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HomeMy WebLinkAbout1964-04-06 (Regular) Meeting Minutes62 RBGULAJl MBBTillGs COUllCIL CBAMBDS Cift OP lmGLBWOOD, COLORADO APRIL 1,19'4 t'h• City Council of the City of Bngl.wood, Arapahoe county, Colorado, met in regular ••••ion, on Monday, April 6, 1964, in th• council Chla•bera, City Ball, Bnglewood, at th• hour of 8100 P.M. Mayor Love preaiding called the -•ting to order and th• invocation waa given by the Reverend Monaignor .. rnard J. Cullen of the St. Louia catholic:: ~urc::h. t'h• Mayor aaked for roll call. Upon the call of th• roll, the followin9 per80na were peeaents Councilmen Allen, Braun, Fullerton, Banaon, Kreilin;, Love. Alao Pr•••nt: City Manager Dial, Adminiatrativ• Aaaiatant Malone, City Attorney Bach, City Clerk Beauaang. Abaent: Councilman Rice. Tb• Mayor declared a quorum preaent. 641-2 COBSIDBRATIOB OF MIBUTBS OP PRBVIOUS MBBTIBGS COUllCILMAll PULLBRTOB MOVED, COUllCILMAll llAllSOll SBCOllDBD, 'l'BAT THE MIBU'l'BS OP '1'118 llDTDIG OP MARCH 2111> BB APPROVED AS WRiftm. Upon th• call of th• roll, the vote reaulted aa follow•: Ayea: Councilmen Kreiling, Hanaon, Fullerton, Braun, Allen, Love. saya: !lone. Abaents Councilman Rice. the Mayor declared the motion carried. COUllCILllAll AieLBJI MOVBD, OOUllCILllAB PULLBllTm SSCOllDBD, 'l'BAT '1'118 MillUTBS OP ms llDTDIG OP MARCH 16TB BB APPROVED AS WRI!fa. Upon the call of the roll, th• vote reaulted aa follow•: Ayeas Councilmen Kreiling, Banaon, Fullerton, Braun, Allen. Love • .. ya: Ilona. Abaent: Councilman Rice. the Mayor declared the motion carried. COUllCIUIAll BRAUll MOVBD, COUSCIUIAll ALLD SBCOllDllD, THAT TBB MIBUTBS OP 'ftlB llDTillG OP MARCH 30'1'8 BB APPROVED AS WRifta. Upon th• call of the roll, the vote reaulted a• follow•: Ayea: Councilmen Kreiliag, Hanaon, Fullerton, Braun, Allen, Love • .. y•s llone. Abaent: Councilman Rice. !'be Mayor declared the motion carried. 641-63 RBLATIBG TO BRBCTIO& OP RADIO AftDllAS Dr. L. o. Gearhart, 3852 So•th Blati Street, diac::uaaed the erection of two fifty f .. t high utility pole• on property bearing the address of 3855 South Blati Street. Be atated that when he expreaaed hi• objection• to the erection of the pol•• the Building Inapector indicated that th••• pole• formed antenna• for the Bnglewood Civil Defen•• COmmunication• Group and that he would not act to bring their removal. Dr. Gearhart ••~ forth the following point• in thia matter: the pole• re- duce th• value of the aurrounding reaidential property1 that the City ahould adopt .. aaurea to prohibit the erection of aiailar pol•• in reaidential areaa1 that the Building Inapector ahould be cenaured for hi• action• in this matter and pointed out that he ha• no objection• to baa radio activitiea but did object atron9ly to th• erection of power pol•• and antenna• upon 3855 South Blati Str .. t for Civil Defenae purpo•••· Be co .. ented that the property deac::ribed already waa conaiderablly flooded with antenna• and radio equipment without the addition of utility pol••· Picture• of the property were pr•••nted to the Council. The Mayor aaked an indication of other peraona preaent to object to the antenna erection. 'ftlere were •ix other peraonw preaent. Diacuaaion enaued. I I I I I I I 'I Minutes of April 6, 1964 councilman Braun pointed out that the zoning Ordinance did not allow an accea110ry atructur• in reaidental area• in exc••• of fifteen feet height•. B• ca ented th• matter •hould be referred to th• Board of Aclju•tment and Appeal• for review. ftl• City Manager COlmllented that there waa no change in ordinance n•c•••ary to prohibit th• erection of tower•. he felt the pr•••nt ordinance wa• •ufficient and "90uld like permi••ion to inve•tigate the matter •o that another site could be located or alternate solution• found. 'l'h• Mayor concurred with the Manager'• reciu••t. 641-59 RBLATIRG TO ALOIBXATIOll BY BllGLBWOOD 'l'be Mayor welcomed Mr. Tom Beaton, Littleton council Pr••id•nt, other mem- ber• of the Littleton City Council and official• to th• •••ting. council Preaident Beaton atated that the purpoae of th• appearance of th• Littleton City council before the Bn9lewood City Council in regular meeting, wa• to di•cu•• the annaation polici•• of the two citi••· B• •tated that on March 29, 1962, COancilllen and other repr•••ntativ•• of the citi•• met and agreed upon W••t .. llevi.w Avenue a• the dividing line between the City of Bn9lewood and the City of Littleton a• well a• four other point• which h• ••t forth for the Council. Be revi9Wed th• purpo•• of the meeting wa• to determine a policy of annexation between th• citi•• ao that th• Count:7 Comai••ion•r• could aign for the public righta-of-way in unincorporated area• when annexation wa• propo•ed by one or the other city. Be emphaaiaed that Littleton ha• held to their •ide of the agreement and noted the area• in which Bnglewood need• Littleton'• cooperation and a•ked that th• extent of the annexation be revealed. Be empha•ized that Littleton would not adhere to any of th• provi•ion• of the agr•-ent if Bnglewood would adhere only to a portion of th• agreement. Councilman Allen pointed out that the agr ..... nt wa• not •i9fted nor really accepted by Bngl~. Mayor Love revi.wed the minute• of the joint meeting, emphaaizing that the purpo•• of th• ... ting wa• to determine boundari•• in the Centennial Acre areas with •jor concern relating to the Littleton School Di•trict llo. 6. 'l'he prime concern •••med to be conteracting the effort of th• City of Denver to annex all of the Centennial Acre• area. Be pointed out that Mayor McLellan, at the meeting, b.s adviaed the City of Bngl.wood did not have any plan• for the annexation south of Brookridg• Height• beyond Big Dry Creek. Be atated that annexation by Littleton north of Belleview conformed with the general intention of a boundary along Big Dry Creek from eaat to weat. Mr. Clarida indicated the deaire to annex to Bnglwwood over annexation to Denver and the n•c•••ity for an agreement in the Centennial Acre• area between Littleton and Bnglewood. Mayor Love summarized that after the ... ting and ba•ically for the purpo•• of promotion and publicizing th• deci•ion• a pr••• conference waa held at th• county COurthouae. Be noted that th• re•ulta of th• agremaent and pr••• r•l•a••• were not all that was desired becauae the reaidenta objected to being told which town they could annex to. Mayor Love coaMnted that all of the above happened over two year• ago, dur- ing which ti.a• th• Brookridge Height area annexation to Littleton had been de- clared illegal and no effort• for annexation had occureect by the City. Be wondered if thi• did not indicate that the ••ction waa not a major concern in the over-all picture. Mr. Gordon Taylor, former Preaident of the Littleton council. •tated that at leaat half of the meeting related to water and water aervice area of Bnglewood. Be reported that Littleton had actually paaaed a reaolution along the line• aet forth in the