HomeMy WebLinkAbout1959-04-06 (Regular) Meeting Minutes286
RBGULAR llBBT ING:
COUNCIL CHAllBBRS
CITY OP BNGLDoa>, COLORADO
APRIL 6, 1959
Tbe City Council of tbe City of Englewood, Arapahoe Count~, Colorado, .. t
in recular ••••ion OD Monday, April 6, 1959, in tbe Council Chambers, City Ball,
Bnglewood at tbe hour of 8:00 P.M.
Mayor Scott presiding, called tbemeeting to order and tbe invocation was
given by Reverend G. H. Underhill of the Mayflower Congr~gational Cburcb.
Tbe Mayor asked for roll call. Upon the call of ~be roll, tbe following
peraona were preaent:
Council .. n: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan,
Wooda and Scott.
Alao Present: Acting City Manager Lacy,
City Attorney Bach,
City Clerk Beauaang.
Abaen t : None.
Tbe Mayor declared a quorum preaent.
. MINUTES OP PREVIOUS MEETINGS
COOll:ILllAN BILL MOVBD, COONCILllAN ll:LBLLAN SBCONDBD, THAT THB MINUTES OF
TRB llBBTIMGS OP llARCH 2, llARCH 16, AID llARCR 30, 1959 BB APPROVED AS DITTO.
Upon the call of the roll, the vote resulted as follows:
Ayea: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods and Scott.
Naya: None.
Abaent : None.
The llayor declared the motion carried.
PUBL'.IC HBARING ON PROPOSBD ANMBXATION SOUTHWEST OF ENGLEWoa>
COUll:ILllAN GRAllAll MOVm>, COONCILILUI Woa>S SECONDED, TOT THB PUBLIC BBAR-
llfG BB OP:&lfBD. Upon the call of the roll, the vote resulted as follows:
Ayea: Councilmen Braun, Brownewell, Martin, Graham, Bill, Kreiling,
McLellan, Woods and Scott.
Nays: None.
Abaent: None.
The llayor declared the public bearing opened and asked that those preaent be
brief in their presentations so that all could be beard.
Mr. George o. Bakke, Attorney, spoke for residents and owners of land
adjacent to tbe proposed annexation. He stated that in bis opinion that the
petition is legally inadequate and that the map was prepared to prohibit opposi-
tion by excluding land owned by those opposing annexation. Be c reported that
parts of tbe land included in the proposed annexation is restricted by deed
covenants to residential usage and may not be used for industrial usage. Be
asked Mr. Kendall R. Stobn, 1530 Tufts Avenue, circulator of a petition sub-
aitted by adjacent property owners in opposition to the annexztion; Mrs.
Bazel B. DeLonge, 1909 West Stanford Avenue; Mr. Frederic J. Rice, 2100 West
Layton Avenue; and Paul B. Whitaker, 3330 South Logan to speak to the Council
giving the following reasons for their opposition: encircles and encroaches
upon their land; would rather be in County; cuts off access to Littleton;
cannot be served utilitiea by Englewood; do not want any more government; and
petition not properly explained to owners when circulated.
The City Clerk read a letter from Mr. and Mrs. Robert A. Morrow, 4727
South Pecos Street, requesting that their signatures be withdrawn from the
petition. Mr. Bakke reported that, although law did not provide for tbe
withdrawing of a signature from a petition, that be bad advised the Morrows
to aake such an attempt due to the fraud that may be preaent in tbia annexa-
tion effort.
Mr. Harry Carleno spoke for the petition stating that the signers of
the petition did believe that there would be an advantage to annexation to
Englewood in reduced fire insurance premium rates, Englewood water and sewer
service, and eapbaaized that they lived in the area and wanted to be annexed.
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llr. Henry c. Ba yes, 1590 Weat Tufts Avenue stated that bis property would
be aurrounded on three sides and that some of the signers of the petition were
forced to do so by a City official. The Mayor informed those present that llr.
Dale B. Rea is not an official of the City but a consulting engineer hired by
tbe City on different occasions.
llr. Bakke au1111arized in that the fair way to determine the question would
be to call for an election of all the parties concerned.
llr. Carleno stated that such a proposed election is not in accordance
with the Statutes and that moat of the owners are non-residents. Those out-
•ide of the area under conaideration have no rights in the naa~ter under State
Law.
