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HomeMy WebLinkAbout1961-04-03 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OP ENGLEWOOD, COLORADO APRIL 3, 1961 RBOULAR MB!'l'ING: The City Council of the City of Englewood, Arapahoe County. Colorado, met in regular eeeeion on Monday. April 3. 1961, in the Council Chambers. City Hall. Englewood, at the hour or 8:00 P.M. Mayor ICreiling presiding called the meeting to order and the invocation was given by Mayor Pro-Tem Braun. The Mayor asked for roll call. Upon the call or the roll, the following persona were present: Councilmen: Braun, Brownewell, Martin, McLellan, Miles, Woods, Kreiling. Also Present: City Manager Rudd. City Attorney Esch, City Clerk Beauaang. The ... yor declared a quorum present. 611-2 MINUTES OP PREVIOUS MEETINGS COUNCILMAN BRAUN MOVED• COUNCILMAN McleETJ.AN SECONDED, THAT THE MINUTES OP THE Jll&r.---rDfOS OP MARCH 6TH AND 20'l'H BE APPROVED AS CORRECTED. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Woods, Miles. McLellan, Martin. Brownewell, Braun. Kreil1ng. Nays: None. Absent: None. The Mayor delcared the motion carried. (Councilman Braun left the Chambers at 8:07 P.M.) 601-69 PUBLIC HEARING ON ASSESSMENTS FOR PAVING DISTRICT NO. 10 COONCIIMAN BROWHEWELL MOVED. COUNCILMAN WOODS SECONDED, THAT THE PUBLIC HEARING ON THE PROPOSED ASSESSMENTS FOR PROPERTY BENEFITED BY PAVING DISTRICT NO. 10 BE OPBNBD. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Woods, Miles. McLellan, Martin, Brownewell, Kreiling. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. The City Manager reviewed that the list of assessments had been published three t11Dee in the &lglewood Herald and &lterprise as required by law and stated personnel ot the City=Engineer's Otfice was available to explain the method of computing any assessment, if required. He discussed certain duplications or lot descriptions in the list of assessments where the same property was assessed for improvements on a tront street as well as a side street. The Mayor asked if there were any persons present to discuss a list or assess- ments for Paving District No. 10. There were none. COOHCILMAN BROWNEWELL MOVED, COUNCILMAN MARTIN SECONDED, THAT THE PUBLIC HEARDfO BE CLOSED. (Councilman Braun entered and took his seat at the Council table at 8:09 P.M.) Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun. Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. 611-6 PROCEEDINGS OP CITY PLANNING AND ZONING CCl4MISSION MEETING OP MARCH 23, ll:,61 611-50 Denial of Request for Rezoning The City Clerk read a letter from Dr. Robert s. Byall by Margaret L. Byall of 3920 South Clarkson Street, Englewood, as follows: Mayor and City Council of Englewood City Hall Englewood, Colorado "3920 S. Clarkson Englewood, Colo. April 3, 1961 395 396 Minutes or April 3~ 1961 Dear Sirs: I would like to request a hearing on a rezoning appeal of property located at 3630 South Sherman St., Englewood, Colo. before the City Council on May 1, lf61 as per the zoning ordiaance of the City of Englewood, Number 45 Series of 1955 as amended by ordinance number 22 ot 1959 article 3 amendment section 3, paragraph 3. Very truly yours, Robert S. Byall as per Margaret L. Byall" COUNCILMAN BRAUM MOVED, COONCIIMAN MILES SECONDED, THAT A PUBLIC HEARING BE SBT ON MAY lST TO CONSIDER THE REZONING REQUEST OF DR. BYALL AS PROVIDED BY ORDDIAJICE. Council ... n Braun stated that another hearing before the Planning Commission .. 1 be required in this particular case. He discussed details with the Council relating to exact location of zone district boundary lines. Discussion ensued. Upon the call of the question, the vote resulted as follows: A7ea: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Na7a: None. Absent: None. The Mayor declared the motion carried. 611-60 CCIOruNICATION FR<* SHERIDAN UNION HIGH SCHOOL RELATING TO ZONING The City Clerk read a conmunication from the Sheridan Union High School re- lating to zoning in that vicinity whereby it was requested that the City of Engle- wood notify them of any proposed zoning changes. Englewood City Council 33ij8 South Bannock Englewood, Colorado Gentlemen: "SHERIDAN UNION HIGH SCHOOL South Federal at West Oxford P. O. Box 145 Englewood, Colorado March 27, 1961 The Sheridan Union High School Board of Education at its last regularly scheduled meeting on March 21, 1961, passed the following resolution: "That the Englewood City Council be asked to give other school districts the aame consideration in natters or zoning that it gives the Englewood School District, No. l." Thia resolution was a result of a discussion of proposed annexations by Englewood within the Sheridan Union High School District and in the 1.lm9diate proximity of the Sheridan Union plant. It was reported that one proposed annexation woull result in the establishment of a "trailer court" near the school. The School Board hopes that such will not be the case. In the past the wishes of the Board concerning zoning in the vicinity ot the school have been respected by both Arapahoe County and the City of Sheridan officials. Sincerely, /S/ T. J. Murphy T. J. Murphy, Superintendent TJM/wr" Councilman Brownewell stated that the City does not provide for mobile homes 1n any zoning except where they exist presently. He stated that he did not know or the circumetancea leading to this letter. Discussion ensued. COONCILMAN BRAUN MOVED, COUNCIIMAN MARTIN SECONDED, '!'HAT THE ~•TY MANAGER BE DIRECTED TO VRITB THE SUPERINTENDENT OF SCHOOLS SHERIDAN UNION HIGH SCHOOL THAT NO PROVISION EXISTS FOR TRAILER COURTS IN THE CITY OF ENGLEWOOD AND THAT UPON CON- SIDERATION OP ANY MATTERS BY THE ENGLEWOOD CITY COUNCIL THAT WOULD AFFECT THE SHBRIDAH UNION HIGH SCHOOL THAT THAT AGENCY WOULD BE NOTIFIED OP THAT CONSIDERATION •. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Woods, Miles, McLellan, Martin, Browaewell, Braun, Kre111ng. Nays: None •. Absent: None. The Mayor declared the motion carried. I I I I I I Minutes of April 3, 1961 611-55 C<Ji1MUlfICATION PRCJil JUNIOR CHAMBER OF COMMERCE RELATING TO BASH BOXES 'Die City Clerk read a letter from Mabe Downey, President, Englewood Jaycees, proposing to enter into a contract with Cahill Displays, Inc. providing tor the addition or litter receptacles to certain locations within the City or Englewood. A copy or the agreement was furnished. Mr. Downey was present to discuss the proposal. Mr. Downey stated that the Ja7ceea had supported various civic projects throughout the City of Englewood. The requeated license for locating trash cans in Englewood would allow the Jaycees revenue tor 1\lrther such projects in addition to providing a service to the City. He stated that the agreement would be similar to the one in affect tor advertising bench aervice and that the litter receptacles would provide preference tor advertising local buaineases. Mr. Downey informed the Council that 24 receptacles were planned tor the initial atagea with 21 planned later. The contract would include trash pick up tro11 the receptacles and ... intenance of the receptacles. Discussion ensued. COUJfCILllAN BRAUM MOVED, COUHCIUUN MILES SECONDED, THAT THE CITY ATTORNEY AND CI'l'f llAJIAOBR BNTBR INTO NBOO'l'IATIONS FOR A LICENSE AGREEMENT FOR LITTER RECEPTACLES AS OUTLIJIBD BY THI Ll'f'tBR AND TmmvB AGREEMENT SET PORTH BY THE JAYCEES ALONG THE S'l'REBTS OP THE CITY OP ENGLEWOOD. Councilman Martin discussed the benefit ot this agree .. nt as compared with the bench contract •. Di•cussion ensued. Upon the call ot the question, the vote resulted aa follows: Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Naya: None. Abaenta. None. The Mayor declared the motion carried •. 