agreement and aought action through a joint eommittee to formulate the detail• of th• matter. Mayor Love replied that it now appear• th• annexation in the Brookridge area waa more important to Littleton than waa recognized or recorded at the joint meeting. Diacu••ion en•ued. A reaident of Centennial Acre• apoke of hia experience in •••king to have an area north of Weat Belleview annexed to Littleton and being refused by the City of Littleton due to the agreement under diacuaaion. B• expr•••ed in conaiderabl• detail th• feeling• of the reaidenta of the area after learning of the deciaion that th• limit would be Weat Belleview. A merchant in the Brookridge Shopping Center objected to being a pawn puahed around by th• citi•• who may or may not ••rv• th• intereat of the area. Be atated that all the buain••••• in the Shopping Center had •i9fted a petition objecting to the annexation to Bnglewood and th••• petition were filed with the owner and operator of th• Center. It wa• aaked that th• area of Brookridge under conaideration for annexation be aet forth. 'l'h• City Manager pointed out the area under conaideration for annexation on a map. Diacu•- aion enaued. Peraon• pre•ent from Brookridg• Height• reaidential area indicated a d••ire to remain in the Countt or annex to Littleton. Council Preaident Beaton asked if the Council of the City of Bnglewood would accept an invitation from the City of Littleton to diacuaa thia agreement to the ... tual advantage of both citiea. Be aaked that a letter from the Littleton Cbaaber of CO..rce, dated April 2, 1964, ••ttift9 forth the poaaible jeopardy to th• cooperative effort• between Bn9lewood and Littleton would be aerioualy affected by the abridg ... nt of the annexation underatanding. COUllCIIllAll PULLBRTOR MOVBD I COUllCILMAIJ KRBILI.O SBCOllDBD I 'l'llAT '1'llB Il1VITATIOR llADB ft COUllCIL PRBSIDBll'f &BATOR BB ACCBPTBD A'f A TDIB AllD PLACB TO BB DBTBRMIRBD LATBR POR TllB PURPOSE OP DISCUSSIRG THB AGU81Bft BBTWBBll '1'HB CITIBS. 36!3 Minute• of April 6, 1964 Councilman Kr•iling expreaaed hi• doubt of the poaaibility for mutual aqre~t on thi• matter. Be remarked that h• waa Mayor at the time of annexa- tion of Broo'kridge to Littleton and apo'k• of Bft9l.wood'• oppoaition to that annexation a• breaching the natural boundary of Bi9 Dry Creek. Councilman Pullerton urged cool, careful conaideration of th• a9r• ... nt and aa'ked for diacuaaion of the matter. Upon the call of the roll, the vote reaulted aa follow•: Aye•: Council-n Kreiling, Banaon, Pullerton, araun, Allen, Love. Raya: llone. Abaent: Councilman Rice. 'fhe Mayor declared the motion carried. 641-64 RBLA'l'DfG TO COIDIUBift MMSSADOR PUllD RAISillG CAllPAIGll Mr. Lee Bennett, Bxecutive Manager Bft9l.wood Chamber of Commerce, aaked that th• City Council grant peraiaaion to u•• a loud apeaker on a truck to be parked in front of Joalin'• for the action of alavea. Peraiaaion waa alao aa'ked for the ••lling of carnation• and •imilar amail it .. • by the High School Pep Club and other organization• to rai•• .oney. Mr. Bennett alao aaked permiaaion for the Bngl.wood ca.era Club to take aide- wal'k picture• and the Junior Chamber of Conmerc• to promote a car waah on a portion of the Park-R-Shop Parking Lot aa well aa permiaaion for a proceaaion or parade of prominent people who are aerving aa alav•• from Plood Junioc High to Joalin'•· Diae11aaion enaued. OOUllCILMAlf BltAUll MOVBD, COUllCILMAlf llAllSO• SBOORDBD, 'l'llAT mB RBQUBST OP '1'HB C"NIBBR OP CXJlllBRCB IOR VARIOUS FUllD RAISIBG ACTIVI'l'IU AllD us•s OP TBB STRBBT AllD PAB-R:SBOP LOT Oii SA~Y, APRIL 18'1'11 BB GltAllTSD. Upon the call of the roll, the vote reaulted aa follow•: Aye•: Councilmen Kreiling, Banaon, Pullerton, Braun, Allen, Love • .. ya: llone. Abtlent: Council.an Rice. lfh• Mayor declared th• motion carried. 641-58 PUBLIC BBARIE 011 CLOSillG OP IOUlll BROADlfAY OOUllCILMAIJ BRAUR JIOVBD, COUllCILMAll PULLD'l'O• llCORDJU>, 'l'llA'r !BB PUBLIC mRillG O• 'ftlB BLOCJCillG OPP OP 'ftlB 3300 MID 3400 BLOCKS OP 80U'ftl BROADNAY 011 .JULY 9'11 NM>UGll 11'1'8 POR OLD PASBIOllBD MRMIB ~YS CBLSIUtA'fIOR BB OPDBD. Upon the call of the roll, the vote reaulted aa followa1 Ayea: councilmen JCreiling, Banaon, Pullerton, Braun, Allen, Love. Bay•: Ilona. Abaent: Councilman Rice. 1'le 'llayor declared th• motion carried. 'ftle Mayor aaked if there were anyone who wiahed to be heard in oppoaition to th• cloaing of the atreet. 'fb9ee r~•s no one preaent. 'fh• Mayor aaked the City Clerk to read any written proteat he had received. th• City Clerk read a letter of prot••t from Jira. P. O'Keefe, 1192 South Broadway, Bn9lewood, object- ing to the noiae and vibration afforded by erection of a carnival on either Girard or South Br4tadway. th• Mayor aaked if there were anyone preaent favorin9 th• cloaing. Mr. Bill Patrick preaented a petition circulated by th• Bn9lewood Merchant• Aaaociation, bearing nearly fifty aiqnaturea of owner• and operator• of buain••••• in the 3300 and 3400 block South Broadway and approving th• aame. 'fhe City Manager reported that the cloain9 waa revi.wed by the various department• and agencie• of the City concerned and that the cloaing of Girard- Broadway interaection waa not reconmended. Mr. Lee Bennett apoke in favor of the propoaal and indicated the Chamber of co arce endor•ement of the same. OOUllCILMAll BRAUll MOVBD, CX>UNCILMAH ALLD SBCX>RDBD, 'l'llA'!' 'ftlB PUBLIC BBARDIG BB CLOSBD. Upon th• call of the roll, the vote reaulted aa follow•: Aye•: Councilmen Kreiling, Banaon, Fullerton, Braun, Allen, Love. •aya: Ilona. Abaent: Councilman Rice. 'lb• Mayor declared the motion carried. I I I I ,, I I 'I Minute• of April 6, 1964 COUllCIIMAll ALLBll JIOVBD, COURCILMDI IVLLBR'fOll AllD llAllS08 SBCORDBD, THAT 'IBB RllQUBST POR TBB CLOSI8G OF '1'llE 3300 and 3400 BLOCKS SOU'ftl BROADWAY, BXCBPTIRG '1'BB IftDSBCTIOR OF SOU'l'll BROADNAY ARD GIRARD AV.US U ALLOlfBD, 8U'1' 'l'llAT A TD FOOT nu LAID BB llAilft'AIJIBD OR SOUTH BROADWAY I• llOftl BLOCKS. Upon the call of the roll, the vote reaulted •• follow•: Aye•: Councilmen Kreilinq, Hanaon, Fullerton, Braun, Allen, Love. .. ya: Ilona. Abaent: Councilman Rice. ftl• Mayor declared the motion carried. 641-41 PUBLIC BBARIBG OR RBVOCATIOB OP llORSB CAR BAR LIQUOR LICJDlSB COU8CILMAll BRAUR JIOVBD, COURCILMAR AIJ.B• SBCOIU>BD, 'l'BAT TBB PUBLIC BBARIBG Oii nm llATTBR OP '1'llB RBVOCATIOR OP 'DIE BBGLBllOOD LIQUOR LICmSB ISSUED TO 'ftlB BORSB CAR ID, LTD., 65 1fBST FLOYD AVDUB, '!O DftBmlID 1'BY '1'BB LICDSB SHOULD 1191' BB UVOXBD POR LACJt OF POSSBSSIOR OF 'ftlB P ... I888 BB OPBllBD. Upon the call of the roll, th• vote reaulted •• followa1 Ayea1 councilmen Xreilin9, Ban80n, Fullerton, Braun, Allen, Love • .. ya: llone. Abaent1 councilman Rice. 