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Home My WebLink About1963-11-25 (Special) Meeting Minutes. I I I I SPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLm«>OD, COLORADO NOVEMBER 25, 1963 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on Monday, November 25, 1963, in the Council Chambers, City Ball, Englewood, at the hour of 8:00 P.M • Mayor Brownewell presiding referred to Resolution of the City Council duly adopted and approved on the 21st day of October, 1963, which set the date for the complaints and objections to proposed assessments in connection with the Scenic View Sanitary Sewer District at 8:00 P.M. the 25th day of November, 1963, notice of which meeting was further given to the Council on November 18, 1963 at which time the Council was in regular session and all members assembled. The Mayor asked for roll call. Upon the call of the roll, the •oliow .. 9 l &MM1- .... were present: Councilmen: Braun, Kreiling, Love, Parker, Woods, Brownawell. Alao Present: City Manager Dial, Administrative Assistant Malone, City Attorney Esch, City Engineer Davies, Assistant City Engineer Barde, City Clerk Beausang. Absent: Councilman Miles. The Mayor declared a quorum present. 621-42 PUBLIC BEARING ON ASSBSSMBl1'l'S COUNCIUUJf PARKER MOVED, OOUNCIIHAN LOVE SECONDED, THAT 'DIE PUBLIC BEARING ON TBB SCENIC VIEW SANITARY SEWER DISTRICT ASSBSSMIDl'l'S BE OPBNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Parker, Woods, Brownewell. Nays: None. At,•ent: Councilman Miles. The Mayor declared the motion carried. The City Clerk announced that legal publication had been completed of the list of assessments four consecutive weeks in the Englewood Herald and Enterprise, legal newspaper, and that on or about November 14tih a letter notice of the amount due was mailed to each owner of property assessed at their last known address to give fur- ther notice of the public hearing on the assea ... ata and the provisions for filing complaints against the same or appearing before the City Council on their behalf. He announced that no written objections to aaaeaaments had been received in connection with the assessing coats of construction of the Scenic View Sanitary Sewer District. (Councilman Miles entered and took his seat on the Council at 8:04 P.M.) Mr. Robert Moch, representing the Industrial Builders, Inc., A. G. Meyers, and P. w. Meyers and others protested the assessment upon the property described as follows: That part of the NEI& NWli Section 33, T4S, R68W of the 6th PM lying westerly of the right-of-way of the Colorado and southern Railroad except rights-of-way for roads described in Book 1079 on Page 131 in the amount of $23,024.62. Councilman Woods asked the basis for the protest. Mr. Moch replied that there was no benefits to the land that an existing line adequately and sufficiently served the tract and that to indicate the owners fairness they would enter into an . agreement to pay their fair share in the sewers of the district if they should need to connect into any sewers constructed in connection with the district. Discussion ensued. Mr. Moch introduced Mr. Leon Ducharm who was well acquainted with the area and could discuss the terms of the installation of the 15 inch sewer lying immediately east of the property under consideration and which sewer was installed under an agreement with the owners of the tract of land at that time and which sewer adequately serves the property under consideration. Mr. Ducharm reviewed with the Council that he acted as agent for the owners of three quarters of land at the time of the annexa- tion of the area to Englewood. He stated that at that time as one of the conditions sewer service was to be furnished to this tract and to the Urban Land Development tract. Thia agreement with this statment arose from the Councilmen. Mr. Ducharm reported further that he had letters and an agreement on file which provided for Minute• of November 25, 1963 the tap fee to be paid by the owners of the land when they were ready to connect to the aewer. Be remarked that sewer eaaementa were granted for the sewer line on the northeast and south of the tract at no charge to the City and since then