pursuant to the provisions of Section 13, Article 1, Chapter 120, Colorado Revised Statutes 1953, as amended, and that title thereto shall vest in the owners of abutting land, as provided in said Chapter 120: said vacated land being particularly described as follows: That part of the alley between46outh Lincoln and South Sherman Streets which abuts Lots 1 through 4, Block 3, Brannan & Mathews Addition and that part which lies between Lots 5 through 7 and 18 through 20, Block 3, Premier Addition, in the City of Englewood, Arapahoe County, Colorado. Section 2. That the hereinabove described land is located entirely within the City of Englewood, Colorado, and does not constitute a boundary line between the City of Englewood and any county or other municipality. Section 3. That the vacation of the hereinabove described alley will not leave any adjoining land without an established public road connecting said land with another established public road. faction 4. That the City of Englewood does hereby expressly reserve the rights- of-way or easements for the continued use of existing sewer, gas,,water, or similar pipe lines and appurtenances, and for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances, if any, now located in the hereinabove described part of the City of Englewood. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 6th day of January, 1964, and ordered published in full in the Englewood Herald and Bnterpriae. Mayor ATTBST: was read for COUHCILMAN RICE MOVED, COONCILMAN KREILING SBCONDBD, THAT THE PROPOSED BILL FOR AN ORDIRMfCB BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HBRALD AND Bl1'1'ERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. llays: Rone. Absent: None. The Mayor declared themotion carried. I I I I I I I I Minutes of January 6, 1964 641-16 SUIT AGAINST OLIVER KINGSLBY The City Attorney referred to a recent letter written by Mr. Criswell, Assistant City Attorney, to Mr. Oliver Kingsley, owner of property in Scenic View relating to the storage of miscellaneous pieces of iron and materials upon said property. He stated that Mr. Kingsley had been convicted of having a junk yard and allowing ice boxes to be stored without removing the doors in Municipal court, but enforcement was not possible due to inability of having service on Mr. Kingsley. Discussion ensued. The City Attorney recommended that a suit be instigated in county or District court to provide service on the owners to abate the co~itiona which are hazards to health and welfare of the neighborhood. The City Manager concurred in the City Attorney's reconanendation. He reported on Mr. Kingsley'• attitude whereby he feels the property is improved by the storage of the materials upon it. The Mayor com- mented that such a suit might be of great <•value in setting a precedent for similar problems in the future. COUNCILMAN RICE MOVED, OOUNCILMAN ~LBN SECONDED, THAT THE CITY ATTORNEY BE GIVBN THE AUTHORITY TO PROCEED AS NECESSARY TO INSTIGATING A PROPBR ~SUIT AGAlll8'1' MR. OLIVER KINGSLEY FOR HIS VIOLATION OF THE ZONING AND OPPBHSRS ORDINANCES OF THE CITY. ~Opon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. Haya: None. Absent: None. The Mayor declared the motion carried. 641-17 LICENSE TO CROSS DENVER CITY DITCH WITH PIPELINE TO McLELLAN RESEV<>I•. The City Manager reported that the Special Water Counsel had worked out a standard license agreement with the Denver Water Board allowing the City to con- struct a thirty inch supply water line from the south Platte River to McLellan Reaevoir. Discussion ensued. (Councilman Braun left the Chambers at 10:08 P.M.) COUNCILMAN KREILING MOVED, OOUNCILMAN FULLERTON SECONDED, THAT THE LICENSE BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Kreiling, Hanson, Fullerton, Allen, Love. Haya: None. Absent: Councilman Braun. The Mayor declared the motion carried. 