The Actin1 City Manager reported that he bad received a telephone call on
April 8, 1959 at 2:20 P.M. fro• llr. Dale Rea stating that be owns land immed-
iately Morth of the Littleton Sewer Plant and included in the proposed anneza-
tion which the City of Littleton aay wish to buy and that be reserved the right
to withdraw tbia land from the City of Englewood upon such sale. The Mayor
atated that be believed an arrange .. nt could be made between the two cities.
COUll:ILllAlf GRAllAll MOVBD, COUll::ILllAM BRAUM SECONDED, THAT THE PUBLIC BBAR-
IIG BB CLOSBD. Upon the call of the roll, the vote resulted as follows:
Ayea: Council .. n Braun, Brownewell, Martin, Graham, Bill, Kreiling,
llcLellan, Wooda and Scott.
Kaya: Mone.
At.ent : Mone.
Tbe Mayor declared that the public bearing was closed and asked if the Council•
.. n bad queationa to ask thoae pr .. ent.
Council .. n Braun and llcLellan asked questions of Messrs. Rice and Whitaker,
and llr. ea, .. r .. pectively. Diacuaaion enaued.
Tb• llayor thanked all of tbe. persona present for their thoughts on the
qu .. tion.
AIOIUAL AUDIT POR TRB YUH BMDIMG DECBJIBBR 31, 1958
llr. Walter Azbill of Leali• Whittemore and Coapany, Auditors, presented
copi• of the ''City of Kn1lewood, Colorado Audit, ••Deceaber 31, 1958" to tbe
Council. Be aaked what tbe pleaaure of the Council was witb re1ard to tbe
audit. The llayor aaked if it would be convenient for Mr. Azbill to ... t witb
tbe Council on llonday, May 4, 1959 to discuss the audit after the Council baa
a chance to study tbe docu .. nt. llr. Azbill agreed to meet witb the Council
on tbat date.
COUll:ILllAlf BRAUM MOVBD, COOKCILllAlf BILL SECOMDBD, THAT TD .utnJAL AUDIT
P<Jl 1958 BB REBIVBD AllD THAT TD UPORT BB DISCUSSED Olf llAY 4, 1959 AS A
PRKICB.oULm> llATl'BR Olf TBB AGKIDA. Upon the call of tbe roll, the vote re-
aulted aa followa:
Ay .. : Council .. n Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Wooda and Scott.
Nays : None.
Abaent: lfone.
Tbe llayor declared tbe motion carried.
PIMAll:IAL RBPORTS Pml llOMTB ENDING PBBRUARY 28, 1959
COUii:: !LIU.If BILL.' ,JIOVBD, COUii:: ILllAlf BRAUN SBCOMDBD, THAT THB PINAJI: IAL ST ATE-
Ulft'S POil TBB llOlft'll OP PBBRUARY 1959 BE ACCEPl'BD AND PLACBD Olf PILE. Upon the
call of tbe roll, the vote resulted as follows:
Ayes: Council .. n Braun, Brownewell, Martin, Graham, Bill, Kreiling,
McLellan, Woodll and Scott.
Rays: None.
Abaen t : None.
The llayor declared the motion carried.
QUARTULY RBPORT OP PCLICB CALLS TO LIQUOR OtrrLBTS, llONTBLY P<LICB RBPORT ill>
llOITllLY PIU RDORT POR llARCH, 1959
Tbe Acting City llanager reported an incident of teenage drunkenness wbicb
did not abow on tbe police report. Councilman Graham asked that tbe City
Manager co ... nd tbe Police Depart .. nt for its alertness in this recent inci--
dent involving selling of liquor to underage persons.
COU.:ILIWI GRABAll llOVD, COO.:ILIWf BRAUM S~OIDBD, THAT TRB CITY COOEIL
ACCBPI' AID PLJCB OM PILB TD QUARTDLY RKPCllT OP POLICB CALLS TO LIQUCll otrrLBTS,
TRB QUARTBRLY POLICB AID PIRB RKP<llTS. Upon tbe call of tbe roll, tbe vote re-
•ul•ed4l U follows:
Aye•: Council .. n Braun, Brownewell, Martin, Graham, Hill, Kreiling,
llcLellan, Wooda and Scott.
lfaya: lfone.
Ament : :None.
