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HomeMy WebLinkAbout1960-10-17 (Regular) Meeting MinutesaaGULAll llBBTIMG: COOJICIL CBAllBBBS CITY OP aMGLDOOD, COLORADO OCT<Jlaa 17, 1960 The City Council of the City of Bn1lewood, County of Arapahoe, Colorado, .. t in regular ••••ion on llonday, October 17, 1960 in the Council Cbaabere in City Ball, Bnglewood, at the hour of 8:00 P.11. llayor Pro Te• Kreiling presiding, called the meeting to order and the invocation was given by the Reverend Frederick Bahn of the I--.nuel l.Altberan Church. Tbe lla~or Pro Tea asked for roll call. Upon tbe call of tbe roll, the following persona were present: Councilmen: Braun, Brownewell, Kreiling, llartin, llcLellan, Woods. Also Present : Acting City llana1er Babcock, City Attorney .. ch, City Clerk Beausang. Absent: llayor Scott. Tbe llayor Pro Tea declared a quorum present. 602-38 PUBLIC llBARING ON THI RaZONING APPEAL FOR AN ABBA NBAR SOUTH CllBROICIB STRBBT IN WBST ITHICA AVBNUB coo.:ILllAN BRAUN llOVBD, cou.::ILllAN llARTIN .SBCONDBD, THAT TllB PUBLIC llBAR- ING ON TllB APP&AL POR REZONING Bl OPBNBD. Upon the call df tbe roll, tbe vote resulted as follows: Ayes: Councilaen Braun, Brownewell, Kreiling, Martin, llcLellan, Woods. Nays: None. Absent: llayor Scott. Tbe llayor Pro Te• declared the motion carried. Tbe llayor Pro Tea outlined the area under consideration at this bearing and presented the details with regard to the public bearing. lie asked for those wbo were favorable to tbe rezoning to present their arguments at this tiae. Mr. llark o. Shivers, Jr., representative for those who wished the R-2-A zoning for tbe entire tract, spoke further of the history of tbe land and its usage and the lack of ace••• to that area which would be a serious prob- 1•• should the area be developed with large apartment houses ae was possible under the preaent R-3-B zoning. He stated that zonin1 tbe entire tract R-2-A would coaply with all the exiatin1 usage, would not represent spot zonin1 as there i• R-2-A zoning i ... diately to the North, would provide 1reater benefit to land owner• and users in the form of an orderly develop- aent. Discussion ensued. The llayor Pro Tea asked that other persons present favorable to tbe re- sonin1 to R-2-A indicate tbia approval. Twenty three persons were present favoring the zoning change. Tbe Mayor Pro Tem then asked for arguments against the rezoning. Mr. Lyle Goldsberry, representin1 Mr. Skerrill and Mrs. Body, owners of the land presently zoned R-3-B, objected to the up1rading of the zoning in the area. Be expressed the viewpoint that apartment housing was very greatly needed throughout the lletropolitan Denver Area. Re expressed tbe viewpoint that apartaents would not be more noisy or cause a greater dis- turbance than duplexes and discussed other objections to the proposed R-2-A zoning. Mr. Skerrill and bis son-in-law were present and spoke for tbe zon- ing as it presently exists and requested that tbe R-3-B zoning be extended to tbe entire area under consideration. Mrs. Body spoke in favor of leaving tbe zoning aa it is preaently, due to the closeaess of tbe land under con- sideration to the business district. Tbe llayor Pro Tea asked all of those not favoring tbe proposed zoning cbange to rise. Nine peraona indicated that tb9opposed tbe pl'epoaed zon- ing cbange to R-2-A. Mr. Shivers, in rebuttal, stated that the proponents of tbe zoning cbange to R-2-A objected to 120 to 130 apartment units being constructed in that area. lie eapbaaized that there would be disturbance• and other pro~1 ... with tbe nu•ber of peraon reaidin1 in that small an area. I I I I Minutes of October 17, 1960 llr. Goldaberry su1111&rized that it was normal to have oppoaition to rezonins and co ... nted that conatruction of duplexes in that area would encoursse a poorer claaa of occupant than either single faaily dwellinps of apart .. nt units. COUJEILIWf HAUN llOVBD, coo-=ILllAN llARTIN SBCOMDBD, THAT TBB PUBLIC B&ABI1'G BB CLOSSD. Upon the call of the roll, the vote resulted as follows: Ayes: Council .. n Braun, Brownewell, Kreiling, llartin, llcLellan, Woods. Kaya: Jfone. A been t: llayor