632-54 REVIEW OF ARAPAHOE COUNTY HIGHWAY NEEDS FOR 1964 The City Manager reported that the cooperation in combining and coordinating the various individual requests by cities and towns apd the county for state highway improvements in the Arapahoe County area in 1964 had progressed and that a list of inmediate construction needs as well as future construction needs prepared. Copies of this list and a letter of transmittal from John v. Christensen, Chairman of the Board of County Conmiasioners, dated December 11th, was passed among the Councilmen. The City Manager called the Councilmen's attention to the meeting set forth in the letter, at which time the text requesting the highway needs would be finalized and the method of presentation discussed. The meeting would be held on Wednesday, January 8th, at 1:30 P.M. in the County Conunissioners meeting room in the Welfare Building in Littleton. The Mayor urged that those who could plan on attending that meeting. 641-18 AGREEMENT WITH STATE HIGHWAY FOR IMPROVEMENT OF EAST BELLEVIEW AVENUE FROM SOUTH BROADWAY TO SOUTH UNIVERSITY The City Manager presented an agreement between the State Highway Department and the City of Englewood for the improvement of State Highway No. 88 (East Belleview Avenue) east of South Broadway. (councilman Braun returned and took his seat on the Council at 10:16 P.M.) The City Manager conanented that if parking is prohibited along Belleview Avenue as the agreement sets forth that the State may require such restriction and a separate ordinance would be required. The City Attorney commented that this was a standard form of contract similar to that enacted for the improvement of West Belleview and provided that authority for signatures on the agreement be by ordinance. COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SBOONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DRAFT A RESOLUTION AS REQUIRED BY THE STATE AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. Upon the call of the roll, the vote resulted as follows: Minutes of January 6, 1964 Ayes: councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. Bays: Bone. Absent: None. The Mayor declared the motion carried. 632-34 RELATING TO PAVING DISTRICT NO. 14 The City Manager reported that the first step for the formation of Paving District Ho. 14 to meet the coats of the 1964 paving program was to secure bids from financial institutions and bond houses for the cost of rendering services as fiscal agent on the proposed District. Discussion ensued. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY' TREASURER BB AUTHORIZED TO ADVERTISE FOR BIDS FOR FISCAL AGENT SERVICES ON PAVING DISTRICT NO. 14, TO BE PRESENTED TO THE COUNCIL ON MONDAY, ,JANUARY 20TH POR THEIR CONSIDERATION AND AWARD. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Kreiling, Hanson, Pullerton, Braun, Allen, Love. l!fays: None. Abaent: None. The Mayor declared the motion carried. 641-19 OUTSIDE AUDIT SERVICES FOR SALBS TAX The City Manager stated that he had been conaidering the possible hiring of Mr. Bentley Jenks, c.P.A., who has done conaiderable work with the City of Denver in Sales Tax Audits to perform this service for the City of Englewood. He stated that after several conferences with Mr. Jenks and the City Treasurer and others that he would have a proposal shortly with regard to audits of Sales Tax Accounts and records of Englewood businessmen. MAYOR'S AND COUNCILMAN'S alOICE The City Manager stated that a recent Council tour of the City facilities did not include the City Hall or Annex or Police Buildings. Diacusaion ensued. The Mayor aunaarized by stating the interest in such a tour waa high and that it should be acheduled as soon as possible. The City Manager suggested that perhaps an infor- mal meeting of the Council and himself miqht be in order to become better acquainted with the City's problems and each other. There was general agreement. The City Manager stated that he would make arrangements for this meeting. Mayor Love thanked the council for the honor bestowed upon him in electing him Mayor and expressed the desire to prove worthy of the position. He stated that he needed help and guidance of all the Councilmen and City Official• in performing his duties. ADJOURN COUBCIIMAN FULLERTON MOVED, COUNCii.MAN ALLEN SBCX>NDED, THAT THE MEETING BE ADJOURRED. Upon the call of the roll, the vote resulted aa follows: Ayes: councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. Bays: None. Absent: None. The Mayor declared the meeting adjourned at 10:40 P.M.· /•/ B. o. Beauaang, City Clerk Clerk of the council The minutes of the meeting of the City council of the City of Englewood, COlorado, held on the 6th day of January, 1964 A.O., stand approved aa corrected this 20th day of January, 1964 A.O. I I I