'fh• Mayor declared the motion carried. The Mayor aaked tho•• who were a9ainat th• revocation to •peak. llr. Benj-in Loye, Attorney for Paul Bilat, who hold• the third chattel 110rtgage on th• f ixtur•• and equipment aaked th• 9rounda for conaideration of revocation. th• City Attorney read th• letter notice of the hearing mailed to th• Hor•• car, Ltd. corporation and officer• thereof in full. llr. Loy• informed the City council of the court ca•• pending which aaked th• court to declare the Bora• Car lea•• in full force and effect and to enjoin th• City of Bn9lewood from revokin9 the lie•••. .. diacuaaed other phaaea of th• caae and auggeated that the matter be tabled until th• matter of a · court injunction againat th• City iaauance of a new licen•• at 65 Weat Floyd be deter- •ined. Be emphaaised that revocation of th• liquor lic•n•• will injure Mr. Bilat'• financial poaition and urged th• Council not to act on the matter until the legal proc••••• may be completed. '!'he Mayor aaked Kr. Loya for an eatimate of th• ti.lie required for the ••ttlin9 of th• caae. Mr. Loye indicated that he had no idea aa to thi• length of time. 'ftl• City Manager aaked if the auit were one to gain acceaa to the premiaea. llr. Loya reported that thi• waa not th• nature of the··auit •• Mr. Bilat was not a party to the l••••· 'ftl• City Attorney r-rked that althoug he knew of thi• action pendin9 no injunction had been ••rved on the City to reatrict it• action and they ai9ht proceed •• they determine. 'fh• Mayor ••k•d if there were anyone pr•••nt to apeak for the revocation. llr. A. II. Lutz, Attorney for Mr. Lee corder, apok• for the revocation. He noted that Borae Car Inn, Ltd. had been aued for failure to pay it• rent under the proviaiona of th• lea•• and upon failure of th• corporation to aatiafy the com- plaint, an order waa iaaued to give poaaeaaion to llr. corder, the owner. Mr. Paul Rilat objected to the atatement by llr. Luta atatin9 that he had offered llr. corder the ..,ney for the payment of th• rent under the five year lea•• llADY timea but auch money waa refuaed and a rorceful Bntry Detainer action entered to brin9 about th• eviction. Be expreaaed th• view that theae action• were illegal on the part of Mr. Corder. Mr. Jaaper Jon•• atated that he held th• firat mort9a9e on the furniture and fixture• which were ori9inally bought fro• llr. corder and aold to Jim Greathouae and aubaequently to Horae car Inn, Ltd. and to Mr. Bil at. Diacuaaion enaued. COUllCILMAll ICRBILIBG MOVBD, COURCILMAll BRAUll SBCmDID, TBAT 'ftlE PUBLIC REARIRG 08 TllB aBVOCATIOR BB CLOSBD. Upon the call of the roll, the vote reaulted aa follow•1 Ayea: councilmen Kreiling, Hanaon, Fullerton, Braun, Allen, Love. ••ya: Ilona. Abaent: councilman Rice. Th• Mayor declared themotion carried. councilman Braun urqed the revocation •• it waa not determined aa to when th• court would act on thi• matter and tho•• pr•••nt objectinq to the revocation were not directly involved in the corporation and hold merely intereat in the furniture and fixture•. Diacuaaion enaued. 366 Minute• of April 6, 1964 COU•CILllAll ALLD llOVBD, COUllCILMAB BAJISO• &sca.DBD, 'l'llA'f 'l'llB LIQUOR LICBllSB OP '1118 llORSB CAR BAR, 65 Bft PLOYD AVBMUB, BB aBVOKSD DIMIDIA'l'llLY POR THI POLLOWillG RBASORS: 1. 'l'llA'f '1'118 LICBllSBB DOBS llO'l' COlft'ROL tBS P-ISSI DUB '1'0 l'AILURB TO PAY '1'BB AGRBBD RBlft' POR '1'BB PRBllISBS AllD WAS SVJC9SD POR '1'BIS RBASOR: 2. TllA'f '1'BB BVICATIOll WAS PROPD A8 .,.. OWllBR or A BUILDIRG IS Blft'I'l'LBD TO PADIBlft' or RBlft' AS A l'AIR ...,.,.. PO• BIS IllVS8'1MB9'f: 3. TllA'f '1'BB BBS'f IftBRBftS OP 'ID D!ClllBOIBOOD WOULD BB SBRVBD BY 'ftlB RBVOCATIOll OP '1'BB LICBBSB. Diacuaaion enaued. COUllCILMAB JCRBILillG MOVBD, OOUHCIUIAll JVLLD'l'O• SBCOBDBD, 'l'llAT '1'BB MOTIOll .. Mll!llD8D WO IllDICATB 'l'BAT llO Ol'PICBR OR RDUSSlft'A'fIVB or '1'BB CORPORATIOR RUPOm>BD 'fO 90'1'ICB or '1'118 HBARillG Al'TBR UlllG mLY 90Tll'IBD Br CBR'l'Il'IBD MAIL llSTURll RBCBIP'f RBQUBS'fBD. Upon the call of th• roll, th• vote reaulted as follow•: Aye•: councilmen Kreiling, Banaon, Fullerton, Braun, Allen, Love. Raya: llone. AbHnt: councilman Rice. Th• Mayor declared the n•• .. ent carried. The queation on the amended motion waa called for. Upon the call of the roll, the vote reaulted aa follow•: Aye•: Councilmen Kreiling, Ranson, Fullerton, Braun, Allen, Love. •aya: llone. Abaent: Councilman Rice. t'h• Mayor declared th• amended motion carried and inatructed the City Clerk to notify &or•• car Inn, Ltd., 65 Weat Floyd Avenue, and it• officer• and official• aa well •• auch intereated partie• that th• licena• i• revoked. RBCBSS lfhe Mayor called a rec••• of the Council at 10116 P.M. CALL TO ORDSR 'fbe Mayor called the .Council to order at 10122 P.M. with the following person• ~eaent: Councilmen Allen, Braun, Fullerton, Ranson, Kreiling, Love. Abaent1 councilllan Rice. 'nae Mayor declared a quorum preaent. 641-6 PROCBBDillGS OP PLUEBG AllD ZORIRG C<IDIISSIO• MBftDG OP MARCH 18TB t'h• Mayor aaked that th• minute• be received and placed on file. 641-6 PROCDDIBGS OP PLMlllIRG AlfD ZOUllG OCMIIISIO• SPBCIAL MBBTING OF APRIL 3RD Councilman Fullerton •poke to indicate that th••• minute• related to th• propoaed annexat i on of an area aouth of Bellevi.w, eaat and weat of South koadway. Be atated that he had been aaaured that no agreement aa to annexation between th• City of Bn9lewood and Littleton uiated. B• cownted that the in- formation made available prior to thi• meetift9 and revealed by the Littleton repr•••ntativ•• may have effected the recownendation for annexation by the Planning and Zoning CO-i••ion. Councilman Kreiling pointed out that the matter waa fir•t conaidered by th• Planning and Zoning Conriaaion in February, ~962 and favorably recomaended that the City accept annexation of the property at that tiae. 'l'he Mayor aaked that th• minute• be received and placed on file. 641-7 PROCBBDillGS or WATBR AJll) SBWBR BOARD MBB'l'I•G OP MARCB 17, 1964 'l'h• Mayor aaked that th• minute• be received and placed on file. 641-61 Recoaaendation for Annexation £2 South Git• sanitation Diatrict 'l'b• City Clerk read the following recc 1 endation from the Bnglewood Water and Sewer Board: •'fhat th• following deacribed land be allowed to annex to th• South Gate sanitation Diatrict by aupplemental a9r• ... nt' I I I I I I I 'I Minute• of Atril 6, 1964 1. 'ftle SB\ SB\ awi. Section 4, Townahip 6 South, Range 67 Weat, Douglaa county, COlorado 2. 'ftle Wit BW1' SW1-_. and the IWlt swi. swi., Section 4, Townahip 6 south, Range 67 weat to the 6th PM, alao deacribed aa the Wit of tract 5 and all of tract 7 Orchard View, Douglaa County, Colorado. · 3. Tract 23 and 24, Clark Colony llo. 3, Section 17, 'l'ownahip 5 South, Range 67 Weat, Arapahoe County, COlorado." COUIJCIUIAN BRAUB MOVBD, COUBCILMAll BAllSOR SSCOllDBD, 'l'BAT '1'HB RBCOMMBRDATIOR POR AllllBXATIOR OP TBRBB PARCELS OP LARD 'IO !'BB SOU'l'll GA'l'E SAllI'l'ATIOR DISTRICT BY SUPPLIMBllTAL AGRBIMBRT BE APPROVED. Upon the call of the roll, the vote reaulted •• follow•: Ayea: Councilllllen Kreiling, Hanaon, Fullerton, Braun, Allen, Love. Raya: &one. Abaent: councilman Rice. Tb• Mayor declared the motion carried. 