Tbe llayor declared tbe motion carried.
llllfUTBS OP BOARD OP ADJUSTllDT AND APPBALS AID OP THE PLADIJfG AID ZOKl1'G COM-
1118810M
Tbe Acting City llanager reported that these minutes were presented for
infor .. tion only and required no action.
APPLICATIOlf POR AllUSBllBMT IUCHilfB LICDSB
Tbe City Clerk read an application for Amusement Machine License by llary
Meyer and Myrtle Wagner, 3435 South Lincoln Street, for a ausic machine located
at 16 Bast Girard Avenue.
Councilll&D Grabaa reaarked that tbe applications for Aausaaent llacbine.
License often were spotty and incoaplete not including all machines at a
given location, and the entorce .. nt of this license as well as of tbe Business
and Occupational Licens .. , was not adequate. The City Clerk reported tbat
steps .would be taken to iaprove enforcement.
COUEILllAlf BRAUM llOVBD, coo.:ILllAM MARTIN S~ONDBD, THAT TBB APPLICA-
TIOlf BY llARY llBYBR AID llYRTLB WAGKBR POR A MUSIC IUCHilfB AT 16 BAST GIRARD
AVBJIUB BB GRANTBD. Upon the call of the roll, the vote resulted as follows:
AJe•: Council .. n Braun, Brownewell, Martin, Graham, Hill, Kreiling,
llcLellan, Woods and Scott.
Nays: None.
Absent : None.
The Mayor declared the motion carried.
PROPOSBD JOINT SCHOOL-CITY SURVBY OF RECREATIONAL RBBDS
Councilman Woods reported that a recent meeting of a Joint School-City
Coaaittee the question of a survey of recreational needs was considered. This
survey would be coapleted by the Bureau of Bducation Research, University of
Denver at an eati .. ted coat of $2,400 to $2,700. This cost would be borne
equally by the City and School Board. The Englewood Recreation Council bad
offered to make available $200.00 of its funds to help offset the City's share
of tbe coat. Discussion ensued. The Acting City Manager reported that this
study would concern itaelf witb the needs and desires of tbe area rather than
witb tbe physical plant only. He urged that tbe Council favorably consider
tbe aurvey, as the proposed llaater Plan would not include tbe inforaation to
be received tbrou1b such a survey.
Councilman Grabaa spoke urging the expenditure of the money for current
park needs rather than for a atudy that would confirm known inadequacies.
Discussion ensued. Council .. n llcLellan, Kreiling, Martin and Woods spoke
further in favor of tbe survey.
COU.:ILllAX Woa>S MOVBD, COU.:ILllAM ll::LELLAN S~ONDBD TOI' TRB PROPOSAL
OP TBB BUUAU OP BDUCATIOMAL RBB&ARCH OF THB UNIVBRSITY OP D:UVBR FOR A U-
CllBATIOXAL l'JCILITY MUD BB APPROVBD AT AN ESTillATBD lfBT COST TO TBB CITY OP
$1,100 TO $1,250. Discuaaion ensued. The llayor remarked tbat tbe po88ib11liy
existed tbat tbe Greater Bnglewodd Foundation may reimburse the City for its
share. The Mayor stated that if further questions exist, be would reco ... nd
tabling.
cou.:ILllAM GRAllAll llOVBD, COOlfCILllAM BRAUN S~OlfDBD, THAT TBB llATl'BR BB
TABLID. Upon tbe call of the roll, the vote resulted as follows:
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Ayes: Councilmen Braun, Brownewell, Graham, Hill and Scott.
Maya: Councilmen Martin, Kreiling, McLellan and Woods.
Absent: None.
The Mayor declared the motion carried and the matter tabled.
COIOIUXICATION FROll CHAllBBR OF COIOIBRCE RBLATING TO ACQUISITION
OF PARK LAND
Tbe Mayor read a letter fro• the Chamber of Commerce urging the pro-
po•ed acquisition of the park land in the Belleview area. Receipt of tbe
letter was acknowledged.
BUILDING DBPARTllBMT RBPORT FOR QUARTER EMDING llARCB 81, 1959
The report was accepted and placed on file with a co ... ndation of
Councilman Braun that the depart .. nt was doing a good job •
. RBCBSS
Tbe llayor declared a rece•• of the Council until 10:10 P.K.