Scott. Tbe llaJor Pro Tea declared the aotion carried. Councilaan Braun inquired when the sinsle-family residenc .. in the R-3-B zone bad been erected. They bad been erected within 5 or ten years. Council- .. n Braun then infor .. d those residents that they bad been zoned R-3-B while tb•J bad lived there and that no objection bad been raised at that tiae to the zonins in which there ho .. • were built. Council119n llcLellan and Brownewell spoke for the R-2-A zonins. The City Attorney reviewed tbe voting requirements under tbe appeal provisions of the Zooins Ordinance, stating that 5 favorable votes were neceaaary to allow the requeat for R-2-A zoning in the area. (llayor Scott entered the Council Chambers at 9:03 P.11.) Tbe llayor Pro Tea reviewed the discussion and sumaarized the results of the public bearins for llayor Scott. The llayor stated tbat unless bis vote would be deci•i•• that be would not require the arguments brousbt fortb ·at the public bearing to be preaented for his benefit alone. Be atated that should aucb a vote be required be would be glad to infor• hi .. elf of the factor• involved and vote on tbe matter. The City Attorney stated tbat no Councilaao aay abatain from the ballot unless he was personally interested in the aatter. (llayor Scott left the Council Chambers at 9:17 P.M.) coo-=ILllA1' Woa>& llOVBD, cou-=ILllAN ll:LBLLAN SBCOMDBD, THAT TBB UQUBST TO UZOD THAT ADA PROM DST ITBICA TO WEST JBPPBRSON AVSXUBS BBTWBD Dai.AWAD AJID TBS BAlflfOCK-CHSBOKKB ALLEY FROM R-1-D and R-3-B TO a-2-A llKBIO.Jn'iAL ZOKSB BB APPROV&D. Upon the call of the roll, the vote resulted aa folloW8: Ay .. : Council .. n Browoewell, llcLellan, Woods. Kaya: Councilaen Braun, llartin, Kreiliog. Abeent: llaJor Scott. Tbe MaJor Pro Tea declared the vote tied and the motion loat. 602-46 COKSIDDATION OP AUDITORS REPORT BIDING JUNB 30, 1960 (MaJor Scott entered and took the chair at the Council at 9:20 P.11.) COUEILllAN BRAUN llOVSD, COUJfCILllAN BROINDBLL SBCONDBD, THAT THI 1100'101' TO JmCBIVB TD AUDITOR'S llBPORT BB RBMOVBD PROll TBB TABLB. Upon tbe call of the roll, the vote resulted aa follows: Aye•: Councilaeo Braun, Brownewell, Kreiling, llartio, llcLellan, Woods, Scott. Kaya: Kone. Ament: Jfone. Tbe Mayor declared the motion carried. The llayor asked llr. Leslie Whittemore to present bis co ... nts on the Audit .. pert. llr. Wbitteaore stated that there bad been improvements but tbat trial balance• and bank reconcilatioos bad not been made. lie spoke in so .. detail tbe need for these procedures. He then stated that be bad not advocated an accrual systea of accounting for tbe City of Englewood but bad uaed soae of the aetbods of accrual accounting in preparing tbe audit report so that a better picture of the condition of the City could be pre- aented. Diacuasion ensued witb resard to the advantages and disadvantases of an accrual systea for the City of Englewood. 217 llinutes of October 17, 1960 Tbe llayor su ... rized tbe diacussion by saying that the City of Englewood accountins ayatea is beins continually refined and that although it is tbe opinion of the City llanas•r that a full accrual system is not necessary that ll&DJ of tbe advanta .. • are preaently being incorporated into the system. Dis- cuaaion enaued on other pbaaea and questions on the audit. Tb• queation was called for. Upon the call of the roll, the vote re- aulted aa follow•: Ayes: Counc11 .. n Braun, Brownewell, Kreiling, llartin, llcLellan, Woods, Scott. R&J•: Rone. Ab9ent: lone. Tb• lla1or declared tbe 11e>tion carried. COUJl:ILllAJf BaOWDWm.L llOVBD, COUlfCILllAN IELBLLAN SBCOKDBD, THAT THI coc--1ft1wrv•1CATl<lf8 ROM TD CITY CLmlK-TR&ASURU AND THI CITY llAlfAGBR ULATilfG TO TBI DD-YO., JUJm 30, 1960 AUDIT R&PORT BB RBCBIVBD, Upon the call of the roll, tbe vote reaulted a• follows: AJ••: Council .. n Braun, Brownewell, Kreiling, McLellan, llartin, Woods, Scott. lfa1•: None. Ablent: No ne. Tbe llayor declared tbe 11e>tion carried. Councilaan Braun inquired aa to the procedure for the audit for tbe baiaaoe of tbe year. Tbe llayor replied that no commitment bad been made nor a deciaion rendered with resard to the audit for tbe balance of tbe year 1960 and, therefore, no information was available at this time. Couacil11&a Braun inquired of llr. Wbitt1M>re if tbe audit for tbe second half of 1960 would be approxiaately tbe same cost as the first half. llr. Whittemore eati11&ted that it would be approxiaately the same or less. RBCBSS Tbe llayor declared a recess of the Council until 10:45 P.K. CALL TO ORDBR Tbe llayor called the aeetins to order at 10:45 P.M. Upon the call of the roll, the followins peraona were present: Council .. n Braun, Brownewell, Kreiling, llartin, McLellan, Woods, Scott. Tbe llayor declared a quorum present. 