611-47 PILLING VACANCY ON PUBLIC LIBRARY BOARD I The Mayor aaked that nominations be made to fill the vacancy on the Englewood Public Library Board caused by the resignation or Mr. Albert H. Petrick. COORCILllAN McI.Ja.IAN NCJllINATED MRS. BESS OLIHER, 570 WEST ITHACA AVENBE, TO PILL THI VACANCY. COONCILllAN WOODS MOVED, COUNCILMAN BRAUN SECONDED, THAT NCJIDIATIONS BB CLOSED AICD 'l'llAT '1'HE CIT! CLBRIC BK INSTRUCTED TO ENTER AN UNANIMOOS BALLOT POR MRS. OLDfBR POR MIDIBBR OP THB LIBRARY BOARD. Upon the call or the roll, the vote resulted as follows: Ayea: Councilmen Woode, Miles, McLellan, Martin, Brownewell, Braun, Jtreiling. Haya: None. Abaent: None. The Ma7or de6lared the motion carried and instructed the City Clerk to notify Mrs. 011ner ot her appointment. Introduced as a bill by Councilman Martin BY AUTHORITY 611-32 ORDINANCE NO. 9, SERIES OP 1961 Alf ORDDANCE AMBNDINO ORDINANCE NO. 45, SERIES OF 1955, AS AMBNDBD, OP TllB CIU>DIAllCBS OP THB CITY OP JallLEWOOD, COLORADO, KNOWN AS THE "ZONING ORDINANCE OP '1'llB CI'l'! OP JDIJLEWOOD", BY ESTABLISHING THEREIN, UNDER ARTICLE IV THBRBOP, A THIRD AlCD NBV ZOJIB DISTRICT, IQfOW?f AS C-3 (BUSINESS DISTRICT), DESIGNED POR '1'HB DB- SCRIPTIOlf AMI> '1'RK COM'l'ROL OP CONSTRUCTION AND OPERATION OF CCJllMERCIAL C<JIPT.JCXBS OBNBRALLY KNOWN AS SHOPPING CBNTERS. was read tor the second time. COORCIUCAN JCcI.JaJAN MOVED, COONCILICAN WOODS, SECONDED, THAT ORDINANCE NO. 9, SBRIBS OP J,961, BB PASSED ON SECOND AND PINAL READING AND PUBLISHBD IN PULL Df TBB BNOLBVOOD llBRALD ARD EM'l'BRPRISK. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Woode, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. NaysJ, None. Absent: None. The Na7or declared the motion carried. Introduced as a bill by Councilman Woods 611-34 BY AUTHORITY ORDINANCE NO. 10, SERIES OP 1961 AN ORDINANCE REPEALING SECTION 7 OP ARTICLE I OF ORDINANCE NO. 45, SERIES OP 1955, AS AMENDED, OP THE ORDINANCES OP THE CITY OP ENGLEWOOD, COLORADO, KNOWN AS 397 398 Minutes of April 3, 1961 TBB "ZOND«J ORDINAMCE OP THE CIT! OF ENGLEWOOD", AND SUBSTITUTING THEREFOR A NEW SECTION 7 RELATIVE TO THE ZONING OF AREAS ANNEXED TO SAID CITY. was read tor the second time. CCXJRCIIMAlf MILBS MOVED, CCX11fCIIMAN MARTIN SECONDED, THAT ORDINANCE NO. 10, DRIBS OP 1961, BB PASSED ON SECOND AND FINAL READilfO AND PUBLISHED IN POLL IR THE BNOLBVOOD HERALD A1'D EN'l'BRPRISE. Upon the call or the roll, the vote resulted as tollowa: A;yea: Council•n Woods, Miles, McLellan, Martin, Brownewell, Braun, Kre111ng. lla7a: None. Absent: None. The Ma7or declared the motion carried. Introduced as a bill by Council•n Braun BY AUTHORITY 611-52 ORDINANCE NO. 11, SERIES OP 1961 Alf ORDIIUNCE VACATING 'l'HAT CERTAIN ALLEY ADJACENT AND SOUTH OP LOT 14, BLOCK 2, YBAOD 1 S SUBDIVISION OP VBRONA PLACE, BLOCK 4, ARAPAHOE COUNTY, COLORADO. was read tor the second time. . . CCXJRCIIllAN BRAUlf MOVED, CUUNCIIMAN BROVNEWELL SECONDED, THAT ORDilfARCE HO. 11, 9RIBS OP 1961, BB PASSED ON SECOND AND FINAL READING AND PUBLISHED IN PULL IN THE BlllLBllOOD HBRALD AND BN'l'ERPRISE. Upon the call or the roll, the vote resulted as tollowa: · A;yea: Council•n Woods, Miles, McLellan, Martin, Brownewell, B!aun, Kre111ng. Na7a: None. Absent: Hone. The Ma7or declared the motion carried. 611-56 RELATING TO RETURN OF LIBRARY BOOKS The C1tJ Attorne1 reviewed the need tor an ordinance setting forth the handling ot violation• ot Library regulations with regard to the return ot booka bJ the Engle- wood Jl\ln1c1pal Court. He stated that he had prepared a bill tor an ordinance which would permit the Court to handle these cases. Introduced as a bill bJ Councilman Woods A BILL fat All CIU>DWICB AJIBllDINO ORDINANCE NO. 33, SERIES OP 1957, AS AllBNDBD, O'B 'l'llB CIU>DAllCBS OP '1'llB CI'l'Y OP BNOLBWOOD, COLORADO, KNOWN AS THE MISCBLLAIBOOS "OJ'J'BISBS CIU>DAJICB", BY ADDING THBRETO A MEW SUBSECTION 13.5 (a) MAKINO IT um.ADUL Pcm Aft PIRSCll Cit PBRSORS TO VILPULLY RETAIN ANY BOOK, NEWSPAPER, MAOAZID, PAMPllLB'l', JIOU- SCRIPT OR OlilBR PROPBRT! BBLDNOINO IN OR TO ANY PUBLIC LIBRARY, RBADillO Roell Cit 01'iiB1R EDUCATIONAL DISTITUTION POR 30 DAYS AFTER NOTICE IN WRITING TO RE'l'ORlf '1'llB SAlll, OIVBN APl'BR EXPIRATION OP THE TIME THAT, BY THE RULES OP SUCH INSTI'l'U'l'IOR, SUCH ARTICLE OR 0'1'HBR PROPERTY MAY BE KEft. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO: Section 1. Ordinance No. 33, Series or 1957, as amended, ot the ordinances ot-the CitJ or Englewood, Colorado, known aa the "Miscellaneous Ottenaea Ordinance", ia hereby amended by adding thereto a new Subsection 13.5 (a), which shall read as follows: "It shall be unlawtul tor any person or persons to wilfully retain any boo~1 • .newspaper, nagazine, pamphlet, manuscript or other propert1 belonging in or to any public libraey, reading room or other educational institution tor thirty (30) days after notice in writing to return the same, given after the expiration or the t1me ,tlla$~ bJ the rules or such institution, such article or other property may be kept." Passed on Pirat Reading bl the City Council or the CitJ or Englewood, Colorado, this 3rd daJ ot April, A.D. 1961, and ordered published in tull in the Bnglew09d B!rald !!ls! Enterprise. . · ATTEST: was read tor the r I I I I I Minutes of April 3, 1961 COUNCII.llAN WOODS MOVED, COUNCIUUN McLEI.X.AN SECONDED, THAT THE PROPOSED BILL POR AR ORDIHARCE BE PASSED ON PIRST READING AND ORDERED PUBLISHED IN PULL IN THE ENOLKWOOD HERALD AND ENTERPRISE. Upon the call oot the roll, the vote resulted as follows: Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kre1ling. Haya: None Absent: None • The Mrl•r~dfolared the motion carried. REPORT ON ANNEXATION PETITION Petition l2£ Annexation .2l, Area Including Approximately J.Q Acres 611-42 611-42 611-43 Relating ~ Petition l.2£ Annexation ot New Tract .2l, Approximately 60 Acres The City Attorney reported that he had examined both petitions tor annexation and that they both appear to be regular and sufficient and comply with State Statutes in regard to annexations. He stated he had prepared notices ot publication ae re- quired by Statutes. Council.an Braun stated that in addition to the need to till the requirement ot the Statute• with regard to publication and protest that the City Planning and Zoning COllll1.eeion needs to review the petitions and make their recommendation •• Dia- cueaion ensued. COUNCILMAJf Mel.KI.IAN MOVED, COUNCILMAN BRAUN SECONDED, THAT THE CITY COUllCIL ucn--v-g '1'RB NOTICE OP PB'l'ITION POR AND PROPOSED ANKIXATION TO CI'l'Y OP THI TWO TRACTS OP LAID AID AUTHORIZES PUBLICATION OP THIS NOTICE RELATING TO TRI 30 ACRB TRACT ARD DIRBCTBD THE PLANNING COMMISSION TO STUDY AND MAKE A REPORT OJf THIS PROPOSAL AS SOCl'f AS POSSIBLE. Upon the call ot the roll, the vote resulted aa tollowa: Ayea: Councilmen Woode, Miles, McLellan, Martin, BrOllnewell, Braun, Kreiling. Raye: None. Absent: None. 