HomeMy WebLinkAbout1961-05-15 (Regular) Meeting MinutesI
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
MAY 15, 1961
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe County, Colorado, met in
regular session on Monday, May 15, 1961, in the Council Chambers, City Hall,
Englewood, at the hour of 8:00 P.M.
Mayor Kreiling presiding called the meeting to order and the invocation was
given by Councilman Martin.
The Mayor asked for roll call. Upon the call of the roll, the following per-
sona were pre·sent:
Councilmen: Martin, McLellan, Miles, Woods, Kreiling.
Also Present: City Mangger Rudd, City Attorney Esch, City Clerk Beausang.
Absent: Councilmen Braun, Brownewell.
The Mayor declared a quorum present.
611-77 CONSIDERAT ION OF BIDS FOR PUMP AT BEAR CREEK FILTER PLANT
The City Manager read the following tabulation of bids received for the
furnishing and installing a 250 horsepower motor, pump and starter at the Bear Creek
P1lter Plant Pumping Station:
Kreiger Construction Company
Utilities Service Company
Robert Dougan Construction Company
Engineer's estimate
9,o86.oo
9T626.55
10,230.00
11,200.00
The City Manager read a recommendation from Dale H. Rea, Consulting Engineer,
and Harold H. Babcock, Utilities Director, reconunending the award be made to the
Kreiger Construction Company, the low bidder.
COUHCIIMAN Mel.Et.I.AN MOVED, COUNCil.lttAN WOODS SECONDED, THAT THE BID OP THE KREIGER
CONSTRUCTION COMPANY BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO
SIGN THE CONTRACT ON BEHALF OP THE CITY IN THE AMOUNT OP $9,o86.oo. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Kreiling.
Nays: None.
Absent: Councilmen Braun, Brownewell.
The Mayor declared the motion carried.
The City Manager stated that Councilman Braun would be present in the Chambers
shortly and that he had requested that consideration or the Paving District Contracts
be dererred until his arrival. Discussion ensued.
COUNCILMAN WOODS MOVED, COUNCIIMAN MARTIN SECONDED, THAT THE CONSIDERATION OF
THE CONSTRUCTION BIDS POR PAVING DISTRICT NO. 11, THE SALE OP BONDS FOR PAVING DIS-
TRICT NO. 11, THE MATTER OP PLANNING AND ZONING HEARINGS, AND THE JUNIOR CHAMBER
BOPOSAL POR CCIOWNITY BUILDING BE TABLED. Upon the call of the roll, the vote re-
sulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Kreiling.
Nays: None.
Absent: Councilmen Braun, Brownewell.
The Mayor declared the motion carried.
611-78 RELATING TO ENGLEWOOD DAM
(Councilman Braun entered and took his seat at the Council at 8:10 P.M.)
The City Manager read a letter from Harold Hoskins and Associates addressed to
the Planning Director as follows:
1630 Que Street
Dave Munns
Planning Conunisaioner --
Englewood, Colorado
Dear Mr. Munns:
"HAROLD HOSKINS & ASSOCIATES
Engineers
Lincoln 8, Nebraska
May 5, 1961
We, as Special Bngineers retained by your City to prepare a
flood control study for Little Dry Creek, have at this stage of the
study come to the conclusion that the existing Englewood Dam is a
vital asset for controlling flooding in your City.
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It is our understanding that the City does not have clear title
to this dam property. Considering that loss of this dam would con-
siderably increase the flood potential and resultant damages in
Englewood, we are at this tiae reconunending that inunediate action
be taken to insure title to this property. This recommendation
will also be made in our formal report.
Very truly yours,
HAROLD HOSKINS & ASSOCIATES
By:~ ...................................................................... __, ...................................................... ~ Carl H. Christophersen
GHC/gJ"
The City Manager discussed the letter and recommended that in light of the
fact the entire drainage area study under way by Harold Hoskins and As~ociates
will be completed in 30 or 40 days that action on the topic of the letter b•ll
withheld until that time. Discussion ensued.
COUMCIIMAN MILES MOVED, C<XJNCILMAN MARTIN SECONDED, THAT THE LETTER FRCJtt HAROLD
HOSKINS AND ASSOCIATES BE RECEIVED AND PLACED ON FILE •. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, BraUJ;l, Kreiling.
Nays: Rone.
Absent: Councilman Brownewell.
The Mayor declared the motion carried.
C~CIIMAN MILES MOVED, COUNCIIMAN McLELLAN SECONDED, THAT THE ITEMS RELATING
TO THE CONSTRUCTION CONTRACT OF PAVING DISTRICT NO. 11, SALE OF BONDS FOR PAVING
DISTRICT NO. 11, NEED FOR PLANNING AND ZONING HEARING CHANGE, AND PROPOSED COllOJNITY
BUILDING BE RAISED FROM THE TABLE. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Braun, Kreiling.
Nays: None.
Absent: Councilman Brownewell.
611-10 CONSIDERATION OF BIDS FOR CONSTRUCTION OF PAVING DISTRICT NO. 11
The City Manager presented a tabulation of the bids received fo~ the construction
or Paving District No. 11 as follows:
Brannan Sand and Gravel
Horn's Crane Service
Northwestern Engineering
Peter Kiewit Sons' Company
Wedtern Paving Company
Engineer's Eatinate (including l~)
$299,235.17
296,324.64
295,127.39
278,107.57
288,252.42
335,278.72
Councilman Braun thanked the Council for tabling this item until he was able ~o
be present. He stated that it was his opinion that the low bid was not always the
best bid, that he had not been satisfied with the construction down by the contractor
in 1960, who was also low bidder in those bids tabulated for Paving District No. 11.
Discussion ensued. The City Manager discussed the general procedure whereby failures
in paving surfaces or other defects were corrected by the contractor in the following
year during the nol'll81 road construction season. Councilman Woods stated that he
would need to consider the natter for a long time before authorizing issuance of a
contract for $10,000.00 more than the low bid. Discussion ensued. The Mayor
swmnarized the discussion that the paving specifications and contract were prepared
in such a manner to assure the City adequate protection and guarantees and that to
accept a bid other than the low bid would offer no assurance of better construction
or service or the road. The City Manager stated that the Engineering Department
had reco1111ended awarding the contract to the low bidder, Peter Kiewit Sons' Company.
COUNCIIMAN WOODS MOVED, COUNCILMAN MILES SECONDED, THAT THE LOW BID OF PETER
KIBWIT SONS_. C<Jl1PANY IN THE AMOUNT OF $278,107.57 BE ACCEPTED AND THE MAYOR AND CITY
CLERIC BE AUTHORIZED TO SIGN THE CONTRACT FOR CONSTRUCTION OF PAVING DISTRICT NO. 11
ON BEHALP OF THE CITY. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Kreiling.
Nays: Councilman Braun.
Absent: Councilman Brownewell.
The Mayor declared. the motion carried.
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Minutes of May 15, 1961
611-10 CONSIDERATION OF BIDS FOR SALE OF BONDS FOR PAVING DISTRICT NO. 11
The City Treasurer presented a tabulation of bids for the sale of an estimated
$300,000.00 Paving District No. 11 special assessment bonds as follows:
Estimated $300,000.00 required. Bids received up to 2:00 P.M.,
Monday, May 15, 1961, opened immediately thereafter and tabulated
as follows:
BIDDER
The J. K. Mullen
Investment Company,
Hornblower & Weeks
GROSS
INT. COST
J. A. Hogle & Company $35,512.50
Stern Brothers & Co.
Parker, Eisen, Waeckerle,
Adams & Purcell 39,720.00
Hanifen, Imhoff &
Samford, Inc., Cruttenden
Podesta & Co. 36,956.25
Boettcher and Company
Bosworth-Sullivan
Peters, Writer,
Christensen, Inc.
Coughlin and Company 33,468.75
NET Nft
PREMIUM INT. COST EFFEC. RATE
none $35,512.50 3.945~
none 39,720.00 4.413
$16.25 36,940.00 4.1044
none 33,468.75 3.7187
The City Treasurer presented a recommendation that the sale of $250,000.00
Paving District No. 11 bonds be ma.de with Boettcher and Company, Bosworth Sullivan
Company, Peters, Writer and Christensen, Inc., Coughlin and Company, low bidder,
a net effective interest rate or 3.7187~.
CCXJNCILMAN BRAUN MOVED, COUNCILMAN WOODS SECONDED, THAT THE SALE OF $250,000.00
PAVIHO DISTRICT NO. 11 SPECIAL ASSESSMENT BONDS BE MADE TO THE LOW BIDDER, BOETTCHER
AND CCllPANY AND ASSOCIATES, SUBJECT TO REVISION OF BOND INTEREST RATES FR<Xtl THE
$300,000.00 BID AMOUNT TO THE $250,000.00 SALE AMOUNT AND THAT THE MAYOR AND CITY
CLERIC BE AUTHORIZED TO EXECUTE AN AGREEMENT TO THIS EFFECT ON BEHALF OF THE CITY.
Mr. Walt Imhoff, Fiscal Agent for the City in this matter, stated that Boettcher
and Company had agreed to the '250,000.00 sale amount and that a proposal had been
adjusted to those figures and was available at this time.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Braun, Kreiling.
Nays: None.
Absent: Councilman Brownewell.
The Mayor declared the motion carried and executed the contract for the sale of
$250,000.00 special assessment bonds with Boettcher and Company and Associates and
the City Treasurer returned the good faith checks to the unsuccessful bidders.
RELATING TO PLANNING AND ZONING HEARINGS AND ALLOWANCE FOR PLANNING
CCJttMISSION ME>1BERS
Councilman Martin, a member of the Planning Commission, stated that considerable
question had arisen as to the need for a public hearing on zoning matters before the
Planning Commission as well as before the City Council. Discussion ensued. The
City Attorney stated that it was his opinion that both hearings were necessary to
comply with State law.
Councilman Martin then discussed the need for an expense allowance for travel
and other expenses incurred to investigate various matters which come before the
Planning Commission. He stated that he had not discussed this previously with the
other members of the Planning Commission but this was strictly on his own. Discussion
S'laued as to the amount or conditions of payment. Councilman Martin stated that he
had in mind $20.00 per month which is the amount members of the Board of Adjustment
and Appeals are receiving. Discussion ensued.
The Mayor stated that member of other various Boards and Commissions perhaps
were entitled to compensation or reimbursement of expenses incurred. He requested
that the City Clerk tabulate the membership of the various Boards and Commissions of
the City, the payments made to the members of those Boards, if any, and the payment
made to the Secretary taking minutes for those Boards, if any.
611-86 REPRESENTATIVES OF JUNIOR CHAMBER OF COMMERCE ON PROPOSED COMMUNITY
BUILDING
Mr. Edward Payne and Mr. Bob Boardman were present as representatives of the
Junior Chamber of Cormnerce to discuss the proposed Junior Chamber Community Center.
He stated that the purpose of the project was to make available a community building
where the citizens of Englewood can hold civic meetings and socials in a desirable
location, also to give the Englewood Junior Chamber of Commerce a permanent head-
quarters. An architect's drawing of the proposed building as well as a tentative
tloor plan was shown and discussed with the Council. The representatives stated that
they were desirous of seeking a centrally located site of land containing a minimum
or 12,000 square feet upon which to build the building. They requested that the
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City review various tracts or land available for this type of coDDnUnity activity
and the Junior Chamber would complete the building at an estimated cost of
$30,000.00, not including donated labor and materials. Discussion ensued.
COUNCILMAN BRAUN MOVED, COUNCILMAN MILES SECONDED, THAT THE REQtIEST FOR IN-
VESTIGATION OF A SUITABLE LAND SITE AS REQUESTED . ·BE RECEIVED AND THAT THE REQUEST
BE REFERRED TO THE PARKS AND RECREATION COMMISSION FOR A STUDY OF VARIOUS SITES
AVAILABLE AND THAT A REPORT BE MADE TO THE CITY COUNCIL AT THE COMMISSION'S
EARLIEST CONVENIENCE. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Braun, Kreiling.