602-45 CONSIDBRATION OP BIDS FOR SANITARY SBWBR CONSTRUCTIOlf The ActiDK City llanaser read from a memorandum from tbe City Bagineer reportins that •ids for tbe construction of two City Sanitary Sewer exten- sions, described as follows: 8 inch Sanitary Sewer in the alley in 4100 block W .. t of Galapaso and Weat in West oxford Avenue to South Buron Court and alao in West Mansfield Avenue from South Santa Pe Lane Bast to the alley bet .. en South Xalamath and South Lipan Streets. It was reco ... nded that tbe low bid of the Lakewood Pipeline Company in the a11e>unt of $5,920.90 be accepted. Cotm:ILllAN KUILIIG llOV&D, COUllCILllAN WOODS SBCOMDBD, THAT THI RBCOK- DRDATION OP THI CITY KlfGINDR, APPROVED BY THI ACTING CITY MAlfAGD, THAT TD LAKDOOD PIPELID COMPAlfY BID OP $5,920.90 TO CONSTRUCT TWO 8" SAlfITABY sma LID DTBNSIONS BB ACCKPTBD AND TllB llAYOR AND CITY CLERK BB AUTHORIZED TO BXBCUTB THI DCDSARY COJn'RACTS ON BBHALP OP THI CITY. Upon the call of tbe roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, Kreiling, llartin, McLellan, Woods, Scott. Nays: None. Absent: None. Tb• Mayor declared the motion carried. 602-15 DISCUSSION OP PROPOSKD CINDBRBLLA SHOPPING CBNTBR llr. llartin Deutb, 2201 Kaat Floyd, and two other interested residents of tbe llaapden Bill• area, apoke of their opposition to tbe proposed ILZ aboppins center. Be reaarked that although the City of Bnglewood bad no I I I I I llinuces of October 17, 1980 direct juriadiction over tbi• land be did wish to present so .. of tbe reasons for tbe oppoaition of tbe propoaed aboppin1 center by tbe residents of the area. lie diacu•••d the traffic problems, depreciation of adjoin~n1 land, clraina1• proble .. , need for ele .. ntary school site in tbe area, and tbe vi .. poiat that tbe increaaed valuation may be reduced if not off-set by tbe depreciation of tbe BD1lewood downtown commercial valuation. 11&1or Scott reainded llr. Deutb tbat tbe City Council cannot act directly, oaly throu1b tbe BD1lewood Plaaaia1 and Zonin1 Coamisaion after such opinion 1• invited by the County Plannin1 Officials. He thanked llr. Deutb for bis appearance aad bi• expreaaion of tbe viewpoint of tbe residents of tbe area. 602-3 P80C&m>lllG8 <:. WATK& AlfD snsa ~RD SBSSION OF OCTOBBB lOTH 8Q2-41 .. latin1 to ne1otiation witb llax lloore and associates for land Tbe City Clerk read tbe followin1 recommendation of _tbe Ba1lewood Water aad Sewer Board in full: "Tbat tbe 130.0 acre• of land owned by llax lloore and Associates, located in tbe SS! of Section 32, T 5 S, R 68 w, nece•aary for tbe conatruction of tbe proposed raw waier stora1e reservoir and c:laa, purcb&8e of tbe total a11e>unt bein1 a condition of sale, be purcbaaed at a price of S2,000 per acre plus Sl9,000 dama1es to land within tbe owaerabip not bein1 taken, or a total of S279,000, baaed upon tbe ability of tbe City to make satisfactory fiaaacial arraa1e .. nt. (Rote: Closin1 for this transaction baa been tentatively aet for October 24, 1960.)" Tbe City Clerk read tbe followin1 recommendation of tbe Bn1lewood Water aad Sewer Board in full: "Tbat, aa a condition of •ale, the City Council authorize the 1raatin1, to llax lloore and Aaaociatea, a utility ease .. nt, not to exceed 16 feet in widtb, aero•• tbe extreae west aide of tbe property to be purcbaaed fro• tbea, witb provision• made therein tbat tbe City aay cro•• over •aid eaaement witb pipe•, pipe lines aad other appurtenance• nec•••ary to tbe conatruction and operation of tbe propoaed raw water atora1e reservoir and/or daa." COOJl:ILllAJf