'l'he Mayor declared the motion carried. COUJICII.llAN BROWMBWELL MOVED, COUNCIIMAN MARTIN SECONDED, THAT THE CITY COUNCIL RBCBIVB TBB NOTICE OP PETITION FOR A PROPOSED ANNEXATION OP COITIOUOUS LAND CmlPRISBD OP 6o ACRD AMI> AUTHORIZE PUBLICATION OP THE SAME AND THE PLANNING COlllISSION BE DIRBCTBD TO MAD A STUDY AND REPORT TO THE CITY COUNCIL AS TO THE PROPOSED AJGIBXATIOR. Upon the call ot the roll, the vote resulted as follows: Ayea: Councilmen Woode, Miles, McLellan, Martin, Brownewell, Braun, Kreiling •• Raya: None. Absent: None. The 111.yor declared the motion carried. 611-61 MEMORIAL FOR CHARLES R. ALLEN The City Attorney presented the following resolueion to the Council for its consideration: "1! E §. .Q !! g ! .! Q 1! ~Charles R. Allen served the City or Englewood, Colorado, ae Mayor an4 waa an outstanding public official or said City tor .many years, being ~rJ largely responsible tor the beginning or the Englewood water and sewer eyetema and many other forward-looking achievements for the betterment ot the City and ita inhabitants; and, WHBREAS, said Charles R. Allen unselfishly devoted countless hour• ot his ti11e to the promotion of the advancement and welfare or the City and its inhabitants; and, WHBREAS, the City or Englewood and the citizens thereor have auttered a great and irreplaceable loaa by the passing on of this outstanding public servant; and, WHEREAS, the City Council of the City of Englewood deems it not only titting, but necessary and proper to express its appreciation tor the ettorts uneeltishly and devotedly expended by Charles R. Allen on behalf ot said City in order that in some snall measure the appreciation ot the City may be shown by its official records: . NOW THEREPORE, BE IT RESOLVED BY THE CITY COONCIL OP THE CITY OF ENGLE- WOOD, COLORADO, this 3rd day ot April, 1961, that the said City Council hereby expreseea, on behalf or the City, its appreciation for the unique and out- standing contribution or Charles R. Allen to the advancement and welfare ot the City and its inhabitants; that this resolution be made a part ot the ' 399 400 Minut es of April 3, 1 9 61 otticial records or the said City; and that a copy thereof be transmitted to the widow and family or the said Charles R. Allen as an expression or sympathy and loss in the passing or one ot the City ot Englewood's greatest citizens. Approved and adopted by the City Council this 3rd day of April. 1961. ATTBST: COONCIUIAN BRAUN RBSOLUTIOJf BE ADOPTED tollowa: ~ L~L~- (/ ---LMAYOR~-/' , COUNCIUt!AN McI.F,LI.AN SECONDED• THAT THE PROPOSED READ. Upon the call or the roll, the vote resulted as Ayes: Councilmen Woods. Miles, McLellan, Martin, BroWBllwell, Braun. Kreiling. Nays: None. Absent: None. The Jla7or declared the motion carried. 611-62 RELATING TO SOUTH ENGLEWOOD SANITATION CONTRACT The Cit7 Attorney read a letter to the Mayor and members ot the City Council aa tollowa: "JOSEPH W. ESCH Attorney and Counselor at Law 303 Pirat National Bank Building Englewoo4. Colorado sunset 1-7212 March 30. 1961 The Honorable John c. JCreiling, Mayor and the City Council ot the Cit7 ot Bnglewood. Colorado Cit7 Ball Englewood. Colorado Oentle•n: Pursuant to directive of the City Council at the meeting ot March 20. 1961. I have reviewed the contract dated October 14. 1952, between the City or Englewood and South Englewood Sanitation District No. 1. My conclusion from a review ot this contract is that is doesnnot clearly define the duties or the parties relative to aome ... ttera which ahould be included therein. I aa also informed by the City Manager that the South Englewood Sanitation District No. 1 baa not regularly filed with the City plats showing the location ot all lateral and main lines and all appurtenances. including manholes. lampholes. and any extensions or additions thereto, and that the District baa. from time to tille. without notice to the City, installed mains within the City limits. to the dallage ot the City streets and alleys. and without recompense to the Olty. In view ot my examination or the contract and the information received from the City 111.nager, it ia my recommendation that I be authorized by the City Council to write a letter to the South Englewood Sanitation District No. 1 containing. in substance, the following statements: (1) That the District in the tuture must file with the City. pursuant to the contract. any plat or plats or other information called tor in the contract. and that any deficiencies in past filing shall be promptly supplied to the Cit7. (2) That although the right or the District to proceed by eminent domain is recognized by the City. there 1a no provision in the contract which gives it unliaited authority to proceed in its unfettered discretion to damage the atreeta and alleys or the City or Englewood in the installation or sewer mains; that 1n the tuture the City will require that the District obtain troa the City a permit tor the installation or any main in the streetsaandlll.eya or on other property or the City ot Englewood. and that the surtace. atter such installation. shall be restored to its original condition at the expense ot the District. to the sole aatiataction or the City. (3) That 1n the event the District does not comply with the provisions or the letter, the City will reel tree to proceed against the District by such I I I I I Minute s of April 3, 1961 legal action as may be advisable in order to protect ··dts rights, as herein- above set forth. JVB/em" Very truly yours, /s/ Joseph w. Each Joseph W. Esch City Attorney City ot Englewood, Colorado COUlfCILMAN MILES MOVED, COONCIIMAN BRAUN SECONDED, THAT THE CITY ATTORNEY BE AtrnlORIZBD TO WRITE A LB'l"l'ER TO THE SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 AS OUT- LDBD IN HIS LITl'ER TO THE MAYOR. Councilaan Braun called the attention ot the Council to a recent court decision that a contract may be reviewed after ten years time to determine it the contract is serving the intent ot the parties to the contract. The City Manager reported that several incidents ot con c re.ct violations have occurred recently leading to this review. Upon the call of the roll, the vote re- sulted as follows: Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. 