Nays: None.
Absent: Councilman Brownewell.
The Mayor declared the motion carried.
611-79 RBIIGllAUOH OP McOABB PRC»ll WATER AND SEWER BOARD
The City Clerk read the following letter addressed to the Mayor from Mr. c. H.
Mccabe:
Mayor John c. Kreiling
City Hall
City of F.nglewood
Englewood, Colorado
Dear John:
"May 10, 1961
It ie with a great deal of regret that I must resign
from the Englewood Water and Sewer Advisory Board. You
have been a fine group of fellows to work with, and I am
going to mies my association with you • .
I am being transferred to Los Angeles, California,
effective June l, so I would like my resignation made
effective by that date.
Sincerely,yours,
/s/ Tiny
c. H. McCabe
cc: Mr. L. R. Rudd, City Manager
City Hall, City of Englewood
Englewood, Colorado"
COUNCIIMAN BRAUN MOVED, COUNCILMAN McLELLAN SECONDED, THAT THE LETTER OF'
RESIGNATION Bl RECEIVED, ACCEPTED WITH REGRET, AND THAT THE MAYOR WRITE A
LET'l'ER OP COIMENDATION TO MR. McCABE FOR HIS SERVICE TO THIS COMMUNITY FOR THE
PAST YEARS. Upon the call or the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Braun, Kreiling.
Nays: None.
Absent: Councilman Brownewell.
The Mayor declared the motion carried.
611-88 RELATING TO .COMPENSATION FOR ELECTION JUDGES
The City Clerk read a letter addressed to the Mayor and City Council from the
Election Collllll1ssion as follows:
Mayor and City Council
City or Englewood
Englewood, Colorado
Gentlemen:
"CITY OF ENGLEWOOD
Englewood, Colorado
Finance Department
May 11, 1961
Ordinance No. 25, Series of 1959 provides in Section 7 that
the election Judges in the City of Englewood shall each receive t15.oo a day compensation for their services as such judges.
Thie amount is $5.00 less than that provided in recent State
Statutes.
It is, therefore, respectfully requested that the City
Council, at an early date, consider a bill for an ordinance to
amend Section 7 or Ordinance No. 25, Series of 1959, so that
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Minutes of May 15, 1 961
the $20.00 per day compensation may be paid to the election judges.
Your immediate consideration is requested so that the rate of
compensation may be effective for any special elections to be
called in the near future and the regular municipal election to be
held on November 7, 1961.
B. O. Beausang/mv
cc: City Attorney ?
Respectfully submitted,
/s/ B. o. Beausang
City Clerk
Chairman, Election Conun1ss1on
COUllCJUl...JJ WOODS llOVBD, COUJICILIWf MARTD SBCOllDBD, 'l'BA'r '1'BB llA'l"l'BR BB RDBRDD
'1'0 'ID cm AftORD! AllJ) 'lllAT BB BB DIRBCTBD TO DRArr Alf ORDIJWICB TO AllBID ORDDAllCB •o. 25, SBRIBS OP 1959. Upon the call or the roll, the vote resulted as follows:
A7ea: Council•n Woode, Miles, McLellan, Martin, Braua, Xreiling •.
... 1•: Jlone.
Abaent: Councillllln Brownewell.
'!he lla1or declared the 110tion carried.
611-81 RBLA'l'IJIO TO BARTH BORROW BY STATE HIGHWAY DBPAMMBIT
!be Cit7 Jlanaser reported to the Council that he had received a verbal request
tor 2,500 cubic 7arda ot earth to be borrowed along the old count1 road on Cit1-
oned propert1 under leaae to the llart1n COllP&flJ· Be stated that he would rec~nd
the propoaed borrow ot earth aubJect to approval bJ the officials ~t the llaittin
CG11PU7.
comcn•AJI llAllTD,•ovm>, CcmfCILIWf Mct.m.I.AJI SBCOJO>BD, 'l'RA'r 'l'BB DYOR Alfi) Cift
CLm Bl AUl&ORIZBD 'fO SIO• A COlft'RACT VI'l'H THB STATE HIGHWAY DBPAR'ftlln' '1'0 PROVIDB
UMll IMllllOW '1'0 TD STATB HIGHWAY DBPARTllDIT UPOR APPROVAL OP SUCH BORROlf Sf '1'llB
llllft'D CCllPAllT. Upon the call or the roll, the vote resulted aa follows:
A,.a: Couno1l•n Vooda, Milea, McLellan, Martin, Braun, ICreiliq.
*1•1 •one.
Abaent1 Councillllln Brownewell.
!he lla7or declared the motion carried.
!be Cit1 Jlanaser atated that th1• requeat ot earth borrow had given hia an
opportunitJ to brine up the matter ot uncOllJ)leted ristit-ot-wa7 through the Atcheson
Ranob which related to the State B1Sbwa1 relocation aeveral 7ears ago. Re expreeaed
the hope that the risht-ot-wa7 would be aecured in the near tuture.
611-82 PftITIClf POR DITIATBD OftDIJWfCB TO ESTABLISH POLICE OPJPICBRS SALARIBS
'lbe Citl Clerk reported that he had received and placed on tile 1n hi• office
on llaJ 8, 1961, at 4120 P.•. petition• tor an initiated ordiaance to th• Cit1
CounoU of the Cit1 ot ..,.iewood bearins 1,897 signature• ot which 1,500 had been
nr1.t1ed b7 hill, the petition text tollowa:
"PETITIOll
Por an Initiated Ordinance to the CitJ Council ot the Cit1 ot
Bn&J.ewood., Arapahoe County, Colorado
To the Council ot the Cit1 ot Englewood, Arapahoe Count7, Colorado1
Ve, the underaisned qualified electors ot the CitJ ot BnaJ,ewood,
Arapahoe ,Count1, Colorado, purauant to the provieiona ot Article VI
ot the CitJ Charter, and pursuant to the provision• ot applicable
lawa ot the State ot Colorado, do hereb7 petition aaid ~ouncil to
enact the tollowina ordinance to the lawa or the Cit1 ot Bnglewood,
Arapahoe Count7, Colorado, or in the alternative, do bereb1 request
tbe aaid Council to call a Special Election to be held not leaa
than th1rt1 (30) da7• nor 11e>re than eixtJ (60) da7a tl'Oll the date
ot the t111nl ot th1• Petition, and at auch Special .ieotion to
aubld.t the aaid ordinance to the qualified electors ot aaid Cit1 ot
~ewood, which aa1d ordinance i• aa tollowas
·~ and after J&nuarJ 1, 1962 Section 7001 Police, Section
7101 Prosraa Coordination, Section 720: Operation• of the General
Ordinanoe •o. 33, Seri•• ot 1960, entitled 'An Ordinance Reorsan1•1.ns
Ooftl'l'lllent ot the Cit1 ot BnaJ.ewood, Colorado Purauant to tbe llOll9
Ibale Charter ot aa1d CitJJ Adopting an Ada1niatrat1ve Plan Purauant
to the Proviaion• ot aaid Charter; Deecribiq Dutiea, Salariea, and vase• tor ottic•r• and Bllplo7eea and Repealina all Ordinance• or
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111.nutea ot 11&1 15,, 1961
Part• ot Ordinance• 1n Contlict Herewith,, and Declarina an ... rseno1,1
aball be and 1• hereb1 &Mnded as tollowa:
700: cm and atter January 1,, 1962,, all •llbera ot the Police
Departllent ot the Cit7 ot Englewood,, except the Chief ot Police,
aball be placed 1n one ot the tollowing grade• and ahall be paid a
110nthl7 aala17 aa provided tor that grade and tor the lenath ot
Hnio• •• Ht torth 1n Section 710 ot th1• ordinances
ORADB Alll> '1T1'LB MotmlLY SALARY
A B c D B
A
.,,
J,. Dos V..rden • • • • • • • • • • • • • • • • • • 356 37' ~92 410 429 q --9 449 < 469 2. Pa trolan • • • • • • • • • • • • • • • • • • • 375 10 429 ~92
i: Deteoti,,.. • • • • • • • • • • • • • • • • • • 410 29 449 "69 491 513
491 Sers-ant.. • • • • • • • • • • • • • • • • • • 429 449 469 .5 513 ~ 5. lleatenant •••••••••••••••••• 469 491 513 ~~ ~l~ 9'2 6. captain. • • • • • • • • • • • • • • • • • • • • 513 537 561
It i• turther provided that atter three (3) 1ear1 in Grade 'II a lonpvit1
incN&H ot t1ve per cent (5") tor each three (3) 7eara •ball be given,
but no llON than seven (7) longev1t1 increases atter Grade 'II •1 be pven.
7101 P\trther, ettective on Januaey 1, 1962, e111>lo1••• ot the
Police Department •hall automat1call1 be placed in a pa1 scale within
tbe reapeot1ve srad•• aooordina to the tollowina tables
Lllll'1'll OP SDVICB WI'l'll '1'llB DEPARTllDIT
Le•• llore
llore
llore
llore
llore
than 6 llOlltha ....................................... .
than 6 llODtha but not more than 18 110ntha •••••••••••
than 18 llOlltha but not more than 30 110ntb1 ••••••••••
than 30 110ntha but not more than 42 months ••••••••••
than 42 llOlltha but not aore than 54 months ••••••••••
than 54 llOn the • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
PAY S'l'BP
A
B c
D
B .,,
720: The ettective date or this Ordinance •ball be 1 Januaey 1962.
730: All other Rule• and Regulations govem1ng career Service
exoept aa •ntioned above •hall appl7.
1•01 In addition to all allowances,, all pa1 raiaea,, and in
addition to all aalari•• above .. ntioned,, it is herewith provided that
there ahall be iaaued aa a apec1al clothing allowance to all detective•
and non-unitora peraonnel,, the aua ot Ten dollars ($10.00) per month.
~r that there ahall be no reclaaaitication,, either ot name,,
~Pini, title, or otherwiae bJ the Cit1 Council ot the Cit1 ot
.,..iewood, Arapahoe Count1,, Colorado which would 1n &DJ wa1 attempt to
truat.ete, chaftS9,, or alter the ettect ot this initiated ordinance.
All other ordinance• or parts ot ordinances in cont'lict herewith
are hereb7 repealed. It an7 Section,, Subsection, sentence, clause or
pbraH ot thi• ordinance i• tor &nJ reason held to be unconstitutional,
void or invalid,, the val1dit1 ot the re .. ining portions ot thi•
ordlnanoe ah&ll not be affected thereb7,, and shall be given tull
etteot."
--\
SUlllISSION
'l'he votinl 11&ohinea and paper ballots tor aaid election shall
oarr;r the tollow1fts deaisn&tion,, which shall be the aublliaaion
clauae: An initiated ordinance tixina the rate ot pa7 and claaait1-
cation accordiftS to the length ot service within pa1 1ractea, and
providinl allowances tor certain groups ot emplo7ee1 ot the
Snalewood Police Department.
JPOR 'l'D ORDDARCB AOADSf '1'BB CllDIIWICB
Bach ot the •1.sn•re, tor himaelt or heraelt, a1 the case •7 be,,
aa7a1 I aip thia Petition in 1111 own proper person onl7,, and I aa a
qual1t1ed elector ot the Cit1 ot Englewood,, Count1 ot Arapahoe,
in the State ot Colorado; 117 residence addreaa and the date ot 117
alp~ thia Petition are correctl1 1Rritten illlediatel1 atter 111
name."
CODCIUllAll WUif llOVSD, COUJICIIllAN JIARTDf SBCONDBD,, THAT TllB PBTITIOllS BB -ac-a-v-ao-AJll) • 4 ••• 0 'fO '!'RB CI'l'Y ATTORNEY FOR LBOALift OD SUJ'PICIBllCY. Upon
the call ot the roll, the vote resulted as tollowa:
A7e11 Council•n Woode,, 111les, McLellan,, Martin,, Braun,, Kreiling •
.. 7•1 llone.