RUOLtrrION ACTIVATllfG BlfGLDoa> CARBBR SBRVICB
Tbe City Clerk read in full the following resolution activating Section
15 of the City Charter re1ardin1 the Bnglewood Career Service:
RUOLtrrlON
BB IT RBSOLVBD BY TD CITY COUNCIL OP THB CITY OP ENGLBWOCI>, COLO-
RADO, tbia 6th day of April, 1959, purauant to the provisiona of Article XVI
of the Charter of the City of En1lewood, duly adopted by the voters on July 8,
1958, that Sectiona 137 throu1h 139 of Article XV be and hereby are designated
by this resolution as effective and operative from and after the passage of
thi• resolution.
COOll:ILIL\1' BRAUN llOVBD, COUll:ILllAN IELBLLAN SBCOJU>BD, THAT THB RBSOLtrrION
BB ADOPl'BD. Upon the call of the roll, the vote resulted as follows:
Ayee: Council11en Braun, Brownewell, Martin, Graham, Bill, Kreiling,
llcLellan, Woods and Scott.
Nays: None.
Absent: Jfone.
The Mayor declared the motion carried.
A BILL
PCB A1' ORDIKAltCB CRBATllfG A BOARD 01' CAR.BBB SBRVICB COIOIISSIOJIBRS; PROVmIBG
l'CB TD APPOl1'TDJIT 01' SAID BOARD; CRBATING TllB BlfGLDoa> CARSO SBRVICB SYSTD;
AID Alrl'BORIZlllG TB& SAID BOARD TO lllPLBllBMT TH.IC SYSTD WITH APPROPRIATI RULi&
AID UGULATIOD, PURSUANT TO TB& PROVISIONS OF ARTICLB XV OP TD CBARTIR OF
TRB CITY OF BlfGLBWOCI>, COLOR.ADO.
BB IT ORDAINBI> BY THB CITY COUNCIL OP THB CITY OF BNGLDOCI>,
COLORADO:
Section l. There i• hereby created a Board of Career Service
Coaaissioners ot the City of Bn1lewood, Colorado, which said Board shall con-
•i•t of three (3) qualified electors sympathetic with the intent and purposes
set forth in Article ~V of the Charter of the City of Englewood, Colorado.
One aeaber of said Board shall be appointed by the City Council for a tera of
two years, be1innin1 June l, 1959; one member for a term of four years, begin-
nin1 •une 1, 1959; and one member for a term of six years, beginning June 1,
1959. Thereafter, each Commissioner shall be appointed for a term of six
years. Keabera of the Board of Career Service Commissioners shall bold no
other appointive or elective municipal office during their tenure on the
Board of Career Service Comaaiaaioners.
Section 2. The Board of Career Service Commissioners of the City
of Bn1lewood, Colorado, shall submit to the City Council a Career Service
Systea eabodying the principles •et forth in Section 138 of Article ZV of
the Charter of the City of Bn1lewood, Colorado.
Section 3. The Bnglewood Career Service System shall be implemented
by passage ot an ordinance creating said System, and the Board of Career Service
co .. issioners shall implement the System with appropriate rules and regulations
as authorized by the enabling ordinance.
~ Passed on Fir•t Readin1 by the City Council of the City of Bn1le-
wood, Colorado, this 6th day of April, A.D. 1959, and ordered published in
full in the Englewood Herald and Bnterpriae.
llayor
was read for the
COUMC ILllAN ll::LBJ.J.Alf llOVBD, COUNCILMAN BRAUN SECONDED, THAT TBB BILL BB
PASSED 01' FIRST READING AND ORDERED PUBLISHED IN FULL IN THB DGLBWoa>
HBRALD AND BMTBRPRISB. The llayor asked the City Attorney if the Council ex-
ercised control over the decisions of the Commissioners. Tbe City Attorney
discussed the question and stated that there was no definite provision for
tbe review of the actions of the Commission by the Council. Discussion
ensued.
Councilman Graham asked if the bill under consideration at this time
aay not be considered as the enabling ordinance whereby in addition to es-
tablishing the Commission the Council is determining the rules and regulations
under which the Commission shall work. Discussion ensued. Tbe llayor co ... nted
that when the Charter is not clear, that any ordinances passed pursuant to the
Charter must be doubly clear.
The City Attorney recoamended that Section three be amended to clarify
this bill for an ordinance.