611-63 RELEASE OP OPP-STREET PARKING REQUIREMENT TO C. A. FRITSINGER The City Attorney reviewed that upon the rendering of a Supreme Court decision relating to oft-street parking that Mr. Pritsinger requested that the oft-street parking reservations ot certain lands in the City ot Englewood be released. He stated that in response to the request or the City that a tornal release be pre- pared that a release easement agreement had been prepared and presented to the City. He stated that he had reviewed this document and reco111Dended its adoption •• COURCILICAlf McT.RJ'.I.AN MOVED, COUNCILMAN WOODS SECONDED, THAT THE MAYOR AllD CITY CLBRIC BB AUTHORIZED TO SIGN THE RELEASE POR EASDtENT DOCUMBNT SUBCI'l"l'ED BY MR •. a. A. JPRITSINOER ON BEHALP OP '1'HE CITY OP ENO~OOD. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. RELATING TO DAMAGE TO CITY PROPERTY The City Attorney reported that he had received a memo trom the City Manager calling to his attention an accident wherein Mr. Sherman Logsdon was at fault and $500.00 dalll.ge was involved. He requested that he be authorized to enter a damage suit against th1a party. Diacuasion ensued. COUNCIIMAlf MARTIN MOVED, COUMCILMAN BRAUN SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO BRING SUIT AGAINST MR. LOGSDON FOR THE DAMAGES TO CITY PROPERTY. Upon the call ot the roll, the vote resulted as follows: Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Nays: None. Absent: None • The Mayor declared the motion carried. The City Manager coa111ended the City Attorney tor his success in collecting the various lliscellaneous claims ot the City against various citizens with regard to minor accidents or other causes. RELATING TO DOG ORDINANCE AND OTHERS The City Attorney reviewed that the City Council had referred to him the ex- istt.ag dog ordinances or the City tor review and suggested amendments. He stated that he had reviewed these ordinances and found them to be legal and proper but that individual citizens were reluctant to complain against their neighbor. The City Attorney reported that the Police Chief llad recoJ11Dended that the Police Department be authorized to issue citations payable in the Trattic Court for violations ot dog ordinance, ice and snow clearance, anti-litter ordinance, loitering ordinance, discharge of fireworks ordinance, keeping of animals ordinance, 401 402 Minutes of April 3, 1961 violation or ice box safety ordinance and dumping or foul wastes ordinance. He stated that he had reviewed the suggestion or the Police Chier and round them to be plausible. He asked authority to draw a bill for an ordinance authorizing the handling ot these matters by Traffic Court procedure. COUMCIIMAN MARTIN MOVED, COUNCIUtAN McLELLAN SECONDED, THAT THE CITY ATTORMBY BE DIRECTED TO PREPARE AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITATIONS PAYABLE Ill 'l'HB TRAPP'IC COORT ON VARIOUS MISCELLANEOUS OFFENSES AS DISCUSSED. Upon the call ot the roll, the vote resulted as follows: Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. SUIT POR ACCESS TO BEAR CREEK FILTER PLANT The City Attorney reported that the condemnation suit against the Soper et al had been tiled in court and he had deposited $5,000.00 with the court pending the determination or value by board or coDDDissioners. He explained that this board conaiated ot three men one appointed by the plaintitt, one by the detendant and one by the court agreeable to both the plaintiff and defendant. He suggested that an ex-Councilnan be appointed as the Commissioner for the plaintitt. Discussion ensued. COUMCIUWf McI.EJJ.AN NCMINATED CHALMERSE PARKER FOR CCIMISSIONBR S COUNCllMAN BRAUM MOVED, COUNCii.MAN MARTIN SECONDED, THAT NCllINATIORS BE CLOSED AND 'l'llE CLERIC BE INSTRUCTED TO CAST AN UNANIMOUS BALLOT POR CllALMBRSB PARDR POR CCIOIISSIOJIER. Upon the call ot the roll, the vote resulted aa tollows: Ayes: Council•n Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Raya: None. Absent: None. The Mayor declared the motion carried. RIOH'l'-OP-WAY ON SOUTH DOWNING STRBBT The City Attorney reported that he had come to agreement tor the purchase tor right-ot-way tor the improvement ot 3500 block South Downing trom each or the owners ot the various parcels. RECESS The Mayor called a recess or the Council until 9:45 P.M. •CALL TO ORDER The Mayor called the Council to order with the following Councilmen present: Counc11 .. n Braun, Brownewell, Martin, McLellan, Miles, Woods, ICreiling •• 'ftle Mayor declared a quorum present at 9:55 P.M. Introduced aa a bill by Councilman McLellan 611-10 A BILL P<lt AR ORDIJfANCB NO. 12, SERIES OP 1961 Alf CBDIJfAlfCE CREATING AN IMPROVEMENT DISTRICT IN 'l'HE CITY OP EHOLEWOOD, COLORADO, TO BE DOWJf AS PAVING DISTRICT NO. 11; ORDERING THB CONSTRUCTION 'l'llBREDf OP STRBIT DIPROVIMBN'l'SJ PROVIDING POR THE ISSUANCE OP BONDS OP THE DISTRICT IJf PAYlllll'l' JPOR SAID DIPROVBMBN'l'S; PROVIDING FOR NOTICE TO CONTRACTORS ARD TO BIDDERS JPOR SPECIAL IMPROVIMBN'l' DISTRICT BONDS OP SAID CITY; AND DBCLARIMO Alf EMERODCY. WllBRBAS, the City Council of Englewood, Colorado, pursuant to the Charter and Ordinance No. 8, Series 1959, aa amended, of said City and the laws or the State ot Colorado, hereby tinds and determines that there exists a necessity tor the creation or Paving District No. 11, in said City, and the construction therein of certain street improvements, as described herein; and WHEREAS, The City Council has heretofore directed the City Engineer to prepare plans, apecitications, maps and schedules in accordance with said laws; and WHEREAS. the City Engineer has made his report in the premises, and has filed with the Clerk ot said City all the maps and certificates of his survey, as well aa schedules, plans, specifications, approximations or cost, and all other matters and things in complete form and substance as by law required; and WHEREAS, the said report so made and filed, together with details, specifi- cations, estimates, maps and schedules, are hereby approved and adopted by said City Council~ and I I I I I I I Mi nut e s of' Ap ril 3, 1 9 61 WHBREAS, the City Council directed the City Clerk to published in the F.nglewood Herald and Fnterpriae, a newspaper or general circulation in said City, Notice or a proposition to create said District, and that on March 27, 1961, at 8:00 o'clock P. M., all com.plaints and objections that might be made in writing concerning the proposed improvements by the owner or owners or any real estate to be aaaeaaed, or any person or persona interested generally, would be heard and determined by the City Council ot said City ot EnglewoocJ, betore tinal action ot aaid