Abaentz Councilan Brownewell.
' The .. 7or declared the motion carried.
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611-5 PROCDDIJllS OP BOARD OP CAREER SERVICE CcmlISSIODRS SESSION O'I' IUY 3, 1961
The lla1or aaked that the minute• be received and placed on tile.
611-6 PROCDDIJllS OP CITY PLADIJIO AND ZONIJfO BOARD MEE'l'DfO OP MAY 4, 1961
'fbe .. 1or aaked that the llinutea be received and placed on tile.
611-•3 R!l•tlnl to Annexation ot area northwest ot South Pederal Boulevard and
Veat Union Avenue
!be C1t1 Clerk read the tollowing reco ... ndation ot the Cit7 Planning and Zoning
Comlliaa1on:
"Atter recona1deration ot the proposed annexation ot the area Weat ot
South Pederal Boulevard and 1.llllediatel7 South ot Sheridan Cit7 L1111.ta,
the Yote to reoo ... nd annexation ot area tailed to carrJ due to a tie
YOte.•
COIJllCII• .... U JlcJ.BIUJf JIOVBD, COUJICILIWf BRAUlf SECONDID, 'l'BA'l' THI MAT'tBR BE 'l'ABIP.
Upon the call ot the roll, the vote resulted aa tollowa:
A7••: Counc1l•n Woode, Miles, McLellan, Martin, Braun, ltreiling.
•1•: None.
Absent: Councilman Brownewell.
The Ka7or declared the motion carried.
611-18 RBCBPTION OP VARIOOS REPORTS AND PETITIONED FILED WITH CI'l'Y CLERK
The C1t7 Clerk reported that he had received several documents on Ma7 11th re-
latinl to the proposed zoning ot the KLZ transmitter site to the City ot Englewood.
'!he .. docU11ents were listed as tollows:
Crampon Report on Impact or Proposed Cinderella Cit7 upon Englewood business,
tiled b7 Alex Holland, Attorne7 tor Von Frelick Associates;
Three aeta ot petitions protesting the proposed Cinderella Cit7 Comnercial
zoning, tiled by the Northeast Englewood Citizens Committee; and,
~ .. t ot petitions protesting the proposed Cinderella City Comnercial
Zoning, tiled by the Colllllittee to preserve zoning integrity.
CCXJJICIUWI 11c•••,t• MOOD, COOMCIIMAN WOODS SECONDED, THAT THE CRAMPOR REPORT
AJID PB'l'ITIONS RKLATim TO THE PROPOSED ZONING OP THE KLZ TIWfSMI'HER SITE BE RECBIVBD
AIU> RB1l'BRRBD TO THI CITY ATTORNEY POR REVIEW. Upon the call or the roll, the vote
resulted aa tollowa:
Ayes: Council•n Woods, Miles, McLellan, Martin, Braun, 1Cre1ling.
Naya: None.
Absent: Council.an Brownewell. .
The Jla7or declared the motion carried.
611-66 TBll'l'ATIVB AORBDID'l' POR JOINT CONTRACT PARK OPERATION AT SW'l'H PBlllfSYLVAJIIA
AND EAST BATES
'Bl• Cit7 llanaa•r reported that he had received tentative torm ot an agreement
between the Cit7, School District, and South Suburban Metropolitan Park and
Recreation D1atrict tor the operation or a park near South Pennsylvania Street
and Baat Bl.tea Avenue.
CCIJllCILIWI Mct.IP'.I.Alf MOVBD, COOMCILMAN BRAUN SECONDED, THAT THE TENTATIVE AORBE-
1111r.-rr-BS DCUVBD AIU> RBPBRRBD TO THE CITY ATTORNEY POR RBCClllBNDATION AS TO ITS
.mm AIU> COif.ti1NT8. Upon the call ot the roll, the vote resulted as tollows:
Ayea: Council•n Wooda, Miles, McLellan, Martin, Braun, ltreiling.
Na7a: None.
Abaent: Counc11 .. n Brownewell.
'l'he lll.7or declared the motion carried.
611-15 PROCDDIMOS OP WATER AND SEWBR BOARD JID'l'DfO O'I' MAY 8, 1961
'!'he Mayor aaked that the minute• be received and placed on tile.
611-51 R!lat1nc to contract with tb• Soytb oatt lan1tat1on District
The Cit7 Clerk read the following recomll9ndation ot the Englewood Water and
Sewer Board 1n tull:
"The connectora asree .. nt between the Citr ot lbllewood and the Southgate
Sanitation D1atr1ct b• accepted and exeoutedt\apon reoeipt b7 the City
Council, aubJect to the approval Utilit1ea D1Notor, Kr. Babcock and
lepl consultant, Mr. Shi vera. "
439
JUnutea ot 11&7 15, 1961
'1'be C1t;r Jlanaaer reported that the Council bad authorized negotiation to be con-
ducted alons certain line• and that although the agree•nt waa not completed the
Sanitation D1atr1ct waa •••king advance approval. He reco-nded that such approval
not be 1iven until the contract ia completed and available tor Council study. 'l'he
J1a1or concurred 1n thia recom1endation ot the Manager.
(Councillll.n Brownewell entered and took his seat on the Council at 9:50 P.M.)
RBCBSS
Th• J1a1or called a receaa or the Council until 10:00 P.•.
CALL TO ORDER
'l'h• 11&7or called the ••ting to order at 10:05 P.M. with the following Council-
n PNMnt:
Council•n Braun, Brownewell, Martin, McLellan, Miles, Woode, Kreiling.
The lla;ror declared a quorua preaent.
611-43
'l'h• J1a1or re•rked that aa this waa the ea• Mtter as that tabled under the
Planning COllllliaaion reco ... ndationa that perhaps they should be considered together.
CmEIIIUJf JlcI.BIJ.Q MOVBD, COUNCILIUM BRAUN SECONDED, THAT THE RBCOllRINDATIOtf
OP 'ID cm PLAJOfIJIJ ARD ZOlfDIJ C<IMISSION RELATINO TO THE ANDXATION o• TllB ABBA
O• TRI SOO'l'll PBDBRAL Bcm.EVAJIB AHD WEST UNION AVENUE BB RAISED P'Rml THE T•ma. UpGn the call ot the roll, the vote resulted as follows:
A19a: Council•n Woode, Miles, McLellan, Martin, Brownewell, Braun, ICreiling.
lla;ra: None.
Abaent: llone.
The lla;ror declared the motion carried.
'l'h• Cit1 Clerk read the following reco111Dendation ot the Bnglewood Water and
Sewer Board 1n tull:
"Date: May 8, 1961
SubJect: Annexation ot Portion ot Centennial Acrea to The City ot
Englewood
Rec~ndation: ~t the area between South ll'ederal Boulevard and South
Lowell Boulevard and between the aouth CitJ Liaita ot
Sheridan and West Union Avenue, tor which petiticklntor
annexation h&a been received b;r City Council, be
tavorably considered tor said annexation tor the
following reasons:
1. The area is presently being served by the City ot
Englewood water system under Distributor'• Contract
with the Valley Water District, with all water
•1n• in place.
2. The area is presently being served b;r the Cit;, ot
Englewood sewage treatment plant under Connector'•
Agree•nt with the Valley Sanitation Diatn-ict,
with all trunk lines and laterals 1n place.
3. 'ftle loss ot this area to another cit7 would mean
loaa ot revenue tor the Water Depart .. nt and
poaaibly tor the Sewage Treatment Plant.
4. 'ftle City has an investment in three water wells
and a pumping station, located in the Centennial
Acres area, which provides well water to be
pumped directly into the system ot the Valley
Water District during the summer peak pumping
periods at a considerable saving to the City.
5. Should this area, long with the balance or the
area comprising the Valley Water District, be
annexed to Englewood, the eity could acquire
the entire distribution system, according to
contract, at no coat.
Respectfully submitted,
ElfOLBWOOD WATER AND SBWBR BOARD
By: Robe~t ll'n JPrantz
Ch&irmn
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111nutea ot 11&1 15, 1961
D1acuaaion enaued with resard to the reco ... ndation1 ot th• Planning and Zoning
COlmiaaion and th• water and Sewer Board relative to the annexation ot the 60 acre
tract under conaideration. Councilman Woode inquired aa to adequac1 ot the water
auppl7 aa cQ11p&red with the Driou• c09ait•n••o8t the Cit7. Diacua1ion ensued.
Counoillll&n Braun indicated that he waa not favorable to the annexation or the area
under con1ideration without th• balance or the Centennial Acre1 1ubdiviaion. Re
atated there waa no aaaurance that the balance or the Centennial Acres area would
com 1n to the Cit7. Diacuaa1on enaued.
COUlfCIUIAN JIAR'l'Df MOVED, COUJfCILMAN BROWNBWELL SECONDED, THAT THE CITY COUNCIL
APPROVE '1'D PROPOSED ANDXATIClf, THAT THE CITY ATTORNEY PREPARE A BILL JPOR AN
ORDIJWICB AJIDIDIJ '1'llB TERRITORY TO ENGLEWOOD.
COUllCIUWf BRAUM MOVBD TO TABLE.
The 11&7or recognized Mr. ll&ITJ C&rleno who wished to speak tor the annexation.
llr. C&rleno stated that tour residents ot the area were present at this ••ting and
that ot the 143 a1tee, only 11 had not been contacted and 102 had signed favorably
tor the annexation. Re d11cua1ed the operation ot the Valley Water District 1n
connection with the diatrict•a financing and furnishing the ... in• 1n the area which
will be turned over to the CitJ. Re stated be did not believe this had been con-
aidered and the economic atudiea or the area. Diacuaaion ensued.
Councillll&n Martin aaked the progress in securing annexation tor the balance or
the area. Ill'. C&rleno stated that petitions and a plat or the area had been prepaNd
and the circulation or petition• would be under wa1 ahortly.
llr. Bob Downing, Executive Manager ot the Englewood Chamber ot COlllerce, spoke
tor the annexation calling attention to the additional revenue a9&ilable tt the
lletropolitan Sal•• Tax D1atrict is established.
'l'he Jla7or declared the 110tion to table defeated tor the want or a second.
Upon the call tor the question, the vote to roll call was as follows:
A7e1: Counc11 .. n McLellan, Martin, Brownewell, JCreiling.
lla7a: Council .. n Woode, Miles, Braun.
Abaent: None.
The llayor declared the motion carried.
611-83 Relatlnl to adequate apace tor Utilities Department Otticea
J
The City Clerk read the following recommendation ot the Englewood Water and Sewer
Board:
"'!bat adequate apace b&' provided for the operations or the Utilities
Department ott1cea."
COOllCIUWI BRAUN llOVBD, COUNCILMAN BROWNEWELL SECONDED, THAT THI RBCOlllBNDA'l'IOll
BB RBCBIVSD AllD RBJPBRRBD TO THE CITY MANAGER FOR STUDY AT HIS EARLIEST CONVBllIBNCB
POLLOWIJm BIS VACATIClf.
Counc11Mn Brownewell discussed the need tor a atud1 ot all office apace needa
throuShout the departments ot the City. Councilm.n Braun agreed and stated that all
tacilitiea need review and that certain areas could possibly be combined temporarily
to provide apace tor cramped otticea.
'l'he c1t1 Manager aaked that a tentative appropriation be authorized tor a study
ot the require .. nta bJ architectural students or equtv&lent. Re auggeated that the
preaent C1t1 Ball building be converted entirely tor Library purpoaea and a new
C1t1 Ball be erected. Discussion ensued. Councilman McLellan diacuaaed the need
tor an office and procedures ayatem man to review ottice apace needs tor efficient
operation rather than a apace tor employee basis.
Upon the call tor question, the vote to roll call follows:
A7ea: Council•n Woode, Miles, McLellan, Martin, Brownewell, Braun, Kreiling.