641-5 PROCBBDIRGS OP BOARD OP CAREER SERVICE COIUIISSIORBRS MBB'l'I&G OP MARCH 25TH 'l'he Mayor aaked that the minutes be received and placed on file. 641-3 PROCBBDI&GS OP PARKS ARD RBCREATIOR COMMISSK>ll MBB'l'IRG OP MARCH 26, 1964 ftle Mayor aaked that the minute• be received and placed on file. 641-59 ATTOR&BY'S RBPORT RBLATIRG TO PROPOSED AllllBXATIOR 'l'he City Attorney reported that he had reviewed the petition• for annexation of the area eaat and weat of South Broadway aouth of Belleview Avenue and found th .. to ... t the legal proviaiona of the State Statute for annexation to the city of SncJl.wood. Be reviewed with the Council the procedure• to be followd in annexa- tion and diacuaaed the need for action on auch a petition not aooner than thirty day• after nor later than ninety daya after it• receipt. COUllCILMAll ICRBILIRG MOVED, COUBCIIMAR BRAUll SBCOllDBD, 'ftlAT '1'BB CITY ATTORRBY'S OPI•IOR AS TO LBGALITY OP THE PETITIONS RBQUBSTIRG AllllBXATION OP '1'BB AREA AS WBLL AS 'ftlB PLADil1G CC»OIISSIOR'S REC<»4MDDATIOR POR ITS AllllBXATIOR BB RECEIVED AlfD ACDJOlfLBDGBD. • councilman Fullerton queationed the reco ..... ndation of the Planning and Zoning Coaliaaion which in hi• opinion waa made without full knowledge of all the perti• nent facta. 'l'he Mayor atated that h• felt th• 110tion waa broad enough to allow review of the recommendation at a later date without a record of conmittment of the Council aa of thia time. Be pointed out in the minute• of the Planning Commiaaion .. •ting that certain phaaea of the problem had been diacuaaed. 'l'be queation waa called for. Upon the call of the roll, the vote resulted aa follow•: Ayea: Councilmen Kreilinq, Hanaon, Fullerton, Braun, Allen, Love. Raya: Rone. Abaent: Councilman Rice. 'l'be Mayor declared the motion carried. 'l'he City Attorney atated that he had prepared a reaolution reviewing the above action• and aettinq forth a notice o for petition of propoaed annexation which needed to be run four conaecutive weekly inaertiona. Diacuaaion enaued. The City Clerk read th• following reaolution in full: R E S 0 L U T I 0 R ---------- WBBRBAS, a written petition propoaing and requeating annexation of certain territory(hereinafter deacribed in fh• form of notice in Section 4 hereof) to the City of BnglewOod, Colorado, together with four copi•• of a map ahowing aaid ter- ritory to be annexed, waa filed with the City Clerk at 4110 p.m., March 30, 1964, and waa received, filed, accepted and favorably conaidered by th• City Council at 4:38 p.m. at a meeting on Monday, March 30, 1964, and WBBRBAS, at aaid meeting aaid City Council referred aaid petition to the City Attorney and alao to the City Planning and Zoning Commiaaion for their reconmenda- tiona, and WllBRBAS, th• aaid City Attorney haa reported that in hi• opinion the petition and th• document• attached thereto meet with the requir ... nta of Chapter 139, Article 11, Colorado Reviaed Statute• 1953 •• a .. ndect and aupplemented, and llinut• of April 6, 1964 WBBRBAS, The City Planning and zoning COlllliaaion ha• alao conaidered aaid petition and docwnent• attached and did take formal action in recoaaendin9 the acceptance by the City of aaid petition and the annexation of the territory in queation to the City of Bnglewood, and WBBRBAS, Said recolllllendationa have been received by th• aaid City Council. BOW, TRBRBPORE, BE IT RESOLVED BY '1'BB CI'IY ccxmcIL or '1'llB Cift or •GLBWOOD, CX>LORADO: Section 1. '!'hat all previoua action• of th• City Council concerning the .. tter of the aaid petition for annexation •f th• h•r•i~•r de•cribed territory to th• City of Englewood and ratified, approved and confiraed. Section 2. That the City Council doe• hereby declare and find that: (a) The aforeaaid written petition propo•in9 and requeating annexation of aaid hereinafter deacribed property to the City of Sft9lewood and the docU11enta attached thereto, waa aigned by the owner• of 110r• than fifty per cent of th• area of •uch territory, who alao compri•• a .. jority of th• landowner• reaiding in the territory at th• time the petition wa• filed. (b) 'l'he circulator• of aaid petition .. de affidavit• attached thereto that each •ignature thereon ia the •ignature of th• peraon who•• name it pgz,port• to be. (c) Th• petition contained the reaident addr••• of each aigner, together with th• date of aignature. (d) Th• petition contained a deacription of the property to be included with- in th• area propo•ed to be annexed, which i• owned by each peraon aigning •aid petition. (e) All peraon• aigning said petition indicated thereon whether they are qualified elector• and landowner• •• pre•cribed by section 139-11-3, Colorado Reviaed Statute• 1953, or whether they are only landowner•. (f) 1'o aignature on aaid petition waa dated more than one hundred eighty daya prior to the filing of aaid petition. (g) Said petition waa accampanied by four copiea of a map, or plat, of such territory •bowing, with reasonable certainty, the territory to be annexed, the boundari•• thereof, and it• relationahip to the propoaed corporate limit• of the aunicipality to which aaid territory ia propo•ed to be annexed, and upon material of a auitabl• aize for recording and filing. section 3. That the City Council hereby find• that th• •aid written petition and the document• attached thereto meet all of th• requir ... nta of Article 11, Chapter 139, Colorado Reviaad Statute• 1953 •• aaended and auppl ... ntad (and in particular Section 139-11-3 thereof) whether •PIMlifically .. ntioned in this re•o- lution or not, and the previoua action of thi• council in accepting and favorably conaidering aaid petition i• hereby ratified and confirmed. Section 4. That pursuant to Section 139-11-4, Colorado Reviaed Statute• 1953, th• City Council hereby directs and order• the City Clerk to give notice by and for thia municipality of the aubatance of the petition, the date of filing, the number of persona aigning, a deacription of th• territory included in the propoaed annexation and a atatement that landowner• of th• area may expreaa their oppoai- tion to the annexation and aecure an election by complying with the proviaiona of Section 139-11-4, Colorado Reviaed Statute• 1953. Said notice ahall be publiahed in the Bnqlewood Herald and Bnterpri•• once each week for three aucceaaive weeka, by four inaertiona at weekly intervala, which notice ahall be in aubatantially th• following form: llOTICE OP PBTITION POR PROPOSBD AllllBXATIOB OP COftIGUOUS UNINCX>R- PORATBD TERRITORY TO THE CI'IY OP IDIGLDfOOD, COLORADO TO WBml IT MAY CORCBRB: llotice ia hereby given that at 4:10 p.m. on Monday, March 30, 1964, a written petition for annexation waa filed with the City Clerk of the City of Englewood, Colorado, and that on Monday, March 30, 1964, at a apecial meeting of the Englewood City Council aaid written petition propo•iftfJ th• annexation to the City of Bnglewood of the unincorporated territory hereinafter deacribed (being entirely in Arapahoe County, Colorado) waa pr•••nted to and waa received, filed, accepted and favorably conaidered by aaid City Council. At aaid .. •ting aaid petition waa thereupon referred to the City Attorney and the City Planning and zoning Collllliaaion. llotice ia alao given that at the reqular .. etin9 of Monday, April 6, 1964, tile City Council received a favorable report on aaid petition from the City Attorney and th• City Planning and ZOnint CO riaaion, whereupon aaid council by reaolution duly adopted found aaid petition and the document• attached thereto to ... t the requirement• of Section 139-11-3, COlorado Reviaed Statutes 1953, •• aaended and aupplemented, and aaid Council a9ain favorably accepted and conaidered aaid petition, ratifying, approving and confirain9 all previoua action• of the City Council concerning the matter of th• aaid petition. I I I I I I I 'I Minute• of April 6, 1964 llotice i• al•o given that the unincorporated territory propo•ad to be annexed to BncJlMIOOd, Colorado, and de•cribed in th• petition, i• all within Arapahoe County, Colorado, and i• de•cribed •• followa: Beqinning at the N.E. corner of the •.w .• of Sec. 15, T5S, R 68W of the 6th P.M.: thence Weaterly alon9 th• Borth line of •aid Section 15 a di•tance of 1653 f .. t to the We•t line of Miramont• Subdivi•ion extended1 thence southerly along ••id line extended and along the We•t line of •aid Subdivi•ion a diatance of 630.00 feet to the Southweat corner of Lot 9 of •aid Subdivi•ion: thence Southerly alon9 th• Weat line of Lot 8 of •aid Subdivi•ion a di•tance of 28.2 feet: thence SOuth•••t•rly along the Southw••t•rly line of ••id Lot 8 a di•tance of 123.6 feet: thence SOutheaaterly along the southerly line of •aid Miramont• Subdiviaion a diatanc• of 280.21 feet to the Southea•t corner thereof: thence south along the We•t line of Tract 15 Interurltan Addition a di•- tance of 215.80 feet to the SOuthwe•t corner of aaid Tract 15: thence SOuth•a•t•rly at right an9lea with th• llorthweaterly line of Lebow Ave. a di•tance of 70 feet to a point on the Southeaaterly line of Lebow Ave. aaid point bein9 the SOuth- weaterly corner of Plot 3, Rafferty Gard•n•1 thence South- •••terly along the llortherly lin•• of Plot• 4, 8, 9, 10, 11, 12 and 13 to the Rorthw••t corner of Plot 14, aaid Rafferty Garden•: thence south along the Weat line of •aid Plot 14 a di•tance of 189 feet to the Southweat corner of aaid Plot 14, aaid point al80 being on the llorth line of Rafferty Lan• (Pir•t Ave.): thence Baat along aaid llorth line of Rafferty Lane (Pir•t Ave.) and aaid Borth line extended a di•tance of 580 feet to the center line of South Broadway, aaid center line being th• We•t line of the •·•·• of Sec. 15 'llS, R68W, 6th P.M.: thence South along the Weat line of aaid •·•·•to the s.w. corner of ••id R.B •• 1 thenct Saat along th• South line of aaid R.B •• to a point wbich/tl6.69 feet weat of the South•••t corner of the R.B •• of Sec. 15, T5S, R68 W, 6th P.M.t thence lforth a diatance of 206.95 f .. t: thence W••t 151.37 feet: ~·nee Borth 55• 14' W••t 989.15 feet1 thence llorth 3• 411""Weat 375.42 feet: thence Rorth 60• 59' Weat 174.2 feet: thence llorth 40• 38' Weat 420.9 feet: thence Borth 28• 08' weat 59.76 feetr thence Rorth 61• 54' W••t 263.35 feet, more or le••· to the Southeaat corner of Lot 1, Block 3A, Brookrid9e Bei9ht• irhird Piling1 thence llorth•a•terly along the Southeaaterly line of •aid Lot 1, Block 3A a di•tance of 120 feet to th• llortheaat corner of ••id Lot 1, Block 3A1 thence llorth 17• 37' Baat 61.02 f .. t to the SOuth•••t corner of Lot 1, Block lA, Brookrid9• Height• Third Piling: thence llorti 28• 06' Baat along th• Southea•terly line of •aid Lot 1, Block 1A a diatance of 122.15 f .. t, thence llorth 12• 13' We•t along the SOuthweaterly line of Lot• 11, 12 and 13, Block 2 Brookridge Bei9ht• a diatanc• of 111.36 feet: thence llorth oo• 10' Ba•t alon9 th• •••t•rly lin•• of Lota 13 through 20 of Block 2, Brookridge Height• and aaid line• extended 520 feet to the llorth line of •aid Section 15: thence We•terly along the Borth line of ••id Section 15, T SS, $68W a diatance of 584 feet more of l••• to the point of beginning. llotice i• al80 given that aaid City Council, by th• reaolution adopted at it• regular meetinf of April 6, 1964, ordered that thia notice be publiahed purauant to the ordinance• and Charter of the City of Bnqlewood and the •tatute• of the State of COlorado. llotice i• al80 given that aaid petition in addition to deacribing auch terri- tory, in aubatance recite•, •tatea, declare• and alle9ea: 1. That ••id territory i• eligible for annexation to the City of BIMJl.wood under and in accordance with th• ter .. and condition• of Section 139-11-2,~ Colorado Revi•ed Statute• 1953, •• amended. 2. '!'hat the above deacribed territory i• not embraced within any city, city and county, or incorporated town. 3. That the territory above de•cribed abut• upon and i• contiguou• to th• City of Bnqlewood in a manner which will afford rea90nable ingre•• and eqre•• thereto. 4. That not le•• than one-•ixth of the aggregate external boundariea of the territory propo•ed to be annexed coincide with exiating boundariea of the City of Bn9lewood. s. 'l'hat th• non-contiguoua boundari•• of the territory to be annexed coincide with exiating block line•, or ceat8r line• of ••tabliahed street, roada, highway•, alleya, or with governmental aubdiviaion line• for purpo•e• of identifi-• cation wherever poaaible. Minute• of April 6, 1964 6. That in determining the territory eligible for thi• annexation, no territory owned by the aame owner ~or ownera, whether conaiating of one tract or parcel of real eatate or two or more conti9U0ua tract• or parcel• of real eatate, will be divided into •eparate part• or parcel• without the written conaent of the owner thereof. 7. '!'hat petitioner• are the ownera in fee aimple of over fifty per cent of the area of aaid unincorporated territory aought to be annexed hereunder and compriae a majority of the landowner• reaiding in aaid unincorporated territory. 8. Petitioner• are the owner• ln fee of real property in the territory propoaed to be annexed who have in the next preceding calendar year become liable for a property tax thereon. 9. lfhat th• reaident addr••••• of petitioner• accompany their aignaturea, together with the date• of aigninq. 10. That attached to the petition are th• affidavit• of th• circulator• of th• petition: that each aignature i• th• aignatur• of th• peraon whoae name it purport• to be. 11. That each of th• petitioner• ha• indicated by hia or her aignature whether he or •h• i• a qualified elector in addition to being a landowner in aaid territory. 12. 'l'hat the number of peraona aiging aaid petition i• 25. 13. That th• petition i• accompanied with four copie• of a map or plat of th• territory to be annexed, th• boundari•• thereof, and ita relationahip to th• eatabliahed corporate limit• of th• City of Bnglewood. 