Council thereon, and that atter the determination or all complaints and obJectiona was made, aaid City Council would take up and consider an ordinance creating said District and ordering the proposed improvements; and VRBRBAS, the City Clerk, by advertisement tor a period or more than fifteen (15) days prior to the said 27th day or March, 1961, gave notice in form and sub- stance ot the matters and things above-mentioned as ordered to be given, in all respects 1n accordance with law and said order; and WHEREAS, the City Clerk has mailed to each known owner or real property to be aaaeaaed with the coat or said improvements, a Notice of Intention to create said District, as provided by the Resolution adopted by the City Countil or March 6, 1961; and WHBRBAS, at the time and place specified in said Notice, the City Council met in open session tor the purpose ot hearing any objections or protests that might be •de against said improvements; and WHEREAS, certain written objections were tiled and certain oral inquiries and objections were made at said meeting; and VRBRBAS, all objections were duly considered and were by the Council overruled and denied; and VRERBAS, the City Council hereby finds and determines that a general public benefit will accrue to the City from the proposed improvements; TRBRBPORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OJI ENGLEWOOD, COLORADO, THAT: Section 1. Said Paving District No •. 11 is hereby created and said improvements hereinafter described, consisting or street improvements, were duly ordered after Notice duly given and hearing duly held, all as required by law. Section 2. Said improvements shall consist of: Necessary grading and excavation, paving with six-inch compacted gravel base course, with two-inch asphaltic concrete surface, and con- crete walks, curbs and gutters, where not already installed; together with appurtenances and incidentals on the following streets and avenues: ~ PRCJt1 1'.Q South Acom St. s. aide w. Princeton Ave. N. side w. Quincy Ave. South Aco• St. • s. aide W. Layton Ave. N. side w. Chenango Ave. West Adriatic Pl. w. aide s. Tejon St. E. side s. Vallejo St. East .Amherst Ave. w. aide s. Clarkson St. 153 feet westward South Bannock St. (strips only) s. side W~s llaha~l•ld l Avt v e . N. side w. Oxford Ave. South Bannock St. S. side W. Oxford Ave. N. side w. Quincy Ave. South Cherokee St. N. aide W. Hampden Ave. Little Dry Creek All ot South Cherokee Circle South Cllerokee St. s. aide W. Quincy Ave. N. side w. Radcliff Ave. City Park Drive S. Huron St. Little Dry Creek South Downing St. s. aide E. Hampden Ave. N. side State Highway No. 70 East Eaat•n Ave. w. aide S. Lafayette St. E. side s. Downing St. South Emerson St. S. aide E. Bates Ave. N. side E. Cornell Ave. Baat l'loyd Ave. w. side s. Washington St. E. side s. Logan St. South Pox St. s. aide w. Bates Ave. N. side w. Cornell Ave. South Galapago St. S. aide w. Mansfield Ave. Denver City Ditch East Girard Ave. w. aide s. Corona St. E. side s. Clarkson St. South Grant St. S. aide E. Layton Ave. N. side E. Chenango Ave. South Huron St. City Park Drive N. side w. Kenyon Ave. 403 :04 .QI! PROM South Huron St. s. aide W. Quincy Ave. South Inca St. s. aide w. Lehigh Ave. South Jason St. s. aide w. Kenyon Ave. South Jason St. s. aide W. Tufts Ave. Weat Kenyon Ave •. w. aide s. Delaware St. Weat Kenyon Ave. . ~'v~ •1dlnS. Inca St. Veat Lehigh Ave. w. aide s. Delaware St. South Logan St. s. aide E. Nassau Ave. South Marion Street s. aide B. Eastman Ave. South Pearl St. s. aide E. Hampden Ave. South Sheman St. s. aide E. Layton Ave. Vest Stanford Ave. w. aide s. Lipan St. West Stantord Dr. N. aide w. Stanford Pl. w. Warren Ave. W. side s. TeJon St. South Washington St. s. side E. Nassau Ave. South Washington St. S. side E. Princeton Ave. Minutes of April 3, 1961 :lQ N. side w. Stanford Ave. N. side w. Mansfield Ave. N. side w. Mansfield Ave. N. side w. Union Ave. E. side s. Pox Street E. side s. Jason St • E. side s. Galapago St. N. side E. Radcliff Ave. N. side E. Floyd Ave. N. side State Highway No. 70 N. side E. Chenango Ave. E. side s. Lipan Court Westward to N. side W. Stanford Ave •• E. side s. Vallejo St. N. side E. Oxford Ave. N. side E. Quincy Ave. Section 3. Said District shall be known as and the same is hereby designated "Paving District No. 11", Englewood, Colorado. Section 4. The construction of the street improvements in and for said Dis- trict, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Council of said City, and now on file in the office ot the Clerk of said City, be and the same is hereby authorized and ordered, the material to be used in the construction of said street improvements to be 1n accordance with such maps, plans and specifications. Section 5. B1 virtue of and in pursuance of the aforesaid laws and the Charter and Ordinance No. 8, Series 1959, as amended, of said City, local improvement bonds ot the City shall be issued for tl1e purpose of paying for the local improvements 1n thia Ordinance described and provided to be constructed in said Paving District, 1n an amount not to exceed the cost of said improvements, including engineering and all incidental expenses, as in said laws, Charter and Ordinance provided. Section 6. Said bonds shall be authorized by an Ordinance later to be passed 1n accordance with the laws of the State of Colorado, the Charter and said Ordinance Ro. 8, Series 1959, as amended of said City. Section 7. The Mayor and City Clerk are hereby authorized to advertise tor bid• to construct such improvements and for bids for bonds to be issued, 1n three (3) consecutive weekly issues of the Engl~~ Jd Herald and .Enterprise, a newspaper ot general circulation published in said Ci~y, which advertisements may run con- currently with the publication of this Ordinance. Section 8. By reason of the fact that the completion at the earliest possible date of the improvements described in this Ordinance is necessary to the illlnediate preservation or the public property, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take ettect upon its tinal passage. Section 9. All ordinances, or parts thereof in conflict herewith are hereby repealed. Thia Ordinance, after its final passage, shall be recorded 1n a book kept tor that purpose, shall be authenticated by the signatures or the Mayor and City Clerk, shall be published in said City, and after becoming ettective, shall be irrepealable until the bonds of said District shall be paid in tull. IMTRODUCED AlfD READ This 3rd day of April, 1961. AT'l'EST: was read tor the I I I I I I I M)V"SD , C') mc ILMA (} All!J 0RDE RB D r n ouncilman Br aun report u1ncy , wh o o bjecte d to ol d Mr . McCorm ick thnt h purpose if he still objecte d t hat he t ro p0 se d coul d t tha t pon the call or the r o ll , t h e v o te r Minute s of Ap ril 3, 1961 SEC ')IJDS D , THA T THE PRJPIJSE D BILL J N FUL L IN THE ENGLEWO OD HERALD furthe r with Mr. McCormick, 8 30 West me nt for the pavin g of S outh Huron Street. h o nsse~s men t at t he h earing for that ulten ~s f ollows: Aves : Co un cilmen Wo ods , Mile s , McLellon , Mn.rtln , Br ownewell, Braun, Kreiling. s : None . Absent : N on~. The Mavor declare d t mot ion carried . Introduced as a b ill by CouncilMan rt i n 601 -69 ILL FOR RDI NANCE NO . 