11&1•: None.
Abaent: None.
'l'he ll&yor declared the motion carried.
611-69 RECONSIDERATION OP CHAMBER REQUEST FOR CLOSING TWO BLOCKS SOOTH
BROADWAY
Mr. Bob Downing, Executive Manager Englewood Chamber ot Comnerce, Meaara. Ken
Bull, Leo LJnch, Bob Montgomery, and Ed Becker, all were present to diacuaa thi•
•tter. llr. Downine stated that a petition had been circulated with regard to the
cloa'*& ot the 3300 and 3400 blocks South Broadway among the merchants attected
and that 8°" were favorable and 2~ unfavorable. He stated that the request tor
the uae or the street waa &Mnded to provide th& t Girard Avenue be open and
acceaa be provided to the Poat Office. Re stated that the original request had .
overlooked the need to secure approval tor the uae ot the public sidewalk• tor
merchandise display during Old Fashioned Bargain Daya promotion. Discussion enaued.
441
Minute• ot Ma7 15. 1961
COUllCIUIAlf BRAUM MOVED. COUNCILMAN MII·M SECONDED, TO RBCOJfSIDBR 'l'BB RBQUBST
BY 'l'llB BlllLBVOOD CHAJmBR OP Cc.tllBRCB POR THE BLOCJCilfO on OF THE 3300 ARD 3400
BLOCD SCU'l'll BROADWAY PRCIC JDY 14TR THROUGH 16, 1961. Upon the call ot the roll,
the vote reaul ted aa tollowa:
A7e•: Council•n Woode, Milea, McLellan. Martin. Brownewell. Braun. Kreiling.
Jla7a: None.
Abaent: None •
'ftle Ma7or declared the motion carried •.
Councilman Martin inquired it the closing ot Weat Girard between Broadwa7 and
AcOll& had been aucceaatul. Mr. Downing stated that it hadd't been because the apace
waa 1.n&dequate tor a larger carnival company to operate in in addition to the tactl
that the promotion II&• expanded to the point that 2 blocks is necess&1'7. Diacuaaion
enaued.
COOJICII•AJI llILBS llOYBD• COORCILMAN McLELLAN SECOMDBD, THAT '1'llB REVISED RBQUBST
BB PllRlliffBD VBICB VCULD OPD GIRARD AVENUE TO TRAJPPIC TO PROVIDE ACCESS TO TBB
POST OPPICB WBILI THI 3300 AND 3400 BLOCJCS OP SOOTH BROADWAY VBRB BLOCJC8 TO AUTO-
llO'l'IVB TRAnIC AND SIDBVALXS USBD FOR CQllMERCIAL DISPLAY PURPOSES. Upon the cal!
ot the roll. the vote reaulted aa follows:
A7ea: Council•n Woods, lliles, McLellan. Martin, BiJownewell, Braun, Kreiling.
Na7a: None.
AbHnt: None.
The Jla7or declared t he 110tion carried.
'l'he Cit7 Manager re•rked that as the ordinances are now in the process or
cod1t1cat1on that aOll9 prov1a1on tor a permit or license tor such temporary closings
ot a atreet ahould be eatabliahed.
Council.an Brownewell requested that a report ot the resulting inconveniences
arr4/or COllPla1nt• be tabulated so that the ettect ot this street closing could be
evaluated.
COOllCIUUN BRAUM llOVBD. CClJMCILMAN MILBS SBCONDBD. THAT AlfY CODLICT OP 'l'BB
CL08IID OP A STREIT TBllPORARILY BB REPERRED TO THB CITY A'l"l'ORNBY FOR IHCLUSICBI nrro '!llB PROPOSBD CODIJPICATIOll. Upon the call or the roll. the vote resulted as
tollowa:
qea: Council•n Woods, Miles. McLellan, Martin, Brownewell, Braun, Kreil1ng.
•1•: None.
Absent: None.
'!he 11&7or declared the motion carried.
611-17 PROCDDIMOS OP PUBLIC LIBRARY BOARD MEETING OP MAY 9, 1961
'!he 11&7or asked that the minutes be received and placed on tile.
'l'he Jla7or rellinded the Council ot its meeting with Mllbera ot the Library
Board arr4 representatives ot the County Library Plan on Mdaday, May 22nd. at
9:00 P.11.
ei1-19 CI'!'! TREASURER'S REPORT POR APRIL, 1961
The Cit7 Treaaurer reviewed the various balances 1n the tunde and stated that
$10,000.00 bad been tranaterred to the Sewer Revenue Bond 1Pund troa the Sewer
Diapoaal Plant Pund aa a pa799nt toward the reserve require•nt ot the bond tund
which transter would be authorized by additional appropriation at a later date
thi• 7ear. D1acuaa1on enaued.
COUllCILllAM BROWDWKLL MOVBD, COUNCILMAN McLET·I·AN SECONDED, THAT THE TRJWIORIR'S
RBPClft' 1'0R APRIL BB ACCBP'l'BD AND PLACED OH PILI. Upon the call ot 1;he ro1:i. the
vote resulted aa tollowa:
A7e•: Council•n Woods, Miles. McLellan. Martin. Brownewell, Braun, Kreiling.
Na7a: None.
Abaent: None.
'ftle Ma7or declared the motion carried.
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111nutea ot May 15, 1961
611-84 MRS. McCABE'S RESIGNATION PROM PUBLIC LIBRARY BOARD
'1'he City Clerk read the following letter in full:
The Honorable John Xreiling
Mayor ot Englewood
Bnglewood City Hall
Bnglewood, Colorado
Dear Mayor Xre111ng:
"May 12, 1961
As you know, we are moving to Los Angeles aa soon
aa possible following the close or school. Therefore,
it ia necessary for me to resign from the Englewood
Library Board. I would like tor you to consider this
rel&anation ettective immediately.
Thank you tor the privilege I have had or serving
on the Englewood Library Board.
Sincerely yours,
/s/ Rosie Mccabe
Mrs. Clarence Mccabe
cc: L. R. Rudd, City Manager"
COURCIUIAR WOODS MOVED, COUNCILMAN McLELLAN SECONDED, THAT THI RESIGNATION BB
RBCBIYBD ARD ACCBPlm> WITH RBORBT AND A LETTER OP CCI 9 ATION FOR MRS. McCABE'S
SBRVICB TO Tiii CIT! BB VRITTD BY THE MAYOR. Upon the call ot the roll, the vote
reaul ted •• toll ow•:
Ayea: Council•n Woods, Miles, McLellan, Martin, Brownewell, Braun, Krell1ng.
Maya: None.
AbHnt: None.
'1'he .. yor declared the motion carried.
611-85 NOTIFICATION OP NON-AVAILABILITY FOR REAPPOIN'DIENT TO CARBBR BOARD BY
MR. WILLIAM BURY
The City Clerk read .the following letter in tull:
"llr. H. R. Braun
3173 So. Ogden
Dear Reea:
Aa my term on the Englewood Career Service Board expires
June 30, I wiah to advise that I will not be available tor
reappo1nt .. nt.
I trust thia will not be construed as an indication or
any diaaatiataction with the work or the Board. On the
contrary, 111 service on the Board has served to convince
me beyond doubt that it ia essential to a city ot this size.
Thank you tor paat consideration.
Yours,
Wm. Bury
cc: John Xreiling"
Councilan Braun reported that the letter was addressed to him aa he had con-
tacted llr. Bury with regard to Bury's appointment to the career Service Ccmniasion.
COORCILIWf BRAUlf MOVED, COUMCIUUN McLELLAN SECONDED, 'l'HAT 'l'BE LET"l15R BB
RBCBIVBD AMI> '1'llB nm>RMATION OP UNAVAILABILITY ACCEPTED WITH RBODT AND THAT A Ln•rBR
BB VRIT'l'Blf BY '1'111 MAYOR C<JlllBNDIMO MR. BURY POR HIS SERVICE. Upon the call ot the
roll, th• vote resulted aa follows:
A7ea: Council•n Woods, Miles, McLellan, Martin, Brownewell, Braun, 1Cre111ng.
Raya: None.
Abaent: None
The 11&1or declared the motion carried.
Introduced aa a bill by Council•n Braun
611-42 A BILL
P<lt All ORDIJIAJICB APPROVING THE AMMEXATION OP THE PROPERT! HBRIDAP'l'BR DBSCRIBBD 'l'O
'ID Clft OP BIOLBVOOD, COLORADO, AND ANNEXING SAID DESCRIBED PROPERTY' TO THE CI'l'! OP
BIOLBVOOD, COLC:ltADO, TO-WIT:
443
111m1tes or May 15, 1961
ALL TBA'!' PCllTIOtf OJI SBC'l'ION 8, TOWNSHIP 5 SOUTH, RANGE 68 WBST O• TBB6'l'B PRIRCIPAL
DRD>IAll 'l'llA'l' IS CONTAINED IN THE POLLOWINO DESCRIBED BcmmARIBS1 BBODOIIllJ AT
BB lfClt1'Bd8'1' CORDR OP '1'llE NORTHEAST QUARTER OP THE SCXJTHWBST QUARTER 01' 'l'BI SOU'l'R-
UST QUARi'BR (Dt Slfi SBt) OP SAID SECTION 8; THENCE NOR'l'H 890 43 1 59" BAST ALOlfO
'ID SOU'l'll LID OP TBB NOR'ftlWBST QUARTER OP THE SOOTllBAST QUARTBR (RWt SBi) OJI SAID
UCTIO. 8, 711.24 Jf&iT TO A POIM'l' ON 'l'llE EAST LIME OP SOOTH DECATUR S'?RDt, WRICH
POD'!' !9 '1'111 'tRDB POil'l' OP BBO INMil«l J THENCE PRCM SAID TRUE POil'l' OJI BBG DOfI1IJ,
1'Clt1'll 7 31' 10" BAST 1337.3 PDT, MORE OR LESS, TO A POINT ON 'l'llB NOR'l'll LID OP
'1'llB SOU'l'llBAS'l' QUARTER (SBt) OP SAID SECTION 8• TllllNCB NOR'l'H 890 46 1 40" BAST ALOlfO
SAID ICltl'll LI~-"o• TBB SOO"l'HBAST QUARTER (SBi) OP SAID SECTION 8, 1026.o ll'DTJ
ft'ICB SCXJ'lB uu-8 1 ~" BAST, 627.0 PBBTJ THENCE SOUTH 89° 46 1 40" WEST, 217.3
#DfJ iWB SOUTH 00 04 1 15" VEST 697.3 PDT, MORE OR LBBS~ TO 'l'llB SOU'l'll LIRB OP
BS llCltiillAS'l' QUARTER OP TRI SOOTllBAST QUARTER (Di SEi) 01' SAID SBCTIOR 8; TBDCE
8WIB 890 43' 50" WBST AL<lfO '1'HB SAID SOOTH LINE OP TRI NORTllBAST QUARTER OP 'l'llB
SOUftlAIT QUAMD (Dt SBi) OP SAID SECTION 8, 984.] PDT, MORE OR LES, TO THE
1HtiJB POD'!' OP BmU-.-nta, ARAPAH<m CCJ1Jf'l'Y, COLORADO.