COUJfCILllAN GRAllAll llOVBD, COUNCILMAN WOODS SECOJfDED, THAT SBCTION 3 OP
TBB PROPOSED BILL BB AllBMDBD TO RBAD:
"Section 3. The Bn1lewood Career s~rvice System sball be implemented
by passage of an ordinance creating said System, and tbe Board of Career
Service co .. issioners shall iaplement the System with appropriate rules
and regulations as authorized from time to time by subsequent enabling
ordinances."
Upon the call of the roll, the vote on the amendment was as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreilin1,
llcLellan, Woods and Scott.
Nays: None.
Absent: None.
The llayor declared the amendment carried.
The llayor called for the vote on the bill as amended. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Br•un, Brownewell, Martin, Graham, Hill, Kreiling,
llcLellan, Woods and Scott.
Nays: None.
Absent: None.
Tbe llayor declared the aotion carried.
Councilman llcLellan suggested several persons for appointment of
co .. issioners on June l. Di•cu•sion ensued. The Mayor suggested a
Citizena Comaittee to study tbe rules and regulations under wbicb tbe
Career Systea may be activated. Discussion ensued. The llayor stated
that tbe advantaae of the collllittee proposal would be tbat tbe meabers
could be observed prior to the actual appointment of tbree coamisaionera
fro• the co .. ittee. Councilaen McLellan spoke against tbe committee
approach due to tbe lack of time, and suggested that eacb Councilman pre-
sent tbe na11ea of two persona for consideration as Co•mi•aioners.
Tbe Mayor asked for an informal poll of
of procedure in selecting the Coamissioners.
aeaber• favored the Co11111ittee approach while
appoint11ent.
the Council as to tbe method
The Clerk reported that 5
only 4 favored the direct
The City Attorney asked the Council if it wished to change the
date of June 1 for appointment of members. Discussion ensued. Council-
aan llcLellan urged that no further delay be encouraged in tbe appointment
of the Comaisaion so that the matter will not be an election issue.
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COUNCILllAll BRAUN CH~GED HIS PREFERENCE FROM THE COIOllTTBB APPROACH
TO THB DIRBCT APPOINTMENT APPROACH TO THE FORMATION OF TRB COMllISSIOK.
The Mayor stated that the Council will discuss this matter further at
later meetings so that the appointment of the three Commissioners may be
made on or before June 1.
A BILL
FOR AN ORDIKANCE APPROVING THE WHOLE COST OF THE IMPROVEllBNTS llADB IN AND
FOR PAVING DISTRICT NO. 8, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVIKG
AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOI' OR TRACT OF LAND
IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST BACH LOI' OR TRACT
OP LARD IN THE DISTRICT; AND PRE:~RIBING THE MANNER FOR THE COLLICTION AM>
PAYJIBNT OF SAID ASSESSMENTS.
WHEREAS, there has been compliance with all the provisionav of
law relating to the construction of paving improvements in Paving District
No. 8 in the City of Englewood, Colorado, created pursuant to Ordinance
Ko. 16, Series of 1958, linally adopted and approved the 2nd day of June,
1958; and
WHEREAS, the time for filing with the City Clerk of the City
of Englewood complaints or objections to the proceedings of the City Council
bas elapsed; and
WHEREAS, there were no written complaints or objections to the
proceedings of the City Council in the matter of apportionment and assess-
ment against each lot or tract of land in the district; and
WHEREAS, from the statement made and filed with the City Council,
it appears that the whole cost of said improvements is the sum of $165,482.71,
of which amount the City of Englewood will pay $63,680.82, leaving $201,801.89
to be assessed against the real property in said District, said amount in-
cluding coata of inspection, collection and other incidentals and also in-
cluding interest as allowed by law; and
WHEREAS, from said statement it also appears that the City
Council has apportioned a share of the said whole cost to each lot or
tract of land in said District, in accordance with the benefits to be de-
rived by said property and in the proportions and amounts severally set
forth in a Resolution adopted by the City Council on the 2nd day of March,
1959, and in a public notice, published in The Englewood Herald and Enter-
prise on llarcb 5, •arch 12, March 19 and March 26, which Resolution and
notice are by reference made a part hereof;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP BKGLBWOCI>,
COLORADO:
Section 1. That the whole cost and apportionment of the same,
as set forth in said Resolution and Notice is hereby approved and con-
f ir11ed, and said apportionment is hereby declared to be in accordance with
the benefits which the property in said District will receive by reason of
the construction of said improvements, and a share of said cost is hereby
aaaeaaed to and upon each lot or tract of land within the District in the
proportions and amounts set forth in said Resolution and Notice.