1 3 SERIES OF 1961 AN ORDI NANCE APPR;)VI NG THE \!HJL E COST OF THE I MPR OVEME NTS MADE I N AND FOR PAVING DISTRICT NO. 10 , I N THS CITY I F EN GLE WOO D, COLOR.l\DO ; APPROVING AND CONFIRM I NG THE APP'JRTIONM ENT OF S AID CO ST TJ EhCH LOT J R TR ACT OF LAND IN SAI D DISTRI CT; AS SESSING A SHARE 'JF S AID CQ C)T AGAINST EACH LOT OR TRACT OF LAND I N THE DI STRICT; PRE SCRIBING THE MANNER FJR TH E CJLLECTIOl'i hND PAYMENT ')F SAID ASSESSMEN TS ; AND DE CLA RING AN ERGENCY . RF.AS , t he re h as boon complian c e with a ll the provis ions of law relating to the construction of paving i~provements in Paving District No. 10 in the City of ng l ewoo d , Color ado , created pur suant to Or d inance No. 15, Series of 1 9 60, finally a d opted and approved on the 1 5th day o f Jul y , 1 9 60; a nd lERE AS , the tirTB f o r fi l ing wi t h the Ci t y Clerk of the Ci ty of Englewood com- plaints or obj e ctions to the pr o c eedings of the Ci t y Council has elapsed; and RE AS , t h ere we re n o wr itte n c omplain t s file d wit h the Clerk pursuant to public notice ; and WHERE AS , n o com o laints or o b j e c t ions we r e p resented in writing or orally at a public hearing therefor , and no ac tion wa s take n to adjust or alter the list of assessments as published ; and WHEREA S , fr om the statement ma de an d f iled with t h e City Council, it appears that the whole cost of sai d imp ro vene n ts is the s um of $303 223.03, of which amount the City of Englewoo d will pay $ 8 7,633 .74, le av in ~ $215,5~9.29 to be assessed against the real property i n sai d Di st ri ct , sai d am ount i n clu d ing co s ts of inspection, collection an d other incidentals and a l s o inc l ud ing i nt e rest as allowed .by law; and .VHERE AS , from said st a teme n t it als o appear s that the City Council has appor- tione d a share o f the sai d whole cost t o each lot or tract of land in said Distric:t, in accordance with th~ benefits t o be de r ived by s a i d property and in the proportions and a mounts severally set f or th in a Res oluti on a d opte d by the City Council on the 20 th day of F ebruary , 1961 , and in a publi c No ti c e, published in The Englewood Herald and Enterprise and Press on F ebruar y 23 , March 2 , Ma rch 9 an d March 16, wh ich Reso- l u tion an d Notice are by refe r ence made a p art h ereof ; E IT ORDAINED BY THE CITY COU NCIL 0 f<' THE CITY OF ENGLEW OOD, COLORADO : Secti on 1 . That the wh ole co st and app ort i onment of the same, as set forth in said Resolut ion an n Notice is he reby a ppro ved and c onf i rmed , and sai d apportionment is he r eby declared to be in accordanc e with the b enef its wh ich the property in said Di strict wil l receive by re a s on of t h e co nst r uct ion of s a id i mprovements, and a share of sai d cost is h ereb v assess e d t o an d upon ea c h lot or tract of land within the Dis- trict in the proportions a n d a.mo u nts set fo rth in sai d Resolution and Notice. Secti on 2 . That sai d assessme n t s s hal l be due a n d payab le at the office of the City Trea s ure r, within thirty days a f t e r the f inal publication of this O~dinance, without demand ; provi ded that a ll suc h assessment s may , at t h e election of the owner, be paid in installments , with inte r es t as he reinafter provi ded. Failure to pay the whole assessment within sai d pe r i o d o f thirty days s hall be conclusively considered and he l d an electi on on the pa r t of a ll pe r s ons intereste d , whether under disability or other wise , to pay in such ins t a llments . I n case o f such election to pay in in- stallments , the assessments shall be payable a t t h e office of the County Treasurer of Arapahoe County , Color ado, in ten (10) equ a l a nnual installments of principal, the I'irst of wh ich installments of prin cipal sha ll be due an d p ayable on or before the 1st day of August , 196 1 , and the remain de r of sa i d installments shall be due and payable successively on or befo re the 1st d ay of Jan u a r y, 1962, and the 1st day of January in e a ch y ear t h e r eafter, until paid in f ull, an d assessments will become de linquent on the 1st d ay of' Au g us t in each ye a r irmned iately f ollowing the date when installment s of assessments a r e due , wi th inte r es t i n all c as e s on the unpaid principal at the rate of six per c entum (6%) pe r a nn um , payable August 1, 1961, and annually thereafter on Januar y 1 each year a t t he time o f p aying installments of principal . Failure to pay any installme n t , whether of principal or interest, when 405 ihutes of April 3, 1961 due, shall cause the who l e o f the unpaid principal to become due and payable immedi- ately , and the whole amou nt of the u npaid principal and accrued interest shall there- after draw intere st at the rate of one pe r centum (l ~) per month, or fraction of a month until the date of tax sale, as by law provided, but at any ti me prior to the date of the sale, any owner may p ay the amoun t of all unpaid installments with in- terest at one p er centum per month, or fraction of a month, upon all delinquent in- stallments, and all penalties accrued, and shall thereupon be restored to the right the reafter to pay in ins tallments in the same manner as if default had not been suffere d . The owne r of any property not in default as to any installment or payment may , at any time, pay the wh ole of t he unpaid principal with accrued interest to the maturity of the next installment of interest or princ~pal. Payments may be made to the City Treasurer at any time within thirty days after the final publication of this Or d inance, and an al lowance of five per centum (5 ~) will be made on all payments made during such pe riod, but not thereafter. Imme diately after the expiration of said thi rty day pe rio d , sai d a ssessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section 3. By reason of the fa ct t hat b onds of said Paving District No. 10 are now outstanding and interest thereon will s nortly become due and payable, that funds mus t be made available at the earliest possible date for payment of such interest and that payment of such interest is ne c essary to the immediate preservation of the public property, h ealth, peace a n d safety, it is hereby declared that an emergency exists and that this Or di nance shall take effect upon its final passage. Section 4. This Or d inance, after its final passage, shall be recorded in the City Ordinance Boo k kept for that purpose, shall be auth enticated by the signature of the Mayor and City Clerk, and shall be published in The Englewood Herald and Enterprise and Press, a newspaper of g ener al circulation published in said City, within 7 days after its final passage, and shall be and remain irrepealable until the ass essments he re by made shall be paid in full. INTRODUCED AND REA D This 3rd day of April, 1961. Is I 7;1f=M=,..... t=;.,. (,¥' , ~..... • ATTEST : was read for the time . COUNCILMAN MARTI N r.