BB IT ORDAINBD BY THE CITY COUNCIL OP THE CITY OP ENGLEWOOD, COLORADO:
S!ct1~ 1. That written petition was properly tiled in accordance with
statute wl the City Council or the City or Englewood, Colorado, proposing the
annexation to aaid City ot Englewood ot the hereinatter described land, situate in
the County ot Arapahoe, State ot Colorado, to-wit:
All that portion ot Section 8, Township 5 South, Range 68
Vest ot the 6th Principal Meridian that ia contained in the
tollowing described boundaries:
Beginning at the Northwest corner or the Northeast Qu$.rter
ot the Southwest Quarter of the Southeast ~rter(tlfBi SVt SBtf
ot aa1d Section 8; thence North 89° 43' 50 Bast alone the
Sou~h l~ ot the Northwest Quarter ot the Southeast Quarter
(NWt SBt) ot aa1d Section 8, 74.24 feet to a point on the
Bast line ot South Decatur Street, which point is the true
point ot beginn~; thence trom said true point ot beginning,
North 70 31' 10" Bast 1337.3 teet, more or leas to a point
on the North line ot the Southeast Quarter (SEt~ or said
lection 8; thence North 890 46• 4Q" Bast along said North
line ot th• Southeast Quarter (SBt) ot aaid Section 8,
1026.o teet; thence South OOo 8• 00" Bast, 627.0 teet; thence
South 890 46• 40" Vest, 217.3 teet; thence South OOo 04• 15"
Vest 697.3 teet, more or leas, to the South line or the
Northeast Quarter ot the Southeast Quarter (NBt SBt) or said
Section 8; thence South 890 43' 50" West along the said So\lth
line ot the Northeast Quarter or the Southeast Quarter (llBt SBi)
ot .. id Section 8, g84.3 teet, more or leas, to the true point
ot beginning.
Secf~I 2. 'l'bat aaid petition waa signed by the owners ot llOre than t1tt1
percent) or the area ot auch territory, who also comprised a •Jorit7 ot the
l andowners residing 1n the aaid territory at the time the petition waa tiled.
!lotion 3. '!'hat aaid petition waa in all respects in contoraity with the
prov1~onsCd' Article 11, Chapter 139, Colorado Rev1aed Statutes, 1953, aa
AllendedJ that aaid petition was tavorably considered by the Clt1 Council or
the aaid C1t1 or Englewood, constituting the legislative body or the a.anicipality
to which aaid territor, ia propoaed to be annexed; that notice ot the .ubstanoe
ot th• petition, the date ot aigning, the number ot persona aigrling, a deacr1pt1on
ot the territory included 1n the proposed annexation, and a atateMnt that land-
owners ot the area •1 express their opposition to the annexation and secure an
election by COllP1J1ng with the proviaiona ot Section 139-11-4, Colorado Reviaed
Statutes, 1953, waa publiahed purauant to statute.
Section 4. That said hereinabove described parcel or parcels or propert1 be,
and tlii1 hereby are, declared annexed to the City or Englewood, Colorado, and are
hereb7 1111.de a part ot the aaid City, pursuant to the provisions ot Article 11,
Chapter 139, Colorado Revised Statutes, 1953, aa Amended.
Pasaed on Pirat Reading by the Cit1 Council ot the City or :Inglewood, Colorado,
this 15th da7 ot Jlay, A.D. 1961, and ordered published in tull in the Bnglewood
Herald and Bnterpriae.
A 'l"l'BST: ~~ e.<'L_L~
~ ... ,,, . (7
I, B. o. Beauaang, City Clerk-Treasurer, City ot Englewood, Arapahoe Count7,
Colorado, do hereby certity that the above i• a true and correct copy or a bill tor
an ordinance introduced, read, paaaed and ordered published in the Englewood
S.rald and Bnte1'iae at a regular • eting or the City Council held on the tJC?<'
da7 ot ~ , A.D. 1961. '
ATTEST:
SEAL
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Minute• ot May 15, 1961
waa read tor the tiret time.
COOllCIUIAN BRAUlf MOVBD, COONCIIMAN MILES SECONDED, THAT THE PROPOSED BILL POR
Alf ORDIJWICB BB PASSBD ON PIRST RBADINO AND PUBLISHED IN PULL IN THB ENGLEWOOD
llBRALD AllI> Di•BRPRISB.
Mr. Blantord Duckett, 2727 West Union Avenue, and Mr. Wayne w. Parr, 2800
Weat Chenango Avenue, discussed the proposed annexation and related ·zoning. They
expre11ed the opinion th•J did not want to have higher taxes and land d•preciation
by 1ndu1tr1al zoning. Di1cu11iola eneued with regard to zoning procedures and ueea.
Upon the call tor the question, the vote by roll call resulted as tollowa:
Ayea: Council•n Wooda, Miles, McLellan, Martin, Brownewell, Braun, Kreiling.
•1•: None.
Absent: Mone.
The Jla7or declared the motion carried.
ATTORNEY'S CHOICE
611-64 Relating to zoning request by Kent School
The City Attomey read hi• letter to the Mayor relating to z•ning request ot
the Kent School, Inc. as tollowa:
"JOSEPH W. ESCH
Attorney and Counselor at Law
303 Pirst National Banlc Building
Englewood, Colorado
sunset 1-7212
May 15, 1961
The Honorable John c. Kreiling, Mayor
and th• City Council
City ot Englewood, Colorado
Oentle•n:
Mr. Myrick and myselt, as members of the City Attorney's Ottice ot the
CitJ ot Englewood, have examined the Petition tor Annexation ot Unin-
corporated Territory ot the County ot Arapahoe, State ot Colorado, ot
Kent School, Inc., a Colorado corporation, received at 9:07 P.M. on
Mal 1, 1961, and reterred to our office by the City Council on May 1,
19()1, at ita regular meeting to check as to legal sutticiency.
PrOll th1• examination, it is our opinion that the petition, together
with accomp&nJing documents and maps, is in contormitJ with the
Charter and ord.1nance1 or the City or Englewood, Colorado and the
atatutea ot the State or Colorado, and ia legally autr1cient.
We turther certify that the sole owner ot said property is Kent
School, Inc., a Colorado corporation.
An investigation haa turther been made aa to zoning which might be
applicable to Kent School, with particular reference to zoning t*ldler
than the C-1 which ia requested in its petition. Ordinance Ro. 45,
Serie• ot 1955, ae amended, or the ordinances or the City or &iglewood,
pel'llita "educational inatitutiona" aa conditional ueea 1n R-1-B, R-1-C,
R-1-D, R-2-A and R-2-B Residence Districts, and 1n R-3-A and R-3-B
llul~i-Paaily Reaident1al Districts aa principal pel'llitted uses.
"Private achoola" are permitted in C-1 and C-2 Buaineaa Districts as
principal permitted uses.
The words "private school" ~ve been variously defined, as tollowa:
"A •private school" is one supported and managed by
individuals. Plagg v. Murdock, 15 R.Y.S. 2d 635,
• 637, 172 Misc. 1048." 33 W. & P. Supp. 179
"" -. , "Where a school was organized and managed by individuals
and not by the public aa an institution or the state, the
school was a •private school.' Livingston v. Davis,
Iowa, 50 N.W. 2nd 596, 27 A.L.R. 2d 1237." 33 W. & P.
Supp. 179
"A •private school,' as distinguished from a •public
school,' ia one managed and supported bi individuals
or a private organization." 78 C.J.S. 607
The detinitiona ot "educational institutions" which we have been able
to locate are as follows:
445
Minute• or May 15. 1961
"The provision. in zoning ordinance or City or Webster
Orovea. pel'll1tt1ng uae or lands orbbulldinga located
in a 'B' 2-t&Jllily district or city tor college• and
'educational institutions.• contemplates school• in
usual sense. that ia institutions or learning which
exist independently as such and have a definite
curriculum or course or study, and are designed to
serve as the medium tor imparting to atudenta who attend
the• a knowledge or those things broadly covered within
ield or education. State ex rel. Kaegel v. Holekamp.
Mo. App •• 151 S.W. 2d 685, 690." 14 W. & P. 133. 134
"'Bducational institution' i• one which teaches and
illprovea ita pupils; a school. seminary. college. or
educational establishment ••••• Loia Orunbow Memorial
Clinic v. Oglesby. 22 P. 2d 1076, 42 Ariz. 98." 14WW.
• P. 133, 134
"Bducational institution. One which teaches and im-
proves ita pupils; a school, seminary, college, or
educational establishment, not necessarily a chartered
inatitution, nor a public or charitable institution,
although, 1n a particular context, it haa been held to
be a charitable organization •••••• " 28 c.J.S. 834
It i• the opinion or Mr. Myrick and myself that a private school
such aa Kent School would generally tall within the above
definition or an educational institution. It i• possible, how-
ever. that the intent ot the ordinance, in us~ the words
"educational inatitutions" and "private achoola in ditterent
section• ot the ordinance, indicated an intent to distinguish
educational institution• in general from private school• 1n
particular. It the broader interpretation ot including private
achoola aa educational inatitutions is tollow•d, such a school
would be eligible aa a conditional use in zoning claaaitications
aa hish aa R-1-B, while it the narrower interpretation or an
intended distinction 1n the use of the words is intended, the
highest category 1n which private achoola are permitted under
the ordinance ia a C-1 claaaitication.
JWB/e•
Respectfully submitted,
/a/ Joseph w. Each
Joseph w. Each
City Attorney
City of F.nglewood, Colorado
cc: City Planning and Zoning Conmdaaion"
The City Attorney then reported that Mr. Ken Rubbard,oot Holland and
Bart, Attonwya tor K9nt School, Inc., had also prepared a legal •morandua on
th1a -•tter. He stated that the memorandum prepared by Mr. Hubbard used
d11'terent .. thod tor arriving at the need tor C-1 co ... rcial Zoning tor the
operation ot a private achool under the City or Englewood Zoning Ordinance. Copy
ot the .. .,randull •• tiled with the City Clerk. The City Attomey then stated
that he had reviewed th• aignatuea on the annexation plat aubaitted by the !Cent
School, Inc. and had round it to be legal, proper and adequate and, therefore,
recom1ended the paaaage or the following resolution by the City Council:
"REE S 0 L U T I 0 If -----------
BB IT RBSOLVBD by the City Council ot the City ot Englewood,
Colorado, thia 15th day ot May, 1961, that the Petition tor
Annexation ot Unincorporated Territory in the County ot
Arapahoe, State ot Colorado, to the City ot Englewood, Colorado,
received at 9:07 P.M. on May 1, 1961, tor the following described
property. be and hereby ia accepted, to-wit:
The Southeast Quarter ot the Southeast Quarter (SBi SEt)
ot Section 35, Township 4 South, Range 68 Weat ot the
6th Principal Meridian, except the North 430 teet thereof.
BB IT MJR'l'HBR RESOLVED that notice or petition tor and pro-
poaed annexation or contiguous unincorporated territory to the
City ot Englewood, Colorado, be published pursuant to the
ordinance• and Charter or said City and the statutes of the
State ot Colorado and the provisions or said Petition.
Said lfot1ce shall further set torth that the petition is
conditioned upon and expreaaly aubJect to contemporaneous
son1ng ot the parcel or land hereinabove described (which zoning
is to be pro*ided, included in and made a part or any ordinance
annexing the lands herein sought to be annexed) under the uae
claaaitication "C-1 --Buaineaa District" under Subsection 89
ot Section 10 ot Article IV or Ordinance No. 45, Series or 1955,
aa ... nded, ot the ordinances ot the City of Englewood, listing
"Private Schools" aa the uae or buildings, structures and land
therein claaaitied.
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Minutes ot May 15, 1961
BB IT PO'RTHER RESOLVED that in the event proviaiona tor the zoning
aa hereinabove requested are not so provided, included in and made a
part ot any ordinance introduced before the City Council ot the City
ot Englewood, Colorado, tor the purpose ot annexing the above described
property, the Petition shall be deemed automatically withdrawn troa
further consideration or action ot the City Council ot the City ot
Englewood, and shall be and become ot no turther torce and ettect."
COOllCIUWf llII·BS MOVED, COUHCIUUH BROWRBWELL SECONDED, THAT THE RBSOLUTI•
BB ADOPTBD ARD APPROVED. Upon the call or the roll, the vote resulted aa tollowa:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling.
Raya: None.
Absent: None.
The Jlayor declared the motion carried.