14. lfotice ia al.o given that landowner• of th• area may expre•• their oppoaition to the annexation and aecure an election by complying with the proviaiona of Section 139-11-4, Colorado Reviaed Statute• 1953. Dated at Englewood, Colorado, thi• 6th day of April, 1964. CITY OP BllGLBWOOD, COLORADO By /•/ B. o. Beauaang (SBAL) Publiahed Englewood Herald and Bnterpri•e April 9, 16, 23, and 30, 1964 City Clerk ADOPTBD AJll) APPROVBD Thi• 6th day of April, 1964. Mayor AftBST: Council .. n P~erton objected to action on th• re80lution for annexation prior to .. •ting• with th• Littleton City Council. Diacuaaion enaued. COUllCIUIAll JCRBILDIG MOVBD, COUHCILllAll BRAUll SBCOllDBD, THAT '1'BB RBSOLUTICB U ADOPTBD AllD APPROVBD AllD THAT llO'l'ICB OP Pft!TIOll BB PUBLISBBD POUR TIMBS AS RBQUIRSD BY LAW. Upon the call of th• roll, the vote reaulted •• follows: Aye•: Councilmen Kreiling, Ban80n, Braun, Allen, Love. •aya: Councilman Fullerton. Ab..nt: councilman Rice. lfbe Mayor declared themotion carried. 641-32 RBLA'l'IRG TO SALARY POR SUBSTITUTB MUllICIPAL JUDGB Th• City Attorney atated he had received a letter froa Robert P. Kelley, Municipal Judge, dated March 27, 1964, which ••tout a propoaed hourly rate of f20.00 per hour or $40.00 per day for the coapenaation of the aubatitute judge. '!he•• particular arrangement• were diacuaaed with Mr. Gebert, a poa- •ibl• Council appoint•• to the poaition. Th• Mayor aaked that the letter be received and placed on file. I I I ii I :1 I I Minute• of April 6, 1964 632-34 RBLATillG 'ft> PAVIRG DISTRICT 90. 14 RIGBT-or-WAY rh• City Attorney reported that aeveral par .. l• of land were r~uired by th• City for atr .. t right-of-way in connection with •tr••t improvement• con- t~lated in Pavin9 Diatrict llo. 14. Be requeated permiaaion to negotiate for the purchaae of th• parcel• for an amount not to exceed ten per cent of th• appraiaed valu•• and if unaucc•••ful be be aµthorized to proceed with c:ondellnation. COuncil .. n Braun diacuaaed the Council policy of requiring donation and dedication of all parcel• needed for atreet improvement• by the property owner• concerned without coat to the City. Di8cuaaion enaued. 'fh• City Manager com- mented that where atr .. t improvement• are by petition that auch a policy may be very effective but aa the City become• paved, more and more atreeta are initiated by the City council requiring acquiaition of right-of-way at City expenM. Be C091Mnted that only one amall parcel of land waa involved on a atr .. t petitioned for iaprov ... nt in th• liat of parcel• to be acquired by th• City for Paving Diatrict llo. 14. ' COUllCILllAll ALLD llOVBD, COUlfCIUIAll ICRBILIBG SBCOllDBD, 'l'BA'l' '1'BB CITY A'l"l'ORllBY BB AU'!llORIZBD 'l'O SBCUllB PARCELS OP LAllD POR S'l'RU'l' UGBT-01'-WAY AS REQUIRED POR PAVIJIG DISTRICT 90. 14 AT A VALUE 90T 'ft> BXCBBD 'l'BE APPRAISED VALUE PLUS '1'B8 PBR CDl'l' AID> IP TllB CITY AT'l'ORllBY IS a:>'1' SUCCBSSPUL IR SUCH llBGOTIA'l'IO&S THAT BB BB AUTBORIZBD 1'0 PROCBBD WITH COllDllUIATI081 Alm PUR'l'llBR TBA'l' 'l'BE ABOVE AU'ftlORift BXTBllDS 'l'O AllY OTllBR PARCELS OP LAllD RBQUIRBD POR RBCD'l' SBWBR BX- !'B8SIORS AUTBORIZBD. Upon the call of the roll, the vote reaulted aa follow•: Ayeas COuncil .. n Kreiling, Hanaon, Pullerton, Braun, Allen, Love. Rayas llone. Abaents councilman Rice. t'he Mayor declared the motion carried. 641-41 RBLA'l'I&G TO BORSB CAR ID, LTD. 'l'h• City Attorney aaked that he be authorized to defend the City in event that liti9ation ahould ariae with regard to th• revocation of the Hor•• Car Liquor Licen••· COUllCIUIAll BRAUlf MOVBD, OOUlfCILMAIJ ALLD SBCOllDBD, 'l'llA'l' TBB Cift AT'l'ORllBY BB DiaBC'l'BD lfO DBl'BllD '1'llB CITY I& AllY LITIGATIOll BROUGll'l' AGADIS'l' 'l'HB Cift IR CO•IDC"l'IOll WI'l'B 'l'BB RBVOCATIO& OP '1'llB BORSB CAR MR LIQUOR LICB&SE. Upon the call of the roll, the vote reaulted a• followas Aye•: council .. n Kreiling, Banaon, Pullerton, Braun, Allen, Love. •ayas llone. Abaents councilman Rica. 'fhe Mayor declared the motion carried. 632-84 RBLATDIG TO ILLEGAL llO&-COlll'ORMillG USBS or PROPBRTY 'fhe City Manager reported he waa •ending poatal card notice• to all known reqiatered non-conforain9 u••• throughout th• City. Diacuaaion enaued. 632-34 RBLATillG TO PAVIRG DISTRICT llO. 14 lfh• City Mana9er reported that through an adainiatrativ• overai9ht no poat card notice• were ••nt to the reaident• of th• 3400 block South Bannock Str .. t whereby owner• of proPtirty:/in thi• block did not appear at the public hearing to expr••• their vi.wa. Ba referred to a letter addr•••ed to the Mayor and City council from Wilbur G. Wri9ht, owner of property in th• 3400 block south &umock, requeating an opportunity for a public hearing on th• improv..ent on thia atr .. t. Diacuaaion enaued. 'fh• City Mana9er reviewed the diacuaaion by th• council concerning the illprov .. ent of thi• atreet if the propoaal for aale of City Park i• approved. Be atated that inquiry had been 1184• to Tallmad9• and Tallud9e, llond Attorney•, aa to the poa•il»l• deletion of a •tr••t from th• Diatrict. The bond attorney• indicated that auch a pro- cedure ia poaaibl• by ordinance of th• Council. Diacuaaion enaued. COUllCILllAll BRAUlf MOVBD, OOUllCILMAIJ BAllSO• SBCX>llDBD, 'l'BA'l' TBB CITY COURCIL APPROVB 'l'llB Cift M...\llAGD'S PROPOSAL PORA PUBLIC BMRillG OB TBB PROPOSBD IllPROVmlBll'l' I• '1'BB 3400 BLOCJC SOU'l'B 8AmOCJt 8'l'RDT Oii MC>lllaY, APRIL 20th AT 8100 P.M. AJll) THAT aoTICBS BE SBllT 'ft) '1'BB owms or PltOPBJlft IR SAID BLOCK so !BA!' '!llft MAY BB BBARD. Upon the call of th• roll, th• vote reaulted aa followas Ayea: councilmen Kreiling, Hanaon, Pullerton, Braun, Allen, Love • .. ya: llone. Abaents COuncilllan Rice. 372 Minute• of April 6, 1964 'l'b• Mayor declared the motion carried. Councilman Braun pointed out that thi• i• a apecial hearing on th• one bleck only and not a rehearing on the entire Diatrict. ftli• waa agreed. ftl• City Manager alao reported that a petition had been received with refJ&rd to the location and width of aid.walk on Baat Quincy Avenue w•ich i• acheduled for illprov ... nt in Paving Diatrict llo. 14. OOUllCILMAll BRAUll llOVBD I OOUllCILMAll PULLBRto• SBCOllDBD I 'l'llA'l' '1'BB PftI'l'IO• BB UPBRllBD TO TllB llOUD OP ADJUS'l'llBllT AID> APPBALS. llr. Bdward Paca, 4306 South Waahin9ton Street, Bnglewood, COlorado wiahed to •peak on thi• -tter. B• reported the matter had been conaidered by the Board of Adjuatment and Appeal• which had permit•ed th• location of the aide- walk adjoining the curb. The petition before th• City Council relate• to the conatruction of thi• aid.walk three f .. t wide inatead of four f .. t wide aa provided by th• City Bngineer. The City Manager referred to the minute• of th• Board of Adjuatment and Appeal• of March 11, 1964, which con•irmed Mr. Pac•'• information and ••t forth that the City Bngineer recomnended a four foot wide aid.walk. Diacuaaion enaued. · councilman Braun read froa the Municipal Code which ••t out the width of a aid.walk in varioua areaa and indicated that th• City Bngineer had the authority to vary th••• width• a• he -Y de .. fit and adviaable. OOUllCIIllAll BRAUll WI'!llmlBW BIS MOTICll. 