~'JV l<~D , CO UN CILMAN MCL ELLAN SE CONDED , THAT THE PROPOSED BILL E PASSE D ON FIRST REA DI NG AND OR DERED PU3L ISHED I N FULL IN THE ENGLEWOOD HERALD AND ENTERPR I SE . Up on the call of the roll, the vote resulted as follows: Aves: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Nays : None. Absent: None. he Mayor declared the motion carrie d . RELATING TO '3ILL FOR PAVING AT NATIONA L GU ARD ARMORY The City Ma nage r reporte d t h at Senator Rogers suggested that the City of Engle-: wood contact the Governor with re gard to urg ing his final approval end signature on House Bill No. 251 wh ich woul d pay the paving assessment for the National Guard Armory in Eng lewoo d . Th e City Manag er suggeste d that this letter should. come from the Council rather from his office. Discussion ensued. COUNCILMAN MCLELLAN MO VED, COUNCIL MAN BRAUN SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED AND DIRECTED TO WRITE A LETTE R TO TH E GOV ERNOR OF COLORADO ON BEHALF OF THE AYOR AND CITY COTTNCIL URGING THAT RB AFFIX HIS S IG NA TURE TO HOUSE BILL NO. 251 AS IT DIR RCT LY AFFECTED THE CITY OF EN GL EWOO D. Upon the call of the roll, the v9te re- sulted as follows: Aves: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kre111ng. ays : None. Absent : None . he May or decla r ed t h e motion c a rried. 611 -8 RELATING T ENCH CO MP ANY CONTRACT The City ManaBer reoorte d that the ordinance authorizing the bench contract was now affective and the be nch contract was now on hand. He stated that there was no acti on necessary simply wante d to report this to the Council and present the agree- men ts to the Mayor and Clerk for signatures. I I I I Minutes of April 3, 1961 611 -.57 TRE ASURER 'S ANNU AL REPORT FOR YEAR EN DIN G DECEMBER 31, 1960 The City Tre asurer reporte d that he h ad presented to the City Manager on arch 31st cop i es of the annual Treasurer's report as required by the Charter. He asked the Council if they wished to enter into discussion of the report at this time . C ~~ilman McLellan state d that h e felt it was a very good report but did not ha ve/'~& reed entirely and sug g ested t hat it be received at this time. COUNCIL MAN .MCLE LLAN t-1J REPORT FO R THE VEAR EN DING IL AT IT~ NEXT 4T vote resulte d as follows : AN BR ATJJ'T ~ECONDED , THAT THE ANNUAL TREASURER'S 1 9 60 BE REC E IVED AND BE DISCUSSED BY THE N APRI L 24th. Upon the call of the roll, the Ayes : Co uncilmen Woo d s , l ~i les, Mc Le llan , Ma rtin, Brownewell, Braun, Kreiling. avs :-None. Absent : None. The ~av or d eclare d the motion c a rrie d . 611-.58 CIT ANAGER 'S ANNTTAL REPJRT TO THE CIT IZEN S The City Manager stated that the Ma nag e r's Annual Report had been sent to all water users in tre City and that it was almost entirely financial in nature. He stated tha t no action was required by th e Council but that he would discuss the report with the Council at t h is time . Councilmm McLellan expres s e d the view that it was a very fine report and more re p orts of t h is nature should he p repared . RE LATI NG TO I MPROVEMENT OF WEST UNION AVENUE The City Manager reporte d t hat he had met with the County Commissioners with City M ana~er Moore of Littleton p res ent . Th e improvement of West Union Avenue from S outh Santa F e to the dump h ad been di scus sed . The result was the authorizing road oil to b e lai d on top of the existing street surface as long as the dump operation c ontinued. The cost to be an expense of the operation of the dump. REL AT I TJ CLARKSON s r REET BRIDGE The City Manng er reporte d that h e h ad brough t up the replacement or improvement of the S outh Clarkson S treet bridg e at Dry Creek. He stated that as Commissioner Sco tt was not present the othe r two r-ommj~~1o ners ~eemed reluctant to discuss this ma~t.Pr . He ~t~ted that the view seeme 0 to be that the Commissioners did not feel that the County was obliged to undertake the project or a portion of the project due to the failure of one of the parties to the project to accept their responsibility. The Ci ty Manag er, therefore, rec o1nmen ded re de cking the bridge only with creosoted timbers and asphal tic pav ing . The May or remarked that the Co unty should set a policy relating to the County arterials \here t hey a re locate d in a city or on a boundary therefor. He discussed in some detail designation of st reet s f or d i f feren t purposes and how it affected the state system. REL ATI TO SEAL -C OATING PROGR AM Councilman Mc Le llan a s ked if t he re h ad be en any commitment for street improvement by the County in the City of Eng lewoo d . The City Manager reported that there had been othing d iscussed . Councilman McLe llan sugge ste d that he would like to have discussion by a committee of the Council wit h a ll t he Commis si oners to set a p rogram for this work by the County in the City Li mit s of ~nglewood . As in the past he suggested that the seal-coating prog ram was that of g r eatest benefit. The Ma yo r a g ree d to make an appointment with the Commissioners and then contact the various Counc ilmen so that a mee ting could be assured. RELATING TO ROBINS ~N TRAC T The City Ma nag e r reporte d that t he Robins o n tra ct s ought annexation to Denver. He a l so reporte d that an area west of En g lewoo d , s outh to and including .r ·ort Logan was under consi deration f or annexat ion by De n ve r. INT~R COUNTY REG IO NAL PLA NNIN G CO MMISS IO N ASS OCIATE MEET ING INTE R COUNTY RF:OIJN AL PL ANNI N'J co ~n·HSSIOl'l ASS OCIA TE MGJ.1BE RSHIP MEETING The Ci ty Manag er reporte d t hat t he Inte r County Hegional Planning Commission was having an associate d inner me eting on Ap ril 11, 1961. This meeting was a regular qi a r te rly meeting . The ~ayo r suggeste d t who could attend . the mem b ers o f t he Planning Commission be polled to see 407 COTTNCILMA pqESEllT ATI VM ILE p TfflO; INTl!:R t'Tifl'G OF APRI L 11. 1 961. Minutes of April 3, 1961 OVED , CJl P'CILM AN MCLELL AN SEC8NDE D, THAT THE EXPENSES OF ONE PL ANNING C'J"1MI SSI'J l! gr.; AUTHO RI ZED FOR PAYM ENT FO R THE ASSOCIATE 'HTNT Y REGION AL PLA HNING C0 11 ,TM ISSIO N ASSOCIATE MEMBER S HIP TO BE Up on the call of t he roll, t he vote resulted as follows: Ayes : Councilmen Woods, ile s , i'1cLellan , Martin, Brownewell, Braun, Kreiling. Nays: None. Absent : None. he Mayor declar ed the motion c a rrie d . '""LATIN LIC UTILIT': .:A RI~ TRANS IT .