611-62 RBLATIMO TO SOOTH BIGLBWOOD SANITATION DISTRICT MD'l'INO
The City Attorney reported that he had been in contact with Mr. waiter s. Irwin
with regard to aetting a date tor a meeting between th• Cit7 Council and the San1-
tat1on District. Diacuaaion enaued aa to a suitable time tor auch ••ting. The
11&7or requeated that June 12, 1961, at 8:00 P.M. be ••t tor auoh a meeting at which
time the Cit7 Council and the Water and Sewer Board would both ... t with th• South
Bngl.ewood Sanitation District representatives. He requeated that the C1t7 Attorney
notify llr. Irwin or this date.
611-18 RELATil«J TO 90 DAY DEADLINE JP0R AJUIDA'IIOll
The City Attorney read a letter directed to the Mayor and C1t1 Council with
rep.rd to the 90 day provision 1n State Statutes tor annexation and advertising dates
aa tollowa:
"JOSEPH w. ESCH
Attorney and Counselor at Law
303 Pirat National Bank Building
Englewood, Colorado
sunset 1-7212
May 15, 1961
The Honorable John c. Xreiling, Mayor
and the City Council
City ot Englewood, Colorado
Oentle•n:
Mr. Myrick advisee me that the Mayor baa requested a •morandum
in rep.rd to the 90-day provision in the state statute tor
annexation and advertising dates under bothethe zoning and
annexation procedures ot the Planning Comlliaaion and Council,
asking apecitically that it the Council took the tirat action
on an ordinance within the 90 days, was that autticient to
meet the 90-day provision ot the state statute.
The state statutes provide, as to hearings by the Planning
COlllission, aa tollowa:
" ••••• Betore the adoption or the plan or any such
part, amendMnt, extension or addition, the comniaaion
shall hold at least one public hearing thereon, notice
ot the time and place ot which shall be given by one
publication 1n a newspaper ot general circulation 1n
the aanicipality and in the orticial newspaper ot the
county attected ••••• " 139-59-8, CRS 1953
Ordinance No. 45, Serie• ot 1955, aa amended, ot the ordinance•
ot the City ot ~ewood, known aa the "Zoning Ordinance ot the
City ot Englewood," provides, aa to public hearing, that it ia
"Hearing held atter Public Notice," and that "Jublic Notice" ia
aa tollowa:
"Notice by one publication in the otticial newapaper ot
the City at least titteen (15) days before an1 hearing,
or betore consideration ot any other matters about
which notice ia required. In addition, all rezoning
hearings, and such caaea that directly attect abutting
or adjoining property and any other hearings required
by this ordinance shall be turther advertised by
eoating ot the property subject to change, tor titteen
(15) conaecutive days prior to the hearing or conaider-
ation ot the caae. Such posting shall consist ot a
aign three teet by tour teet in size, located tour
teet above ground level in a conspicuous place, reading
in letters intelligible rrom the adjoining street
right-or-way."
-447
Minutes ot May 15, 1961
The state atatutea govem the annexation procedure to be tollowed by
the Cit1 ot ~ewood. Specitically, aa to tim lllaitationa on
annexation• (except where an election ia involved), they contain
the tollow1ng proviaiona:
" ••••• No auch petition ahall be valid tor the purpoaea
ot thia article it &nJ aignature thereon ia dated aore
than one hundred and eighty daya prior to the date ot
tiling aaid petition with the legislative. body ot the
mnicipality ••••• The legislative body shall by
reaolution accept or reject the petition and it it
accept• .... , not aooner than thirty days atter the
tirat publication ot notice ot petition as provided
in section 139-11-4, it shall approve the annexation
by ordinance ••••• " 139-11-3, CRS 1953
"Proceeding• prosecuted diligently. --The proceedings
betore both the 11111icipal otticers and the county court
ahall be conducted without unnecessary delay. Atter
the tiling ot a petition or consent with the governing
body ot a city, city and county, or incorporated town,
aa provided tor in aection 139-11-4, no other proceedings
ahall be c0111enced or prosecuted tor the annexation or
incorporation ot th• •-territory or any part thereof
until the question ot annexing such territory in pur-
suance ot auch petition or consent shall have been tinally
diapoaed ot. Unleaa action to approve or diaapprove ha•
been taken by the 1overn1ng body with which it haa been
tiled, it ahall become void and ot no etteot on the
ninetieth day atter it• tiling, and the court •Y diamiaa
the petition betore the ninetieth day it it i• not
proaecuted with reasonable diligence." 139-11-9, CRS 1953
In ~ opinion, the question poaed aa to taking ot tirat action by the
CitJ Council ia apecitically answered by the last sentence ot the
statute quoted above, which, aa noted, aaya: "Unleaa action to
approve or diaapprove ha• been taken by the governing body with which
it baa been tiled, it •hall become void and ot no ettect on the
ninetieth day atter it• tiling, and the court •Y diamiaa the
petition betore the ninetieth day it it ia not proMcuted with
reasonable diligence."
JVB/e•
Reapecttully submitted,
/a/ Joseph w. Each
Joaeph w. Each
City Attomey
City ot Englewood, Colorado
cc: Cit7 Planning and Zoning Conmiaaion"
Diacuaaion enaued with regard to the tiling dates ot the KLZ site and alao
the Kant School aite aa to thi• 90 day 11m1tation. The City Manager reported that
the Planning COlmiaaion ha• acheduled the public hearing on the Kent School
on1ng requeat tor 'l'hurada7, Ma1 25th. At thia same •et1ng the reo~ndation
would be .. de bJ the Plannina COllld.aaion with regard to the ILZ req,.at tor zoning.
lie •usse•ted that the Council aight conaider meeting on May 26th to act on the
reo~ndation 1n the caae ot the KLZ zoning request ao that publication could be
ll&de and the hearing on thi• zoning request be aet tor the Council meeting ot
June 19th. Diacuaaion enaued. The Jla7or aet torth that the Council would met
1n an adJourned Haaion on l'riday, Jlay 26, 1961, to consider the rec~ndation ot
the Planning COlllliaaion with regard to the KLZ site and, it tavorable, to advertise
tor public hearing betore the City Council.
611-43 RBLATDIJ TO ADBXATION OP 60 ACRE TRACT
'!he CitJ Attorne1 atated that he had a bill tor an ordinance .,., .. red tor the
annexation ot that tract ot land northwest or West Union and South JPederal. Di•-
cuaaion enaued.
Introduced •• a bill by Councilaan Martin
A BILL
J'Cll Alf CIU>IJIANCB APP&OllMJ THI Al'flfKXATION OP 'l'RB PROPBRTY llBRBillAPrBR DBSCR:IMD TO
'1'BB CIT! 0. BlllLBWOCX>, COLORADO, AMI> ADEXINO SAID DESCRIBBD PROPBR'l'! TO THI CITY
OP BllJLBVOOD, COLORADO I TO-VIT:
ALL OP 'l'llAT POM'ICll O'll THI NORTHWBST QUARTER (NWt) OP SBC'l'IOM 8, TOWBSHIP 5 SOO'l'R,
ROOB 68 WBST O'll 'l'BB 6TH PRINCIPAL MERIDIAN THAT IS COMTAINBD IN THI POLLOWINO
DBSCRIBSD BOUJIDlRIBS:
BBGillllim AT TRI IWtBRSBCTIOlf OP THI CBMTER LINE OP WEST UlfION AVBHUE WITH TBE
BAST LID OP TD KOR'l'llWBST QUARTER (NWt) OP SAID SECTION 8, SAID POIM'l' BBDO ON
'l'BI PRl8D'1' CIT! LillITS O'll Tiii CIT! OP BlfOLBWOOD, AND BBDfO ALSO 30.0 PBl'l" RCll'l'll
OP '1'llB SOU'l'llBAST CORDR OP SAID NOR'l'HWBST QUARTER ( NWt); 'l'llBlfCB ALOlll THB CwtBR
LID O'fl WB8T UJIICll AVDJUB 'I'D POLLOWitm COURSES: SOUTH 890 41 1 15" WBST 225.71
PDT1 'ftlDICB ALClll A TAmBRT CURVB TO THE RIGHT HA~S~,O· A
CaTRAL AmLB C. 27° 55', Alf ARC LBNOTH OP 355.68 PBB'l'; ~ '! ~~
ttJRVB TO '1'RB LBP1' BAVIIO A RADIUS OP 214.0 PEET, AC AllJLB OP 240 51 1 , AN
'l'BDICB aC>R'ftl 62° 22' 45" WEST 446.29 PBBTr
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Minutes ot Ma.1 15, 1961
ARC LBllJ'1'JI OP 92.81 PBIT; THBNCB NORTH 870 13 1 45" WBST 156.86 1'BBT TO THB Dfl'BR-
DCTIClf <1' 'l'RB C&lf1•Bft LID OP WBST UNION AVBNUB WI'DI THB CEltrBR LID OP SOU'l'll
DtVDll S'l'RD'l'; 'l'BBNCB .ALOJIO LAST SAID CBNTBR LID PROM A TAJllBl'l' 'l'llAT BURS R<ltTH
020 "6 1 15" BAST ALOlll A CURVE TO TRI LBPl' HAVIlG A RADIUS O• 175.0 l'B&T, A
aaftAL AJllLB OP 41° 55' 15", AR ARC LBNO'l'H OP 128.05 Jl'BB'l': '1'llDCB llOJttB 390 09'
aft 62.25 JPBl'l'J 'l'KllCB ALOlG A TDOBNT CURVE TO '1'111 RIGHT RAVDll A RADIUS OP
l~.6 #Bii', A CBlft'RAL ANOLB OP 390 09 1 , AR ARC LBNOTH OJ' 105.6 i'BB"tJ 'l'DllOB llm!ll
35. 0 1ilfi 'l'O TD SOO'l'DAST CORRBR OJ' PLBASAMT VIBW SUBDIVISIOK J 'l"llllfCB WBS'l ALOlll
'ftlB SOU'l'll LID OP SAID PLBASAJfT VIBW SUBDIVISION 1319.2 1l'D'l' 'l'O 'l'D Scm'l'BWB8'1
C<IUIBR Oii SAID PLIA8Alft' VIBW SUBDIVISIOR; THINCB N<mTR ooo 12 1 BAST ALOlll '1'llB VBS'l
LID OP SAID SUBDIVISIOR AMD ITS NORTHBRLY PROLOIGATIOR 674.:i, nJT TO TBB lfOMllWBST
CORl&R OP 'l'RB SOO'l'HWBST QUARTER OP '1'HB NORTHWEST QUARTER (SWt NWt) OP SAID SBC'!I<Xf
8, IAID POillT BBIHO ALSO ON TllB PRBSBNT CITY LIMITS OP '1'HB CITY OP SHBRIDARJ 'l'RllCB
ALmD 'l'RB PRBSDT CITY LIMITS 01' TllB CITY OP SHERIDAN TllB POLLOWilfO COORSES: BAST
1~9.2 n&'t TO TBB BAST LIMB OP SOU'DI IRVING STRBBT; THBNCB NORTH ALOlfO SAID BAST
LID OP SOU'l'll IRVDIJ STREIT 60.0 PDT TO THE NORTHWEST CORJfBR OP LO!' 25, BLOCK 48,
OBll'IDWIAL ACRBS BIOll'l'H J'ILIIG; THBNCB BAST 554.4 PBBT; TRBlfCB NORTH 290.0 PBBT(
"l'llDCB UST 735.0 PDT TO THB APORBSAID EAST LINE OP THE NOR'DIWBST QUARTER (WtJ
01' SBCTIC»f 8; TllDCB SOOTH ALONO I.AST SAID BAST LINE 227.9 PBBT TO A POINT OR TBB
PRBSD1' cm LIMITS OP THE CITY OP ENGLEWOOD; THENCE CONTIRUDfQ SOOTH ALOlfO SAID
BAST LID 1417.1 PDT TO THB POINT OP BBOINNINO, ARAPAHOE COOJf'l'!, COLORADO.