BllAUK llOYSD, COOlfCILllAN ELSLLAN SBCONDSD, THAT TBB BBCOM- UIDATl01'8 OF TD S1'GLDOOD WATD ARD sma BOARD BB ACCBPTBD. Upon tbe call of tbe roll, tbe vote r .. ulted .. follow•: Aye•: Councilaen Braun, Brownewell, Kreilin1, llartin, llcLellan, Woods, Scott. Kaya : Kone. A been t : Kone. Tbe llayor declared tbe motion carried. Tbe City Clerk read tbe followin1 reco .... ndation of tbe Bn1lewood Water aad Sewer Board in full: "Tbat aa a condition of aale, tbe City of Bn1lewood a1ree tbat should Dou11&8 and Arapahoe Counti•• ever vacate County Line Road, tbe City of Sa1lewood will provide aa ace••• road aloa1 tbe County liae for ••rvice to property which will reaain under the owner•hip df llax lloore aad Aa•ociat•• alon1 tbe Korth aide of the County line." Couacilaan Kreilin1 au11••t•d tbat tbe reco ... ndation provide for an alternative .. tbod of providin1 access other than those that presently exiat. Diacuaaion eaaued. Tbe llayor remarked tbat the City would need tbe ace••• to tbe c:laa, it would be to its advanta1e to maintain some access into tbe area. lie au11••ted that tbe following wording be added to tbe above reco ... nc:lation, "provided tbat •o .. other suitable access is not made avail- able by poaaible future chan1•• of County Line Road." Tbe City Attorney expreaaed tbe opinion tbat the additional words in- dicated tbe intention of tbe Council ao tbat any a1reements made witb llax lloeee and Aaaociatea aay include tbia intention. COVE ILIWf BllAUB llOY.ID, COOll:: ILllAM IELIIJ.AM SICOIDBD, TO ACCBPT TRI &ECJINllDATIOJI OF TD DGLDO<I> WAT&R AND SDBR BOARD AS AllDDBD BY TBB llAY08. Upon tbe call of tbe roll, tbe vote resulted as follows: Ay-: Council .. n Braun, Brownewell, Kreilin1, llartin, llcLellan, Woods, Scott. Kaya: None. A been t : Kone. Tbe 11&1or declared tbe aotion carried. 219 -><( Minute• of October 17, 1960 602-5 PROCDDllfG8 or TRI BOARD or ADJUSTllBMT AND APPEALS llUTIJIG or SBPTBllBD 14TB Tbe 11&1or aalr.ed that the ainutea be received and placed on file. 602-6 PROCDDl1'G8 or PUBLIC LIBRARY ~RD llBBTIMG or OCTOBKR 11, 1960 Tbe 11&1or aaked tbat the ainutea be received and placed on file. 602-4 PROCDDIRG8 or Cl'n PLADIJfG AlfD ZOlflMG COIOIISSIOlf llDTIE or OCTOB81 &TB Tbe llayor aalr.ed tbat the ainutea be received and placed on file. 602-7 PROCDDlllGS or BOARD or CARUR SBRVICB COIOIISSIOlfBllS llUTllfG OP OCT<mBR 5, 1960 The llayor asked that the ainutea be received and placed on file. 602-36 1961 BUDGBT The llayor read a co111111nication fro• the Citizens Finance Committee which bad atudied the 1961 Buclset a• prepared and recommended to the City Council aad .. c1e independent reco ... nclation• a• to this Budget. Tbe llayor co ... nded tbe action of the co .. itt .. in thi• very difficult ta•&. Councilaan Kreilins au11 .. ted that the results of their study be listed and the Collllittee coa .. nded and diacharged. Discussion ensued. llayor Scott ausseated tbat a reaolution be drafted to commend the Committee, for adopt- ion at the next .. etin1. 602-50 Ordinance eatabliahin1 1961 levy Introduced aa a bill by Councilaan Woods A BILL 10R Alf OIU>IllA.:B PIXIJG TBB TAX LBVY llf MILLS UPOlf BACH DOLLAR OP TllB ASSDSBD YALUATIOX roa ALL TAXABLB PROPBRTY WITHllf THB CITY OP ElfGLBWOOD, COLORADO, 108 THI Y&AR 1960. WBBR&AS, it i• the duty of the City Council of the City of Englewood, Colorado, under tbe Charter of aaid City and the Statutes .of the State of Colorado, to aake tbe annual levy for City purposes for the year 1960, due and payable in 1961; and, WBBllAS, it i• neceaaar1 for an additional special levy to pay interest on water bonds iaaued aa a seneral obligation of the City of Englewood, Colorado; and, WBBllAS, it i• neceaaar, for an additional special levy to maintain tbe rire .. n'• Penaion Jund at a reaaonable level; and, WBBllAS, tbe CitJ Council a.. duly considered the estimated valuation of all of the taxable property within the City and the needs of the City for eacb of said levies, and baa deterained that the levies as hereinafter aet forth are proper and wiae: ROW TllBIBPORK, BB IT omMIDD BY THB CITY COUNCIL OP TllB CITY OP BJGLDOOD, COLORADO: Section 1. Tbat tbere be and there is hereby levied, for the year A.D. 1860, due and payable a• required by Statute in the year A.D. 1961, for aaid purpoaea a tax of 12.35 •ills on the dollar for the General Jund of the City of Bnglewood, Colorado; a special tax of .8 of a mill on the dollar for tbe Water Bond and Intereat Fund of said City; and a special tax of .3 of a •ill on the dollar for tbe Pire .. n's Pension Fund of said City upon each dollar of the aaaeaaed valuation of all taxable property within the corporate liaita of tbe City; and that tbe said levy shall be certified, aa by law required. Paaaed on First Reading bJ the City Council of the City of Englewood, Colorado, thi• l7tb day of October, A.D. 1960, and ordered published in full in tbe Baglewood Herald and Baterpriae. ll&yor ATTBST: was read for the firs I I I Minutes of October 17, 1960 COO.: ILllAK WOODS llOVKD, COONC ILllAK *=LBJ.I.AN SBCOKDBD, THAT THI PROP08D BILL BB PASSBD OK FIRST R&ADl1'G ARD ORDERED PUBLISHED IK FULL Ill THI DGLDOOD RSJl&J.D ARD BlfT&llPRISB. Upon tbe call of tbe roll, the vote resulted as follow•: AJ .. : Council .. n Braun, Brownewell, Kreiling, llartin, llcLellan, Woods, Scott. Kaye: Kone. Abeent: None. Tbe llayor declared the motion carried. AUTHORITY FOR LBGAL ACTIOK OK DELINQUENT BUSUfBSS LICElfSB PUS Tbe City Attorney reported that be bad received a memo from the City lllDaser relating to eeveral Business and Occupational License holders who were delinquent for the year 1960. He asked that the City Council authorize bi• to proceed with the collection of these license fees as be deemed neceeeary. lie outlined the .. an• available to him by law and by the ordi- nance. Tbe City Attorney stated that be would probably proceed by issuing a letter fro• bi• office then proceed with action in the Municipal Court or Juetice of Peace Court. Diecuaeion ensued. COUJfCILllAlf llARTIJf llOV&D, COUJfCILllAJf BRAUN SBCONDBD, THAT TBB CITY A'M'ORDY D AUTllORIUD TO PROC.DD WITH THB COLLBCTION ROii BUSIMBSSBS WHICH BAD KOT RDn&D TBBIR BVSllf&SS ARD OCCUPATIONAL LICEKSB FOR 1960 AllD AU DELlllQUDT IR TRIS UGARD, THROUGH ISSUAl«::E OP A COLLBCTIOlf l&ftBll TBmf PROC&KDlllG IJfTO llUJllCIPAL OR JUSTICE OP THB PBACE COURT AS DBBJIBD IOC&SSAaY OR J&)PBDl8Jn' BY TD CITY A'M'OIUfBY. Upon the call of the roll, tbe vote reeulted a• follow•: Ayee: Council .. n Braun, Brownewell, Kreiling, llartin, llcLellan, Woods, Scott. Nay•: lf0 ne. A been t : lfone . Tb• llayor declared the motion carried. llBLATllfG TO UlfPAID DAllAGB CLAlllS IN FAVOR OP TBB CITY Tb• City Attorney reported that be bad received a memorandum requesting collection of variou• da .. s• clai .. on behalf of the City of a varied nature. Be etated tbat ao .. are quite aaall but that tbe collection of tbese items .. Y repr .. ent a aatter of principle. Diecussion ensued. COUllCILllAJf BRAUJf llOV&D, COUJfCILllAJf MARTIN SBCONDBD, THAT THB CITY A'ITORlfn BB DIUCT&D TO ACT AS HI DODD ADVISABLE IN TBB COLLECTION OP TBB VARIOUS CLAlllS 111JUUD OVD TO BIS OFFICE BY THE CITY llANAGBR. Upon the call of the roll, the vote reeulted as follows: Aye•: Council .. n Braun, Brown.well, Kreiling, llartin, llcLellan, Woods, Scott. Nay•: None. Absent: None. Tbe llayor declared themotion carried. 602-39 PROPOSBD ~TIOlf OF CBXTBlfKIAL ACRBS 4TB PILING Tb• City Attorney reported that be bad prepared a bill for an ordinance for introduction at tbi• .. •tins for the annexation of Centennial Ace•• 4tb Filing. lie etated that the adwertia .. nt• a• provided by law bad been coa- p leted and that tbe period for counter-petition bad passed. The llayor aeked if tbe reco ... ndation from the Planning Commission, with regard to tbi• annexation, bad been received. The Acting City llanager etated that it bad not. Diecuaeion eneued. Mr. Harry Carleno, one of the circulator• of the petition for annexation was present and discussed the recent Supre .. Court decieion effecting City of Denver annexations. He ursed that if poeeible that the bill for an ordinance be considered at tbis ... tins. lie etated that further decieions by the Colorado Supre .. Court relatins to annexation .. Y affect tbe validity of this petition. Discussion eneued. llayor Sc ott expr••••d bi• reluctance to move in approval of the annexation until after receipt of the reco .. endation of the Planning Colllli••ion in tbia resard. lie eusseeted tbat the bill for an ordinance be paaaed with tbe clear underetandiJS that final passage would not be made until after tbe reco ... ndation fro• the Planning and Zoning Commission is received and tbrouably reviewed. 