~UES T The City Manage r reporte d t hat a pub lic h earing by the Public Utilities Commission on the suburban transit re ques t for increase d fares would be held on May 8, 1961 at 10:00 P .M. at t h e hearing room. Discussion ensued with regard to the proposed increase. The Mayo r requeste d that Councilmen Woo ds , Bro-wnewell, 81 d Martin attend this hear- ing on behalf of t h e City. RELATING TO BI DS F OR CAST IRON PIPE The City Manage r reported that he had received a letter which had also gone to each of the Councilmen relating to a restriction in method of delivery of cast iron pipe. He st a ted tha t this restriction of truck delivery h ad been lifted prior to the date of bid opening but t h e p articular c omp any writing the letter objedting to this method of delivery di d not se e its way cle a r to bid. He spoke of the experience the City had in accepting delive r y of pipe from rail car transferred to truck and sub- sequently ~lo ade d at our yard. Th is proce dure h ad resulted in considerable breakage of pipe. 611-64 PETITION FO R ANNEX ATIO N OF KL Z SITE r. Alex Hollan d presented a petition for annexation of a tract of land con- taining 54 acres northeast of the City own ed by the Aladdin Broadcasting Company and occupied by the KL Z transmitter. He presented in addition to the petition, the following items:· inen copy of four prints of the p lat of the area. The request that the land be zoned by concurrent zoning and annexation in the C-3 zone as published sub- ject to these controls. Shopping Center Market Research Sales Potential Study, prepared for TIME, In- corporated, Rockefeller Center, New York, New York, John Combs Associates, Inc. John w. Combs Lim ite d , Planning and Development Consultants, New York -Toronto - Det roit -London, May 23, 1 96 0. Statement of net worth by Ernst an d Ernst, First National Bank Building, Denv er 2 , Colorado, March 30, 1 961. Traffic Study for Cinderella Shopping located at KLZ site at Hampden Avenue, Prepared by Meurer -Seraf ini -Me urer, 1815 Federal Boulevard, Denver 4, Colorado. And performance b ond in the penal sum of $250,ooo.oo conditioned upon complirmce with Ordinance No. 10, Series of 1961 • • Hollan d stated that he was pre p are d to provide any further information as necessary. The City Manage r aske d for u description of t he southern boundary of the pro- posed annexation. Mr. Holland reporte d t h at it was the north line of the State Hi ghway rig ht -of-way . The City Ma nag er aske d when the C-3 ord inance and the ordinance amending pro- cedure for zoning were effective. The City Attorney stated that these ordinances had b een passed earlier in the evening a n d were effective immediately upon passage. r. Hollan d filed with the City Clerk t h e above noted papers at 10:05 P.M. C~UN CI LM AN BR AUN MOVE D, CO TTNC ILMAN MCLF.L LA N SECONDED , THAT THE PETITION FOR PROPOSE D ANNEXATIO N B~ R~CETV ~D AND FAV JRAB LY CONS IDERED AND THAT THE FILING OF TRAFFIC STUDY FO~ CINDER ELLA SHOPPING LOCATED AT KLZ S ITE AT HAMPDEN AVENUE, SHOPPING CENTER ARKET RE SE ARCH SALES AND POTE NTIAL S'r lTDY , SlffiETY BOND AND FINANCIAL STATEMENT FROM ERNST AND ER NST , CPA RE ACK NOW LEDGE D. T HE PET I TI ON TO BE REFERRED TO THE CITY ATTO RNE Y FOR AN '.JPINION AS TO ITS LEGALI TY AND SIMU LTA NEOU SLY TO TH E PLANNING COM• ISS I ON FOR A RECOMMEND ATION JN THE PWJPOS ED Z:1NING . Upon the call of the roll• t he v ot e resulted as fol lows: Ayes : Councilmen \J oo ds , Miles, Mc Lc llan, Ma rtin, Brownewell, Braun, Kreiling. Nays: None. Absent : None. The Mayor declared the moti on carrie d . I I I I Minutes of April 3, 1961 Mr. Harol d Fede r r e quest e d that the City Attorney enumerate the reasons for the passage of the C-3 o r d inance and t h e conc u rrent zoning ordinance as emergency ordinances. The City At torney r eplied that the pr eamb l e s et forth that good zoning practices re- quir ed the immediate pas sage . 61 1-13 AP PROV AL OF BILLS , CLAIM S AND INVO IC ES FOR THE MONTH OF MARCH, 1961 The City Clerk-Tr eas urer reporte d that t h e Ma rch 31st payroll was not included in the list but wo ul d be approx i mat e l y the same as last month at this time. The City anag e r agreed , stat ing that t h e pay i n crease would not be included in the list or bil l s until next month . COUNC I LM AN BRAUN M ~V E D , COUN CI LM AN 11I LES SECOND ED, TH AT THE BILLS, CLAIMS AND INVO IC ES AS APPROV ED SY THE CI TY MANAGER AND LISTE D BY TH E CLERK BE ALLOWED. Upon t he cal l or t he roll , t h e v o te result e d as follo ws: Aves : Councilmen Wo o ds , Mi l es , Mc Le lla n, Ma rtin, Brownewell, Brain, Kreiling. avs : None . Ab s e nt : None . The Mayor declare d t he mo t i o n carrie d . RELATI NG TO ANNEX ATIO N l3IL L PASSSD RY THE STA TE LEG ISLATURE The Ma y or stat,e d t h at Sena t or Rogers h ad worke d a g ainst the bill and had asked t h at En g le woo d 's posi t ion be e stab li shed . o un cilman Mc Le ll a n state <l th a t t he City sho u l d inform the Governor of their p os i tion and as k that a p oll be taken . He d is cussed also the Metropolitan Sales Tax proposal . Discussion ensue d . Co u nc ilman Br a un a s ked that a poll be taken on all of t h e mea s ures separa tely . The Mayor calle d f or a poll on the annexation. All members present vote d a g ains t t h e pro p o s e d a nnexation b ill. The Mayor called for a poll on t he S ales Tax . All me mbers pr es ent voted fav orable to Sales Tax. The May or stated that h e wo u l d write a letter to the Governor indicating Engle- wood 1 s favo r ing the Sales Tax Di s trict an d O~posing the annexation ordinance. NEED F OR PU BLIC I NFORMATION Counc ilman McLellan spoke in c ons i derabl e detail of t h e need for means to pro- mote better publicity !'or t h e City. He d iscussed the many areas in which this need becomes apparent . He als o sugge s te d t hat a speaker's forum be established between t h e Councilmen , certain Ci t y Off i cial s and perh aps citizens who are in!'ormed of the City 's viewpoint an d can effec t ive l y present t h is position. J The Ma y o r reporte d that t h e Ar apah o e Mayor's Association would meet April 6, 1961. ADJ OURN c CILMAN J3 RAUN MOV ED, COU NCILMAN M'.RT I N SECON DED, THAT TH E MEE TI NG BE AD- Upon the call o f the roll, t h e vote resulted ~s follows: Ayes : Co uncilmen Wo o ds , Mi le s , McLell a n, Martin, Brownewell, Braun, Kreiling. Nays : No ne . Ab sent : None . The Mayor declare d the me eting adj o u r ne d a t 11:45 P .M. B . o . Beausang, City Clerk Clerk of the Council Tbe ainutes of tbe .. etin1 of tbe City Council of tbe City of En1lewood, Colorado, beld on tbe 3rd day of April, 1961 A.D. stand approved as corrected tbis lat day of llay, 1981 A.D. 409