BB IT ORDAIDD BY THE CITY COUNCIL OP 'l'HB CITY OP BNOLEWOOD, COLORADO:
-~ft 1. That written petition was properl1 tiled in accordance with statute
•1th ~ tJ Council ot the CitJ ot Englewood, Colorado, propoa1ng the annexation
to aaid CitJ ot Bnclewood ot th• hereinafter described land, situate 1n the Count1
ot Arapahoe, State ot Colorado, to-wit:
All ot that portion ot the Northwest Quarter (Wt) ot Section
8, Townahip 5 South, Range 68 West or the 6th Principal
Meridian that ia contained in the following described
boundari••:
Beg1nn1na at th• 1nteraect1on or the center line or
V.at Union Avenue with the Baat line ot the Northweat
Quarter (NWt) or Mid Section 8, said point being on
the present citJ 111l1t• or the CitJ or Englewood, and
being alao 30.0 teet North or the Southeast corner ot
said Northwest Quarter (NVt); thence along the center
line or Veat Union Avenue the following couraea: South
890 42 1 15" Veat 225.71 teet; thence along a tangent curve
to th• ristit having a radius or 730.0 feet, a central
angle or '27° 55' an amrc length or 355.68 reet; thence
North 62° 22' 45~ Weat 446.29 teet; thence along a tangent
curve to th• left having a radius or 214.o reet, a central
angle ot 24° 51' an arc le~th or 92.81 teetJ thence
North 870 13' 45A Weat 156.86 teet to the 1nteraect1on ot
the center line or West Union Avenue with the center line
ot South Irving Street; thence along laat said center
line tram a tangent that beara North 020 46• 15" Baat
along a curve to the lett having a radius or 175.0 teet,
a central angle or 41° 55' 15", an arc length ot 128.05
reet; thence North 39° 09' Vest 62.25 reet; thence along
a tangent curve to the right having a radius ot 154.6
teet, a central angle ot 390 09', an arc length or 105.6
teet; thence North 35.0 teet to the Southeast corner ot
Pleasant View SUbd1viaion; thence Weat along the South
line ot Mid PleaMnt View SUbdiviaion 1319.2 teet to
the Southwest corner or aaid Pleasant View SubdiviaionJ
thence North 00o 12 1 Bast along the West line ot aaid
subdivision and it• Northerly prolongation 674.1 teet to
the Northwest corner 9t the Southwest Quarter ot the
North .. at Quarter (SWt NWt) ot aaid Section 8, Mid point
being alao on the present citJ limits ot the CitJ or
Sheridan; thence along the present city 11a1ta ot the
CitJ ot Sheridan the following courses: Baat 1349.2
teet to the Baat line ot South Irving StreetJ thence
North along aaid Bast line or South Irving Street 60.0
teet to th• Northwest corner or Lot 25, Block 48
Centennial Acree Eighth Piling; thence Baat 554.4 teet;
thence North 290.0 reet; thence F.aat 735.0 teet ~o the
atoreaaid Baat line or the Northwest Quarter (Wt) ot
Section 8; thence South along last aaid Baat line 2'27.9
teet to a point on the present city limits or the CitJ
ot Englewood; thence continuing South along said Baat
line 1417.1 reet to the point or beginning.
S!ctil 2. 'Dlat said petition was signed by the owner• or more than titt1
percent (5 ) or the area or such territory, who also comprised a majoritJ ot
the landowner• residing in the aaid territory at the time the petition waa tiled.
notion 3. That said petition was in all respects in contonai.tJ with the
prov1~ona of Article 11, Chapter 139, Colorado Revised Statutes, 1953, aa
AllendedJ that said petition was favorably considered bJ the C1tJ Council pt the
aald CitJ ot Bn&l••ood, constituting the legislative bodJ or the municipalitJ to
wb1oh aaid territory ia proposed to be annexed; that notice or the aubstano• ot
the petition, the date or signing, the number or persona signing, a deacription
ot th• territory included in the proposed annexation, and a statement that land-
449 ,
'
50
111.nute• ot 11&1 15. 1961
ownera ot the area .. 1 expreaa their opposition to the annexation and 1ecure an
election b7 COlllPlYinl with the proviaiona ot Section 139-11-4, Colorado Rev198d
Statute•, 1953, •• publiahed purauant to statute.
Section a· in.t Mid herein&bove described parcel or p&rcele ot propert7 be,
and thi11iere 1 are, declared annexed to the City or Inglewood, Colorado, and are
hereb7 lll&de a part ot the aaid City. pursuant to the proviaiona otAAiJticle 11,
Chapter 139. Colorado Revised Statutes. 1953. aa Amended.
Paaaed on Pirat Reading by the City Council or the City ot Englewood, Colo-
rado, thi• 15th da7 or Ma7, A.D. 1961, and ordered published in tull in the
Bnalewood Herald and Bnterpriae.
Paaaed on Pinal Reading by the City Council or the City ot ~lewood,
Colorado. thia daJ or , A.D. 1961. and ordered
publiabed in tull in the BnglewoOd Herald and Biiterpriae.
AfrBST:
I. B. o. auaang. City Clerk-Treaau City or Englewood, Count1 ot
Arapahoe, State Colorado. do hereb7 certi hat the above and roresoina
ordinance waa int ed. read. paaaed and orde published aa a bill 1n the
Bnalewood Herald and n>riae at a replar •et r the Cit7 Council held on
the da7 or A.D. 19' • that at leaat 1 da1•
atter above publication aa a t • a ove ordinance waa roved, adopted and
ordered publiahed in aaid legal n paper bJ the Cit7 Counci t a __ !'lll'!IP' __ _
_.tlna held on the da7 .D. 1961, ae
Ordinance No • .:.: • Seriea ot 1961. ot said City.
ATTBST:
SBAL
•• read tor the tirat time.
COUJICIUIAll JIARTIJf MOVBD, COUlfCIUWf BROWMBWBLL SBCOllDBD, THAT THB PROPOBD
BILL Jl'OR AJf CIU>DWICB BB PASSBD ON PIRST RBADINO AJfD PUBLISHBD Ilf PULL DI TD
... LSWOCI> HIRALD AJfD Blft'BRPRISB. Upon the call or the roll, th• vote resulted aa
tollowa:
A7ea: Council .. n McLellan. Martin. Brownewell, Kreiling.
Na7a: Council .. n Woode. Mil••• Braun.
AbHnt: None.
Th• lla7or declared the motion carried.
Introduced aa a bill by Council•n McLellan
611-10 BILL 1'0R llU>IlfAMCB JfO. 15. SERIES OF 1961
U CIU>IlldCB AU'l'llORIZIJfO TRB ISSUAJfCE OF CITY OP ENGLEWOOD, COLORADO, PAVDIO
BL&WCT NO. 11 BCllD8 AND PROVIDING POR THE PAYMBN'l' OP SAID BOJIDS AJfD THB Ilft'BRBST
'1'RIRBClf.
WBBRBAS, Pavina District Jfo. 11 in the Cit7 or Englewood. Colorado, baa been
dulJ created bJ Ordinance Ro. 12, Serie• 1961. or said City, tinally adopted and
approved on the 17th day or April, 1961; and
WBJ:RBAS. Notice to Contractors to submit bide for the construction or the 1m-
prove .. nta in aaid District baa been duly published and the contract tor auch con-
atruction baa been duly a•rded to Peter Kiewit Sona' COlllJ)&nY, ot Denver, Colorado;
and
VlllRBAS, Jfotice or the Sale or $300.000.00 ot the bond• ot aaid Diatrict baa
been duly publiahed and such bonda have been awarded to Boettcher• Co •• •
Aaaoc1ate1, or Denver. Colorado; and
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Minutes ot May 15, 1961
VBBRBAS, it i• now neceaaary to provide for the iaauance ot aa1d bonds and the
tora and payment thereof;
BB IT ORDAIJIBD BY THE CITY COUNCIL OP THE CITY OP BNOLBVOOD, COLORADO:
Section 1. BJ virtue ot and in pursuance ot the laws ot the State ot Colorado,
the Charter and Ordinance No. 8, Serie• 1959, ot aaid City, bond• ot Paving District
Ro. 11 1n aa1d City shall be iaaued tor the purpose ot paying tor local improve .. nta
conatructed 1n aa1d Paving District. Said bond• shall be dated aa ot July 1, 1961,
and ab&ll conaiat ot 250 bonds 1n the denomination ot $1,000 each, numbered 1 to 250,
inclusive. S&id bond• shall be payable to bearer and •hall be abaolutely due and
payable on July 1, 1972, aubJect to call and prior paymnt at par and accrued
intereat at any time atter the date thereof upon thirty day•' notice published 1n
the Bnglewood Herald and Bnterpriae.
Said bond• ah&ll be subscribed by the Mayor, attested and countersigned by the
City Clerk and 'l'reaaurer, under the seal or the City, and shall be payable out ot
monies collected tro• aaaeaamenta to be levied for the improve .. nta conatru~~ 1n
aa1d Diatrict and trom tunda here1natter mentioned. Should any ott1cer who""'lignature
or tacaill1le aignature appears on aaid bonds or the coupons thereto attached cease
to be auoh otticer betore delivery or the bonds to the purchaser, such signature or
tacaiaile signature shall nevertheless be valid and sutticient tor all purposes.
Said bonds shall bear interest payable semi-annually on the lat day ot January
and the lat day of July each year aa evidenced by two sets of coupons to be attached
to aaid bonde, such coupons to be signed with the raca1m1le si~ture of the City
Clerk and Treasurer. Said interest coupons shall be designated "A" and "B",
reapectively. Coupons shall be attached to bonds numbered in the following schedule
showing interest ratea and the number or "B" coupons to be attached to each ot aaid
bonds, to-wit:
BOlld J!o•·
1-75
76-125
126-13i
164-1
1~2li 21 -23
2199&80
126-250
Amount
75,000
50,000
38,000
25,000
25,000
25,000
12,000
125,000
"A" Coupon• Prom
Date to Maturity
2 3/4
3
3 1/4
3 3"1J 3 1 2
3 5/8
3 5/8
"B" Coupons
Prom Date
To 7/1/62
21/4
Section 2. Said bond• and the coupons to be attached thereto shall be in sub-
atant1.all7 the following form, to-wit:
STATB OP COL<IW>O
No.
UNITED STATES OP AMERICA
CITY OP ENGLEWOOD
PAVING DISTRICT NO. 11
BOlfD
COORTY O'JI ARAPAHOE
$1,000
The City ot Bnal•wood, in the County ot Arapahoe and State ot Colorado, tor
value received, acknowledge• itaelt indebted and hereby proaiaea to pay to the
bearer hereot the principal aum ot
ONE THOUSAND DOLLARS
in lawtul money ot the United State• of America, on the lat day ot July, 1972, subject
to call and p&)'119nt, however, at any time prior thereto, with interest thereon from
date until paymnt according to the coupons attached hereto, payable aem-annually
on the lat day of January and the lat day ot July each year, principal and interest
beina payable at the oftice ot the City Treasurer, 1n F.nglewood, Colorado, on
preaentation and surrender ot the attached coupons and this Bond aa they severally
beoOll8 due or are called tor payment.
Thi• Bond i• iaaued tor the purpose of paying the coats ot street and avenue
1.llprove .. nta in Paving District No. 11, 1n the City ot Englewood, Colorado, by
virtue ot and 1n tull contorllity with the laws ot the State ot Colorado, the Charter
ot said Cit7 and an ordinance ot said City duly adpJ*ld, approved, publiahed and •de
a law ot aaid City prior to the issuance hereot.
'ftli• bond i• payable out ot the proceeds ot the apecial aaaeaamenta to be levied
upon real ••tate aituate 1n the CitJ ot Englewood, Colorado, in Paving District No.
11, apec1.all7 benetited bJ aaid improvements, which aaaeaa .. nta ao to be levied,
with accrued intereat, will be lien• on said real estate 1n the respective amounts
to be apportioned thereto and aaaeaaed by an ordinance ot said Cit7.