Section 2. That said assessments shall be due and payable at
the office of the City Treasurer, within thirty days after the final pub-
lication of this Ordinance, without demand; provided that all such assesa-
aenta may, at the election of the owner, be paid in installments, with in-
tereat as hereinafter provided. Failure to pay the whole assessment with-
in •aid period of thirty days shall be conclusively considered and held
an election on the part of all persons interested, whether under disability
or othenriae, to pay in such installments. In case of such election to pay
in inatall11ents, the assessments shall be payable at the office of the
County Treasurer of Arapahoe County, Colorado, in ten (10) equal annual
inata11 .. nta of principal, the first of which installments of principal
shall be due and payable on or before the lat day of August, 1959, and the
re11ainder of said install11ents shall be due and payable successively on
or before the same day in each year thereafter, until paid in full, with
intereat in all case• on the unpaid principal at the rate of six per centu•
(61) per annua, payable annually at the time of paying installment• of
principal. Failure to pay any installment, whether of principal or interest,
when due, shall cause the whole of the unpaid principal to becoae due and
payable i1mediately, and the whole amount of the unpaid principal and
accrued interest shall thereafter draw interest at the rate of one per centua
(11) per 110nth, or fraction of a month, until the date of tax sale, as by
law provided, but at any time prior to the date of the sale, any owner may
pay the a110unt of all unpaid installments with interest at one per centua
per 110ntb or fraction of a month upon all delinquent install .. nta, and all
penaltiea accrued, and shall thereupon be restored to the right thereafter
to pay in inatall11ents in the same manner as if default had not been suffered.
292
The owner of any property not in default as to any installment or payment,
aay, at any ti .. , pay the whole of the unpaid principal with accrued in-
tereat to the aaturity of the next installment of interest or principal.
Pay .. nta aay be aade to the City Treasurer at any time within iUMl»--, days
After the final P1Jblication of this Ordinance, and an allowance of five
per centua (51) will be made on all payments made during such period,
but not thereafter. Immediately after the expiration of said thirty day
period, said aaaesaaents shall be certified to tbe County Treasurer of
Arapahoe County, Colorado, for collection, as provided by law.
Section 3. This Ordinance, after its final paasage, shall be
recorded ~in the City Ordinance Book kept for that purpose, shall be
authenticated by the aignature of tbe Mayor and City Clerk, and shall be
published in the Bn1lewood Herald and Enterprise, a newspaper of general
circulation publiahed in said City, shall take effect and be in force
upon the expiration of thirty days after it is so published, and shall be
and reaain irrepealable until the assessments hereby made shall be paid
in full.
Itn'R<J>UCBD AID RBAD Thia 6th day of April, 1959.
Jli.yor
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was read for the
COUlfCILllAlf BILL MOVED, COUNCILMAN BROWMEWELL,SBCOJO>BD, THAT THB BILL
BB PASSBD ON l'IRST RBADIMG AND ORDERED PUBLISHED IN l'ULL IN TD DGLBWOCI>
BBRALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
llcLellan, Woods and Scott.
Nays: None.
Absent : None •
The llayor declared the motion carried.
A BILL
FOR AN ORDINAlfCE AllBIU>ING ORDINAICE NO. 14, SERIBS OF 1957, ENTITLED ''THB
SUBDIVISION REGULATIONS FOR ENGLDO<I>, COLORADO," BY DBLBTllfG TBBRBFROll
SBCTION 5 OF ARTICLE I AJU> SUBSTITUTING THBRBFOR A NEW SBCTION 5, Etn'ITLBD
"CONFORMITY WITH REGULATIONS."
BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLBWOCI>,
COLORADO"
Sect~on 1. Ordinance No. 14, Series of 1957, of the ordinances
of the City of Inglewood, Colorado, entitled "The Subdivision Regulations
of Englewood, Colorado," is hereby amended by deleting therefrom Section 5
of Article I and substituting therefor a new Section 5 of Article I, which
shall read as follows:
"Section 5. CONFORMITY WITH REGULATIONS
"a. Subdivision Reiuired. The division of land
within the City ofnglewood into two or more lots,
tracts, sites or parcels, any one of which bas an
area of less than three acres, must be accomplished
by the filing and acceptance of a plat as specified
within this ordinance.