'l'be City Manager atated that he would review the matter with the City Bngin .. r and report to Mr. Paca and thoae who had petitioned for the narrow walk. 632-20 ~TillG TO OOllSTRUCTIOll OP 1964 RBLIBP SAllIBRY SBWBR LID The City Manager announced that the plan• and apecificationa had been prepared for the 1964 Relief Sanitary Sewer Linea and aaked that approval be given for the acceptance of bid• for the conatruction on and before 10:00 A.M. Priday, April 17, 1964. Diacuaaion enaued. OOUllCIIMAll AI·LD llOVBD, COUllCILllAll PULLBR'fm SBCOllDBD, 'l'RA'l' '1'118 CI'ft ll.-'JIAGBR BE AUTHORIZBD '1'0 ADVDTISB POR BIDS POR '1'118 CC88ftUC'l'IOR OP '1'RB 1964 RBLIBP SAlfI'l'ARY SBWBll LillBS. Upon the call of the roll, the vote reaulted aa follow•: Aye•: Councilmen Xreiling, Banaon, Pullerton, Braun, Allen, Love. Raya: llone. Abaents COuncilMn Rice. Th• Mayor declared th• motion carried. Councilman Xreiling urged th• coordination of thi• contract with the one for Paving Diatrict llo. 14 ao that there will not be conflict in the conatruc- tion thi• •U111D•r. 641-62 RBL9CA'l'IOR OP S'1'A'l'B HIGHWAY RO. 31, OOUilft LID ROAD 'l'he City Manager read a copy of a reugh draft of a letter to the State Highway COaaiaaion auggeating that aa the City ia reaponaible and required to relocate the road in the vicinity of McLellan Reaervoir and that th• City own• land on which th• new road would be routed that the coat of the land would be . approxillately equivalent and equal to the coat of th• road conatruction. therefore, it waa propoaed that the land be exchanged for the conatruction of the required road by the State Highway Department. Diacuaaion enaued. The City Manager aaked approval of the propoaal in principle. OOUllCIUIAll PULLBRTOR JIOVBD, COUBCILMAll ALI.BS SBCORDBD, 'l'BA'l' 'l'llB PROPOSAL Br ftB Cift MAllAGBR POR '1'118 BXCBAllGB OP Cift RIGB'l'-OP-WAY POR S'1'ATB HIGHWAY PURPOSBS '1'0 '!BB STA'1'B HIGHWAY DBPAR'lMBlft' POR '1'llB CORSTRUC'l'IOR OF '1'BB RBLOCA'l'BD 8'1'A!'B HIGHWAY IR '1'llB VICIRift OP McLBLLUl RBSBRWIR U APPROVBD IR PRIRCIPLB. Upon the call of the roll, the vote reaulted a• follow•: Ayea: councilmen Kreilinq, Banaon, Fullerton, Braun, Allen, Love. Raya: Rone. Abaent: Council-n Rice. 'l'he Mayor declared the motion carried. 641-30 RBLA'l'IBG '1'0 RIGll'l'-OF-WAY FOR PUBLIC SBRVICB CCMPAllY Ill VICIRift OP McLBLLAll RBSBRVOIR PROPBRft The City Manager reported the Public Service Co111>any need• right-of-way aero•• a twenty-two foot •trip of land owned by the City. A right-of-way thirty I I I I I 'I I I Minute• of April 6, 1964 foot wide aero•• the twenty-two foot •trip wa• ••tilla'ed to coat th• City $70.00 and th• City Mana9er propoaed that right-of-way be granted to the Public Service Oollpany for $1.00. Councilman Jtreilin9 inquired why an eaa ... nt wa• not •uffi- cient rather than ri9ht-of-way. Di•cu••ion •n•ued. '!be Mayor referred tb• .. tter to the City Attorney for review a• to adequacy of an eaa ... nt rather than a right-of-way. 641-53 ULA'l'I9G 'ft) DOWR'l'OWll PARICillG TDIB LIMI'lA'lIORS '!'he City Mana9er reported on hi• di•cu••ion• with the Traffic Engineer and Planning Director. Be •tated there wa• no ba•ic problmn in changin9 the limit• other than th• co•t of material and •ection of the •iCJll• and paaaage of the or- dinance. OOUllCIIllAll ruLLBllTOll llOVBD, COUBCILMAll ALLBll SBCOllDBD, THAT '1'BE CITY A'l'TORRBY BB I•ftllUCTBD 'ft) PRBPARB U ORDillAllCB TO CBAmB mB PARXIRG LIMIT '1'0 TWO HOURS 'flmOUGllOU'l' TBB DOllJl'l'OWll DISTRICT 1fllBRB OlfB BOUR LIMITS BXIST ARD 'l'BAT POSTED PARJ<- Im LOl'8 BB IEllBASBD TO ftlRBB HOURS WBBRB TWO S>UR LIMITS BXIST. Councilman Braun expr•••ed hi• view on the matter and indicated he would need to vote no. Be co ... nted that owner• of coaaaercial property in the busines• area are not facing up to their reapon•ibility to provi~ cu•toaaer parking. COuncilllan Pullerton •poke for the motion indicating that a major portion of the buain••~ favored the change and they •hould be capable of reviewing their need• and requir ... nta. Councilllan Kr•iling r ... rked that th• 2700 of 4000 block South Broadway 8bould have th• •am• conaideration aa the downtown diatrict. Councilman Banaon au99eated that two hour parking limit• be provided throughout the entiae tewn. Be expr•••ed th• opinion that •hopper• did not have auf f icient time to complete their buaine•• in ••veral ator•• within one hour. Councilman Allen •poke for the extended limit and expr•••ed the view that fewer reatrictions would not effect traffic violation revenue• a• there would •till be parking tickets issued. !'be Mayor •u...arized by atating there were aeveral queations involved, first how difficult i• it to find a place to park, and aecond, how many overtime parking ticket• will be given or not fiven under the new regulation•, and third whether thi• i• a matter of whim with the City Council and bu•in••••n. Ramely, i• the chan9• worth a trial. Councilllan Kreilin9 underatood the Planning Director'• reco11mendation to be all one hour limit atr-t• to be changed to two hour•. Be inquired of the City llana419r whether it waa ao. The City Manager atated that he had not a written reco endation on thi• .. tter .and that it waa propoaed that all •treat• in the ordinance •bowing one hour parking limit be changed. 'l'h• Mayor •u99eated that perhapa thi• involve• inquiry of Mr. Jame• Sllall, Traffic conaultant. COU•CIIllAll JCRBILlllG llOVBD, COUllCIUIMI BRAUit SBCOBDBD, THAT '1'llB MA'.l"l'BR BE TAB'.SO. Upon th• call of the roll, the vote re•ulted a• follow•s Ay••1 COuncil .. n Jtreiling, &anaon, Pullerton, Braun, Allen, Love. •ay•s llone. Abaent 1 counc ilaan Rice • 'l'he Mayor declared the motion carried. Councilman Fullerton reque•ted that a specific recommendation from the Planning and Traffic Director be ••cured a• to the parking limitation•. RELA'l'XNG TO PARKING OP ALTBRBD PICK-UP TRUCKS 'l'he City Manager •tated that the Planning Director and the Police Department reco1111ended that no change be made in the re•triction• for parking of altered pick-up truck•. Be •poke further of the difficulty to enforce courtesy tick•t• but that he would review thi• pha•• further and make a •pecific reconaendation. 