221 222 Minutes of October 17, 1960 Introduced a• a bill by Council11&D Brownewell A BILL l'OR Alf ORDIMAlfCB APPROVllfG THI AlflfKXATION OP THB PROPUTY lllUINAFT&B D8SCRIBm> TO THI CITY OP DGUWOOD, COLORADO, AND AlfMDllfG SAID DBSCRIBm> P&oPDTY TO TD CITY OP BJIGLIWCXI>, COLORADO, TO-WIT: ALL OP THAT POBTIOM OP SCTIOK 8, TOWDHIP 5 SOUTH, llAlfGB 68 WIST OP THI 6TH PRIJICIPAL lllRIDIAM THAT IS COlfTAIDD llf THI l'CLLOlllfG D&SCRIBBD BOONDARIBS: BBGIDllfG AT A POllfT Olf Tiii CllfTU LID OP SOUTH J'ID&RAL BOULBVARD, WHICH POINT IS Tiii MORTBWUT CORlfKR OP Tiii SOUTIWST QUARTBR OF SAID SBCTIOM 8, AND ALSO Tiii CBlfTU LID OF SAID S8CTIOlf 8; THIJICB KORTH 89° 46' 40" BAST ALOlfG THI HORTH LID OF SAID SOUTllBAST QUARTO OJ' SAID SBCTIOlf 8, A DISTAlfCB OJ' 857.2 FBBT TO A POINT, WHICH POINT 18 ON THI PUSBNT CITY LllllTS OF DGL&WOOD; TllllfCI SOUTH 07° 31' 10" W&ST 22.5 PUT TO A POINT 01' THI SOUTH LID o• COUMTY ~D lfUllBD l (W&ST UlflOlf AVllfU&), WHICH POIMT IS ALSO Tiii RORTDAST coma OP LOT l BLOCK 27 OF CBMTDlflAL ACR&S, FOORTH PILilfG; TDlfCI CONTllfUllfG SOUTH 076 31' 10" WBST ALOlfG THI WBST LINB OF SOUTH DBCA'nJR STRUT 1191.7 FUT TO Tiii NORTll&AST COIUl&R OP LOT 1 , BLOC IC 31 OP CDTBDIAL ACRBS, POORT& FILllfG; THKlfCB SOUTH 89° 43' 50" WBST 98.85 FUT TO Tiii RORTBWBST COlllfBR OF LAST SAID LOT l; TJl&lfC& SOUTH ooo 16' 10" BAST 120.0 FBBT TO THI SOUTHWUT COIUUR OF LAST SAID LOT 1, WHICH POINT IS 01' THI SOUTH LID OF THI NORTHWUT QUARTO OP THI SOUTHBAST QUARTBR OP SAID SBCTION 8; TllllfC& SOUTH 89043' 50" W&ST ALOllG SAID SOUTH LINB OF THI MORTBWBST QUARTBR OP TBB SOUTBBAST QUARTBR 600.0 PUT TO A POINT ON THB WBST LIMB OF TBB SOUTBBAST QUARTKR OF SAID S8CTIOI 8, WHICH POINT IS ALSO ON THE CBMTBR LIMB OP SOUTH l'DBRAL BOULBVARD; TllllfC& NORTH ooo 00' 00" WBST ALOMG TllB WBST LID OP Tiii SOUTllBAST QUART&a OJ' SAID SECTION 8, WHICH LIMB IS ALSO THB CBMTD LID OP SOUTH PBD&llAL BOULBVARD, A DISTANCE OP 1323.72 PBBT, llOBB OR LBSS, TO THB POINT OP BKGilflfl1'G, ARAPAHOE courrv, COLORADO. BB IT ORDAllf&D BY TD CITY COUNCIL OF THE CITY OF ElfGLBWOOD, COLORADO: Section l. That written petition was properly filed in accordance with statute witb the City Council of the City of Englewood, Colorado, propo•ing the annexation to •aid City of Englewood of the hereinafter described land, •ituate in the County of Arapahoe, State of Colorado, to-wit: All of tbat portion of Section 8, Township 5 South, Range 68 We•t of tbe 6th Principal Meridian that is contained in the following de•cribed boundarie•: Beginning at a point on the center line of South Federal Boulevard, which point i• the Northwest corner of the South- ea.t Quarter of •aid Section 8, and also the center of said Section 8; thence North 890 46' 40" .East along the North line of •aid Southea•t Quarter of said Section 8, a distance of 857.2 feet to a point, which point is on the present City Liait• of Bnglewood; thence South 010 31' 10" West 22.5 feet to a point on the South line of County Road Number l (West Union Avenue), which point is also the Northeast corner of Lot 1, Block 27 of Centennial Acres, Fourth Filing; thence continuing South 07° 31' 10 " West along the West line of South Decatur Street 1191.7 feet to the Northeast corner of Lot 16 Baiock 31 of Centennial Acres, Fourth Filing; thence South 89 43' 50" West 98.85 feet to the Northwest corner of last 8aid Lot l; thence South OOO 16' 10" East 120.0 feet to the Southwest corner of la•t said Lot l, which point is on the South line of the Northwest Quarter of ~the Southeast Quarter of said Section 8; thence South 890 43' 50" West along said South line of the Northwest Quarter of the South- east Quarter 600.0 feet to a point on the West line of the Southeast