'ftle Charter ot aaid City provides: "Whenever a public improve•nt district baa
paid and cancelled tour-tittha ot it• bond• outstanding, and tor any reason the
re .. 1n1ng aaaeaa .. nta are not paid 1n time to take up the tinal bonds ot the district
and intereat due thereon, and there i• not autticient money in said special aurplua
and det1oienc7 tund, then the Cit7 shall pay said bonds when due and intereat due
thereon and reillbur•• itaelt by collecting the unpaid aaseaa•nta due uid district."
453
~
Minutes ot May 15, 1961
It i• hereb7 certified and recited that the total iaaue ot bond• ot said City
tor aaid District, including this Bond, does not exceed the aaount authorized bJ
law; that every require•nt ot law relating to the creation ot Kid Paving District
llo. 11, th• •king ot Mid local improve•nta and the issuance ot this Bond baa
been tullJ COllPlied with by the proper orricera or said Cit7, and that all con-
d1t1ona required to exist, and thing• required to be done precedent to and in the
iaauance ot thi• Bond to render the same lawtul and valid, have happened, been
properl7 done and perrormed, and did exist in regular and due time, rorm and
-.nner, •• required bJ law.
Por th• pa1119nt or thi• Bond and the interest thereon, the City pledges all
or it• lawtul corporate power•.
Df 'l'BSTDIOllY VBBRBOP, the City or Englewood ha• caused thi• Bond to be aub-
acribed b7 it• Ma7or, attested and countersigned by its City Clerk and Treasurer
under the seal ot th• Cit7, and the interest coupons hereto attached to be signed
with the taca1m1le algn&ture or the City Clerk and Treasurer, aa ot the lat day
ot Ju17, 1961.
(S B A L ) kL.~~~
AT'l'BS'l'BD AlfD COOMTBRSIONED:
(/ Miyor 7 (/
No. A" ___ _
No. B. ___ _
(Porm of Coupon) •---•---
On the lat day ot J~ry, 19 , the City or Englewood, in the Count7 ot
Arapahoe and State or ColorL\o, will pay to the bearer
__ ,_,_ _____________________ DOLLARS
DOLLARS ---------------------------
in lawtul llOfteY ot the United States or America, at the orrice or the City Treasurer,
in Englewood, Colorado, being interest then due on ita local improvement bond iaaued
tor the construction ot local 1.Jlprovementa in Paving District No. 11, Englewood,
Colorado, provided the Bond to which thia coupon ia attached ahall not have been
theretofore called tor payment or paid. Attached to Bond dated July 1, 1961,
bearing
No.
~~d Treasurer .
Section 3. 'ftle proceed• ot aaid bonds shall be applied onl7 to pay the coats
and e.xpena•• or conatructing the improvements in aaid D1atrict and all other coats
and expenaea incident thereto. In the event that all or the proceeds or said bonds
are not required to pay such coat• and expenaea, any re•ining aaount shall be paid
into the special aaaeaa .. nt tund tor the purpose ot paying the principal ot and
intereat on Mid bonda.
Section 4. S&id bonds and the interest thereon shall be paid rrom special
aaaeaa .. nta to be levied on the real property in said District, from the Surplus
and Dericiency 1'\and or said City and rrom any other available 1\lnds ot the City. Wilen
there i• on band a autricient amount to pay •ix months' interest on outstanding
bond• or Mid Diatrict, the City shall call for payment or outstanding bonds in
nu111trical order with tunda available therefor.
Section 5. Arter the expiration or the period for cash paymnts ot aaa••••nta
in tull, the CitJ shall pay each 7ear not lea• than l~ ot the total a.ount ot
bond• ot Mid D1atrict outstanding after the payment ot bond• with the proceed• ot
auch caah pa1119nta or aaae•••nt• in tull.
Section 6. That in accordance with Section lo8 ot the Charter ot said City,
whenever there i• a deficiency in the tund ot aaid Improve .. nt District to 11eet
pa189nt ot outstanding bond• and interest thereon, such deticienc7 shall be paid
out ot the special Surplus and Deficiency Pund ot s a id City. Whenever •ld District
haa paid and cancelled rour-ritth• or the bond• iasued therefor and tor any reason
the re 2 ning aaMswnta are not paid in time to take up th• tin&l bond• ot the
District and interest due thereon, and there 1• not autticient mone1 in Kid SUr-
plus and .. ticienc7 Jfund, then the City shall pay aaid bond• when due and interest
due tbereon and reimburse itaelt by collecting the unpaid aaaeaamenta due Kid
District.
Section 7. It it •hall be neceaaary to advance money to naintain current
pa,..nta ot interest and equal annual payment• or the principal amount ot the bond•
issued tor aaid District, the City Council shall levy annual taxes on the taxable
propertJ within the City not exceeding two mills in any one year and ah&ll apply
the proceed• ot such taxes tor aa1d purpose. In lieu or such tax levies, the
Council .. Y annually transfer to such special fund any available money ot the City,
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Minutes ot May 15, 1961
but 1n no event shall the amount tranaterred in ani one 1ear exceed the amount which
would result tram a tax levied 1n auch 1•r a1 heNln llalted. Such tax levies or
tran•t•rea ot tund• 11&y be 11&de 1n acool'danoe wi th and purauant to Section 109 ot the
Charter ot said City.
Section 8. Should any part or proviaion ot the Charter ot th• City ot Engle-
wood, Colorado, or thi• Ordinance, or &nJ part or prov11ion ot an ordinance or the
charter or A"7 other City 1n th• State or Colorado havi.ns aubatantially aimilar terms
and provision• aa thoae contained in th• Bn11nood Charter or thi• Ordinance. ever
be judicially determined to be invalid or unenforceable. auch determination ah&ll
not attect the re .. 1n1ng parts and prov111on1 ot the Bnslnood Charter or thi•
Ordinance, the intention being that ••oh part and proviaion or the Charter and this
Ordinance i• severable •.
All ordinances or parta thereof in conflict with this Ordinance are hereby re-
pealed.
·Section 9. Thia Ordinance, atter it• t1n&l paaaage, shall be recorded 1n a book
kept tor that purpoaeJ shall be authenticated by the aignaturea ot the Mayor and
City Clerk; ahall be publi•h•d aa provided in the Charter ot th• Cit7J and atter
becOlling ettective, shall be irrepealable until the bonds ot said District shall be
paid 1n tull.
Section 10. A public 119ar1ng on this Ordinance will be held in the Council Room
ot the City Rall on Monday. the 5th day or June, 1961, at the hour ot 8:00 o'clock
P.M.
Section 11. Thi• Ordinance ahall take errect thirty days atter publication
tollowing tinal paaaage.
Ilft'RODUCBD AND READ Thi• 15th day or May, 1961.
( S B A L )
ATTBST:
Mayor
•• read tor
COUJICIUIAN JlcIJrT.I.Alf JIOVBD. COUNCILMAN BRAUN SECONDED. 'l'llAT TllB PROPOSBD BILL
POR Alf CIU>IJUJfCB BB PA88BD ON PIRST READING AND PUBLISHED IN PULL IN THE BNOLBWOOD
llBRALD AllD &lfl'BRPRISZ. Upon the call or the roll, the vote resulted aa tollowa:
Ayea: Council•n Woode, Miles, McLellan, Martin, Brownewell, Braun, ltreil1ng.
Naya: None.
Absent: None.
'l'he Mayor declared th• motion carried.
MANAGER'S CHOICE
The CitJ Manager reported that insurance providing protection against ralae
arreat ... d now been .. cured and was in rorce at a coat slightly in excess ot
$600.00.
The City Manager reported that he was designating Mr. Harold H. Babcock,
Utilities Director, aa Acting City Manager in his absence tor a vacation.
MAYOR'S CHOICE
611-18 "u 1w1+u•".1.yn trOll Chem Hilla Village reprding ~ Bite
The Jla7or read a letter addressed to him by Mayor Davison ot Cherry Hilla
Village tranaaitting a copy or a resolution or Board ot Trustees ot the Town or
Cherry Hilla Village, Colorado. The resolution waa read in tull aa tollows:
"IT IS HIRBBY RBSOLVBD, tl'at the Town ot Cherry Hilla Village ia ,
opposed to the granting or commercial zoning tor the purpoae or con-
atructiDn ot a regional shopping center on that property on Bast
Jltwpcten Avenue known aa the JCLZ site for the reaaona that:
1. Such use or the JCLZ site ia ll\compatible with the residential
nature or the area surrounding the site.
2. Such uae will 1ntlict danage to rea1dential property values or
the homes surrounding the site.
3. There is no public need tor coJllD8rcial zoning at this location.
~45f
Minutes ot May, 15, 1961
PURTllBR RBSOLVBD, that the Mayor is authorized and directed to send
copies ot the toregoing resolution to the Mayor ot the City ot Bnglewood
and the Ch&irmn ot the Englewood Planning Collllliaaion."
COOJICILllAJf JWft'Df MOVBD, COUNCILMAN WOODS SECONDED, THAT THE LB'l"l'BR Alm
RBSOLU'l'ION BB RBCBIVBD ARD PLACED ON PILE. Upon the call ot the roll, the vote
reeul. ted aa tollowa:
A7ea: Council•n Woods, Miles, •cLellan, Martin, Brownewell, Braun, ICreiling.
lla;raz None.
AbHnt: None.
The Jla;ror declared the motion carried.
Th• lla7or rellinded the Council•n ot various •etinga 1n the near tuture and
alao ot the need to plan to attend the Colorado Municipal League Convention 1n
June.
COUNCILMEN'S CHOICE
611-31 Bnglewooc1 Recreati8£ Council co111111W1ication relating l2 91111ng ot
erokie Street
Councillll.n Woode read a letter from the F.nglewood Recreation Council dated 11&7
15th which rec01mended that the City open Cherokee Street through the Cit7 Park
providinl that th• land adjac•ntotoh the park presenttj used tor Merchant• -..,107ee
Parking be returned to park uae.
Council111.n McLellan inquired aa to the status or the provision which ...id
provide t1nano1al authority tor the Recreation Council. Diacuaaion enaued. The
Cit7 Attorne1 stated that he cooperated in every way but waa not reaponaible tor
the dela7. c
Councillll.n Mil•• reported that the Planning Coaaiaaion ia conaid•rinl an ... nd-
.. nt to th• Zoning Ordinance which would provide tor the extenaion ot non-contorming u..... D1acuaaion enaued. The City Attorne7 tentative17 ·queationed legalit7 ot th•
propoaed -ndment.
Councillll.n Braun reported that Municipal Judge Bodan planned on leaving June
12th tor a 2 week vacation. He stated that a replace•nt would be neceaaaey. The
lla7or aaked that a replacement be considered by the Council tor appointment at the
.. •ting ot June 5th.
ADJOURN
COUJICIUWI MARTIN MOVBD, COUNCIUUN BRAUN SECONDED THAT TD MBHDO BB AD-
JOURDD 'IO RBCOIVDB AT 8100 P.M. ON PRIDAY, MAY 26, i9t1, POR PURPOSB OP COR-
SimRIID RBCCllBllDATIONS PR(J( THE PLANNING AND ZONING CCllQSSIOlf ARD ()IDIBR llA'l'TBRS.
Upon the call ot the roll, the vote resulted as tollowa:
A1ea: Council•n Woods, Miles, McLellan, Martin, Brownewell, Braun, 1Crell1ng.
lla7a: None.
Abaen t: None •
Th• lla;ror declared the ••ting adjourned to 8:00 P.M., Prida7, Ma7 26th, at the
Council Challbera, City Hall, Englewood. ·
'!be llinutea of the meeting of th• City Council of the City of BncJlewood,
COlorado, held on th• 15th day of May, 1961 A.D., stand approved •• corrected
thi• 5th day of June, 1961 A.D.
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