diatrict lin•• have been conatructed in these eaaementa but that such lines are not necessary f)r service to the tract. Discussion ensued. Mr. Moch commented that undoubtedly the granting of the easements was a consideration for the installation of the sewer lines along the east aide of the tract. The City Mana9er reported that a letter from Mr. Rudd to Mr. Ducharm indicated that the line would be constructed of a twelve inch or larger size and when con- nection was desired that the owner• could tap the line with the current tap fee rate. Councilman Braun asked that all the document• deacribed by Mr. Ducharm and the City Manager be duplicated for review by the Council. The City Attorney reported that the original plans for the Scenic View Sanitary Sewer District provided for a line running north and south through the middle of the tract of land to further serve the land. During a court caae involv- ing the potential assessment it was agreed that this line would not be constructed and the City Attorney indicated that he had stipulated that non-construction of this line would not nullify assessment• for sanitary sewer improvements against the property. Mr. Moch replied that he did not know specifically of this agreement but beliewed that the discussion referred to occured during the recess of the court and waa a verbal agreement at the moat. He indicated hi• desire to pay the assessment if a benefit is proven or if any actual use of the district line occured. Discus- sion ensued. Mr. Moch awnmar ized hi• poai tion by stating that it was baaed upon two grounds, 1. That there was no benefit to the land: (Statutory ground) 2. That even if benefited that a contract with the City for the purpose of providing sewer aervice which ha• adequately served the land. Discussion ensued. Aaaiatant City Engineer Barde collaborated the City Attorney' a statement as to the agreement. Discussion ensued. councilman Braun stepped to a map of the Scenic View Area and reviewed his recollection of th• matter of providing sawer service to the Urban Land Development and noted that the fifteen .inch aawer line stopped at the 110utheast corner of the Urban Land Development so that that land would have sewer facilities. Be did not recall any agre .. ent or stipulation that sewer service was to be made to the tract ta ediately south of the Urban Land Development. Diacuaaion enaued. Mr. Ducharm stated further that present term of sale to the Industrial Builder&, Inc. provides that sewer service will be made from the 15 inch main exclusively. COUllCXLMAN BRAUll MOVBD, COUNCILMAN MILBS SBCOHDBD, '!BAT 'l'BE PUBLIC HEARIHG BB CLOSED. Upon the call of the roll, the vote reaulted aa follows: Ayea: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Hays: None. Abaenta None. The Mayor declared the motion carried. COUllCILMA!il BRAUN MOVED, COUNCILMAN MILES SECOHDBD, THAT 'l'HE CI'l"f MANAGER BB IRSTRUCTED TO SUPPLY BAal AlfD ALL COUNCILMD Am> COUNCILMBH ELBCT WITH ALL 'l'BE DOCDIDJTS Al1D LET'l'ERS RELATIHG TO 'l'HB MATTER OP PROVIDING SEWER SERVICE '1'0 THE llBYBR TRACT AND THAT THE CITY MANAGER COOPERATE WITH MR. DUCBARM IN ESTABLISHING A DOCDIBl1T LIST FOR COORDIHATIOH AND ASSURARCB 'l'BAT THE DOCUMENTS ARB C<J(PLE'l'E Al1D 'l'BAT THE SAME BE COHSIDBRBD AT THE NEXT MBBTIHG OP 'l'HB CITY COmJCIL ON DECEMBER 2, 1963. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods,-Brownewell. Haya: None. Abaent: None. The Mayor declared the motion carried. The City Attorney noted that the asaessing ordinance of the Scenic View Diatrict must be conaidred as a bill at the December 2nd meeting so that its passage may be completed by the Council prior to the first meeting in January. Diacuaa~n ensued. COUBCILMAlf BRAUN MOVBD, COmJCILMEN KREZLIHG, LOVE AND WOODS SECONDED, THAT THE MBE'l'IHG BB ADJOUIU1ED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Milea, Parker, Woods, Brownewell. Haya: None. Abaen t: None • The Mayor declared the meeting adjourned at 9:25 P.M. I•/ B. o. Beausang, City Clerk Clerk of the council The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 25th day of November A.O. 1963, stand approved as written this 2nd day of December A.D., 1963. Clty Clerk I I I I