Quarter of •aid Section 8, which point is also on th3 center line of South Federal Boulevard; thence North 00 00' 00" We•t alons the West line of the Southeast Quarter of said Section 8, which line is also ehe center line .of South Federal Boulevard, a distance of 1323.72 feet, more or leas, to the point of be1inning, Arapahoe County, Colorado. Section 2. That aaid petition was signed by the owners of more than fifty percent (5()1) of the area of aucb territory, who also comprised a 11&jority of the landowner• r .. iding in the said territory at the time the petition was filed. Section 3. That aaid petition was in all respects in conformity with the provisions of Article 11, Chapter 139, Colozado Revised Statutes, 1953, aa A .. nded; that aaid petit•on wa• favorably considered by the City Council of said City of Englewood, conatituting the legislative body of the munici- pality to which said territory i• proposed to be annexed; that notice of the aubetance of the petition, the date of signing, the number of persons signing, a de•cription of the territory included in the proposed annexation, and a state .. nt tbat landowners of the area aaay express their opposition to the annexation and secure an election b1 complying with the provisions of Section 139-11-4, Colorado Revised Statutes, 1953, was published pursuant to statute. I I I I I Minutes of October 17, 1960 Section 4. That said bereinabove described parcel or parcels of property be, and they hereby are, declared annexed to the City of Englewood, Colorado, and are hereby aade a part of said City, pursuant to the provisions of Article ll, Chapter 139, Colorado Revised Statutes, 1953, as Amended. Passed on First Beadin1 by the City Council of the City of Englewood, Colorado, this 17th day of October, A.D. 1960, and ordered published in full in the Bn1lewood Herald and Enterprise. Jl&yor A'M'BST: was read for the COOMCILllAN BROWNDELL llOVBD, COOMCILllAN WOODS SECOMDBD, THAT THB PROPOSED BILL FOR AM ORDINANCE BB PASSBD ON FIRST READING AMD ORDERED PUBLISBBD IN FULL IN TBB EMGLBWOOD BK&ALD AMD BNTBllPRISB. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, Kreiling, Martin, llcLellan, Woods, Scott. Nays: None. Abaent: None. The Mayor declared the 11e>tion carried. ASSISTAMCB FOR THE CITY ATl'ORMBY The City Attorney diacuaaed with the City Council the fact tbat the Aaaiatant C J ty Attorney, Bill llyrick, waa a candidate for State Le1ialature. Tbe City Attorney stated that if llr. Myrick waa aucceasful be bad indicated the intention to retait tbe poaition a• Aasiatant City Attorney but would n .. d a aubatitute or replace .. nt durin1 those dates which be would be unable to aerve. Diacuaaion enaued. Tbe City Attorney stated tbat be was seeking autbority to appoint further Aaaiatant City Attorneys without pay, namely, the law partners of Bill llyrick. COOMCILllAN BRAUN llOVKD, COUMCILllAN BROWNDELL SBCOimBD, THAT llBSSRS. WILLIAM SlllTH AMD JOHlf A CRISWBLL, A'M'ORMEYS AT LAW, PARTMBRS OF llR. WILLIAM llY&ICK, ASSISTAJIT CITY A'M'ORDY, ALSO BB APPOIMTBD ASSISTART CITY A'M'ORKBYS WITIKXJT PAY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilaen Braun, Brownewell, Kreiling, Martin, llcLellan, Woods, Scott. Nay•: None. Abeent: None. Tbe llayor declared the motion carried. 602-12 DBPARTllBNTAL REPORTS Tbe Mayor asked that tbe reports be received and placed on file. 602-8 TREASURER'S REPORT FOR MONTH OF SBPTBllBER The City Clerk-Treasurer reviewed the Treasurer's Report with the Council, sbowin1 where the Water Department in various areas was becoming over expended due to tbe considerable construction under way. Tbe llayor asked that the report be received and placed on file. BNDORSBllBNT OF CONSTITUTIONAL AMBNDllBNT NO. 5 Councilman Woods, introduced the following resolution endorsin1 Consti- tutional A .. nd .. nt for County Local Option Sales Tax known as Amendaent No. 5: RESOLUTION WBBRBAS; there baa been placed upon the ballot for November 8, a proposed conatitutional a .. nd .. nt for tbe County Local Option Sales Tax known as A .. nd .. nt #5, and 223 Minute• of October 17, 1960 W&mlBAS; said constitutional a .. ndment provides