641-35 RBLA'l'IllG TO P1MPillG PLUl'l' OR SOU!R PLA'l"fB RIVBR '!'he City Manager reported that th• final detail• of pumpin9 plant location and right-of-way location in connection with th• pipeline from South Platte River to th• llc:Lellan Reaervoir had been determined and completed. Be reported that the (i.ana and •pacification• were prepared and with th• Council'• permi••ion he recom- ••nded a bid date be ••t for 2100 P.M., Friday, llay 15, 1964 and that invitation• to bid be authorised. Diacu••ion en•ued. COUllCIIllAll BRAD llOVBD, OOUllCILMAlf BARSOR SBOOllDBD, THAT 'ftlB CI'IY MAIJAGBR BB AUIWRIZBD to PUBL1SB IllVITA'IIOR TO BID POR 'ftlB COllSftUC'lIOB OP BITGLBWOOD PUMPillG PLUIT m. 1 A1ID RBLATBD WORKS, BIDS TO BB RBCBIVBD Ull'l'IL 2:00 P.M., MST, FRIDAY, llAY 15, 1964. Upon the call of the roll, the vote r••ulted a• follows: Ay••1 Council .. n Kreiling, &an80n, Fullerton, Braun, Allen, Love • .. y•s llone. Abaent1 Councilman Rice. Minut-of April 6, 1964 Th• Mayor declared th• motion carried. !'he City Manager r-inded the City Council of a joint meeting with the Bnglewood School Board to be held April 13th at the Hackney Bouae. ifh• City Manager alao reminded the Council of a joint meeting with the career Service Oomaiaaion on April 16th. !'he City Kana9er aaked that the City council plan upon attending •• gu••t• of the City the aecond annual Award Dinner to be held on Kay 13th at the 11olhurat COUntry Club. Be commented that poaaibly 25 award• were to be granted at thia ti-. The City Manager diacuaaed probable date• for th• propoaed joint meeting of the BnCJl.wood and Littleton City Council•. llo action waa taken. !'he City Manager announced he waa planning on being out of town for the week beginning April 2lat and would deaignate Mr. Malone Mana9er during that period. 641-10 BILLS, CLAIMS AllD IllVOICBS l'OR KARCH, 1964 COUJrCILMAll PULLBRTOB MOVBD, COUBCILMAll llAllSOR SBCOllDBD, 'l'BAT '1'BB BILLS,CLAIMS, AllD IllWICBS POR MARCii, 1964, APPROVED BY 'ftlB Cift llAllAGD AllD LISTBD BY '1'BB Cift CLBRJt BB ALLOWBD. Upon th• call of the roll, the vote rea6lted a• follow•: Ayea: councilmen Kreiling, Hanaon, Pullerton, Braun, Allen, Love. 8aya: llone. Abaent1 council-n Rice. !'he Mayor declared th• motion carried • .OR SCllBDULBD VISI'fORS Mr. Bdward Paca, 4306 South Waahinqton, aaked to •peak to th• council upon a .. tter of general municipal intereat. t'b• Mayor r•COCJllized Mr. Paca and invited hill to •peak to th• council. Mr. Paca reported that recently p.opl• have moved into 4315 South Waahin9ton Street who Clllft two very viacioua doga. Be reported that varioua peraon• in the neighbor- hood have b-n terrorized and attacked by th• dog• which run at large moat of the day. B• reported that he had called th• matter to th• City Manager•• attention with no apparent change in the atatua. Be aaked that th• council inatruct the Manager to inveatigate the problem. Mr. Paca reported the obaervance of conaiderabl• number of peraona f~equenti.g the above property •• repreaented by car• bearing licenae plat•• from all over the Denver area during the evening and early morning houra. Be ••id that although he aak•• no effort to k-p track of the activity he had .. de a li•t of licenae plat•• and deacription of the cara, the male occupant• of which enter *he property at all ti.Ilea of th• night. He ••id it waa obvioua to hill and other reaidenta of the nei9bborhood that for all intent• and purpo••• there waa a hou•• of ill repute beiDCJ conducted at that addre•• although reportedly the ••rvicea granted grantui- toualy. Be aaked th• council to direct the adlliniatration to enforce the rule• and regulation• of the City with regard to auch activiti•• and once ag•in he indicated h• had aentacted the City Manager with no reaulta. council.man Braun aaked that the Police Department and Sheriff'• Officers inveati9ate the complaint. 1'he Mayor thanked Mr. Paca for coming before the council. Mr. R. c. Xitaelman, 4348 South waahington Street, confirmed the report of Mr. Paca with regard to the dog• viaciouaneaa and running at large and alao the activiti•• he had obaerved at the 4315 South Waahington addr•••· RBIATIRG 'fO CllAllCIB OP PARXI8G LIMITS Mr. M. M. Sumera, 3140 South Delaware, aaked to 11peak to the Council with regard to the propoaed two hour parking limit• on the atreet• of Bnglewood. 'l'he Mayor recoqnized Mr. Suanera. Mr. Sumera reviewed that the peraon• who come to Engl.wood to ahop are com- plaining that there ia no place to park. He reported from hi• obaervation that the average length of parking on the atreet waa for a half hour. Be expreaaed the view that employ••• will park on the atr .. t if the parking limit• are extended with only one move of the car in the morning and one in the afternoon and the parking problem would ~e aubatantially woraened. Be apoke againat the extending of the parking limit• •• beinq foolhardy and not aolving any prob1 .... 'l'he Mayor thanked Mr. S~r• for hi• view and comment• on thi• matter. MAYOR'S CBOICB The Mayor reported he had received a letter from Mr. Harold Beere, Conmunity I 'I I I I I I Minute• of April 6, 1964 Development Conaultant, who deaired an audience with the City Council. Diacua- aion enaued. The Mayor atated the conaenaua of opinion waa that the matter be referred to the Planning CO iaaion. 641-59 ~'rillG TO AllllBXA'rIO• 80U'1'll OP BBLLBVIBW COUllCIUIM PULLBll'l'O• llOVBD, COVBCILllAll BRAUit SBCOllDBD, !BAT TBB llAT'l'BR U 'lllB LUI> PB'l'I'rIODD POR AllllBXATIO• '1'0 '1'llB Cift OP BmLlNOOD SOU'l'B OP BBLLBVIBW A11D llAft AllD WBS'r OP BROADlfAY BB RBPBRRBD BACK '1'0 'lllB PLABiaG CDOIISSIO• POR llBVISW DI LIGB'l' OP mB BVID•CB PRBSBll'l'BD A'r '1'1118 BYaISGS COtmCIL MBB'rI8G OP AS Miii-in' BBIRG DI BPPBCT AS ft> AllllBXATIOB BOUllDUIBS BB'l'WBD LI'l'TLB'l'm AllD lllGL&WOOD. Upon the call of th• roll, th• vote re•ulted a• follow•: Ayea1 COuncil-n Kreiling, Banaon, Pullerton, Braun, Allen, Love • .. y•: llone. Ab••nt: councilman Rice. The Mayor declar.t the motion carried. council.man Pullerton inquired aa to the erection of aiqna favoring the aale of the Park Land on th• Park-•-Shop Parking Lot and other placea throughout th• City. 'l'b• City Manager atated that h• had authorized th••• aigna to b+r•cted by City crew• at the expen•• of thoae favoring th• aale of the Park. Councilaan Fullerton exprealled hi• view that thia action waa improper in hi• judgement due to th• need for th• City to remain aloof from th••• matter• which are aubject to aiaconatruction by tho•• who will do ao. Be atated further that it waa not right for the City to finance any auch activity or to promote th• aame. council.an Braun expreaaed hia apology on behalf of th• Council to the City Manager for Mr. Paca'a tone,.inferencea and reference• aa well aa applied def ... - tion of character of the City Manager in hi• recent appearance before th• Council. 'ftlere waa general agre ... nt on thia point. ADJOURll COUllCIIMAll BMJR MOVBD, COVBCILMAIT PULLBR'l'OR SBCORDBD, 'l'llA'l' '!BB MBB'l'Im BB ADJOURllBD. Upon the call of the roll, the vote reaulted aa followa: Ayea: councilmen Kreiling, Banaon, l'ullerton, Braun, Allen, Love • .. ya1 Ilona. Abaent: councilman Rice. 'l'h• Mayor declared the meeting adjourned at 1110 A.M., '1'ueaday, April 7, 1964. I•/ B. o. Beauaang, City Clerk Clerk of the council 'l'h• ainutea of the meeting of the City Council of the City of Bnglewood, Colorado, held on the 6th day of April, 1964 A.D., atand approved aa written thia 4th day of May, 1964 A.D.