that Colorado cities can recapture revenue produced therefrom within their respective boundaries, and WllKllAS; The Englewood 11o .. Rule Charter, two successive citizens budget co .. ittees, The Englewood City Council, The Inglewood City Administration, The Englewood Planning and Zoning Coamission, The Englewood Chamber of co ... rce as well as many individual citizens have urged that a substantial prograa of Public Improve .. nta be inaugurated, and WBBIBAS; such a Public laprove .. nt program in Englewood would bring for- ward -looking results in: paving, parks and recreation, library facilities, traffic flow and control installations; storm drainage, bridges, and public buildings, and WISIBAS; llany of our sister cities throughout the state, including the City of Denver have similar preaaing needs, varing only in degree; and WllBllBAS; such a revenue producing measure could bring a harmonious solution to the Metropolitan question, "How shall a city in the area be reimbursed for services and facilities rendered to citizens of another city", and WBB•BAS; such a tax, paid only when items other than food or drugs are purchased, would be a voluntary type of tax as distinguished from a man- datory kind such as an incoae tax (which might produce revenue for only one city), and WHBRBAS; such a tax would be relatively easy to administor and would pro- duce an adequate amount of revenue for the Public Improvement program that is necessary, and WllBRBAS; in addition to financing the Public Improvement program a substantial reduction in property and special taxes would result, and WISIBAS; a considerable portion of the revenue from such a tax would be paid in Englewood by non-reaidenta, and WllBRBAS; approval of aaend .. nt #5, provides that such a tax could not beco .. effective locally without the right of the citizens of Arapahoe County to vote on the queation, NOW TBBRBFORB BB IT RBSOLVBD; that theEnglewood City Council in official ••••ion this 17th Day of October, 1960, hereby endorses the County Local Option Sales Tax known aa a .. nd .. nt #5, and for the good and sufficient reasons enumerated heretofore, reapectfully asks its citizens to support tt•s proposal with their votes, and BB IT FURTHER RESOLVED THAT; should .this proposal finally become effec- tive in Arapahoe County, the Englewood City Council would recommend and work toward the following formula for use of the funds; one fourth of all revenues generated within Arapahoe County would be used totally for a county-wide reduction in property taxes. The remaining three fourths of the revenue generated in Englewood would be re-captured by tbe city with an additional one fourth of the original receipts used totally to reduce pro- perty and special taxes inside the city. The remaining portion, one half of the original receipts, would be utilized by the City of Englewood pri- aarily for Public Improve .. nta. Passed and adopted this 17th day of October, A.D. 1960. Mayor ATTEST: COUll:ILllAlf WOODS MOVBD, COUll:ILMAN BRAUN SECONDED, THAT THB RESOLUTION B& APPROVED AND ADOPTED BY TllB CITY COUNCIL. Upon tbe call of tbe roll, tbe vote resulted as follows: Ayes: Councilaen Braun, Brownewell, Kreiling, Martin, McLellan, Woods, Scott. Nays: None. I I I I Minutes of October 17, 1960 Absent: Mone. Tbe llayor declared the motion carried. Tbe llayor discussed tbe au11••tions with regard to uae of the sales tax to reduce general property taxe• aa being generally adopted but definite on tbe atate-wide baaia. lie requested that a copy of this resolution be forwarded to Sa• Luaky of White and White. ADJOURM COUlfCILllAM BRAUM llOVBD, COOJICILllAM WOODS SECOMDBD, THAT TllB llBBTilfG BK ADJOURMBD. Upon tbe call of the roll, the vote resulted as ~ollows: Ayes: Counc11 .. n Braun, Brownewell, Kreiling, Martin, llcLellan, Woods, Scott. Maya: Mone . Absent: Mone. The llayor declared the meeting adjourned at 12:40 A.M. /s/ B. o. Beausang City Clerk, Clerk of the Council Tbe ainutes of the meetin& of the City Council of the City of Englewood, Colorado, held on the 17th day of October, A.D. 1960, stand approved as written tbi• 7tb day of November, A.D. 1960. 225