"b. Prerequisite to Sale and Deed. No person firm,
corporation or other entity shall sell, exchange or
offer for sale or purchase any parcel of land which
is required to be subdfvtded under provisions of
this ordinance nor shall any person, firm, corpora-
tion or other entity offer for recording any deed
conveying sucb a parcel of land or interest therein,
unless be shall have made or caused to have made a
plat thereof, which plat shall be recorded i.efore
or at the same time such sale, exchange, or pur-
chase is effected and shall be in accordance with
all of the requirements of this ordinance.
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"c. Exception. A parcel of land within the City of
Englewood may be sold, exchanged or offered for sale
or purchased, and a building permit may be issued
for construction on same without further subdivision
of said parcel only if it complies with ALL of the
following requirements:
(1) Meets area, frontage and all other
requirements of the zone district
in which it is located.
(2) No further dedication of publie
right-of-way or utility or drainage
easements is required.
(3) No special agreement such as well-
water usage or construction over
a utility line or other special
agreement is necessary.
(4) Leaves any remaining unimproved
adjacent land so that it, also, can
be parceled into building sites
which comply with zone district
requirements.
(5) No more than four (4) building sites
can be situated within the undeveloped
area, regardless of ownership, from
which the parcel to be used is
allocated."
Passed on First Reading by the City Council of the City of
Englewood, Colorado, this 6th day of April, A.D. 1959, and ordered published
in full in the Englewood Herald and Enterprise.
118.yor
was read for the
C~ILllAM BROWNDELL llOVBD, COUNCILMAN IK:LBLLAN SBCOIDBD, THAT TRB
BILL BB PASSBD ON FIRST READING AMI> ORDBRBD PUBLISHED 11' FULL IN TBB
BNGLBWom> HERALD AND ENTBRPRISB. Upon the call of the roll, the vote re-
sulted as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
llcLellan, Woods and Scott.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
PROPOSED ANNEXATION SOUTHWEST OF CITY
The City Attorney submitted the opinion to the Council that no one
11&y be permitted to withdraw bis signature from a petition after its pre-
sentation to the Council. Upon the filing of a valid counter petition, the
court may order an election to determine the question of annexation but
there bas been no such petition in the case at band.
COUICILllAX BRAUN llOVSD, COUNCILMAN MARTIN SECONDED, THAT THE PETITION
POR ANNBXATION BB ACCBPl'BD AND THAT A BILL FOR AN ORDINAlfCB BB PREPARED
ANNBXING THE LAND TO BNGLEWO<I>. Upon the call of the roll, the vote result-
ed as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
llcLellan, Woods and Scott.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
A BILL
Fell Alf ORDINA!CB APPROVING THB AlflfBXATION OF THB PROPBRTY BERBINAFTER DBS-
CRIBBD TO TBB CITY OF BlfGLBWO<J>, COLORADO, AMI> AlflfBXING SAID DBSCRIBBD
PROPKRTY TO TBB CITY OP BlfGLDOCI>, COLORADO, TO-WIT: ALL OF THAT PCllTIOif
OF SBCTIOifS 8 AND 9, TOIIf8BIP 5 801JTH, RANGB 88 WBST OF THE 8TB "r.'.PRilfCIPAL
llBRIDIAif, THAT I8 COJfl'AilfBD IR TBB FOLLOIIlfG DISCRIBBD BOWO>ARIB8: BBGIN-
KillG AT A POIJfl' ON THB NORTH LID OF TBB SOOTH OD-HALF OF TBB lfORTBWBST
QUARTBR OP SBCTION 9, TOl1'8BIP 5 Sotrl'B, RAlfGB 68 WBST OF TBB 6TB ~PRilfCIPAL
DRIDIAN, WHICH POIJfl' 18 2211.8 PBKT BAST OP THB NORTBWl8T CORlfBR OF SAID
SOUl'll OD-HALF OF SAID NORTBWaT QUARTER, AMI> ON TBB WISTBRLY RIGRT-OP-
WAY LllfB OF U. S. HIGHWAY 85; TBB-=B SOtn'R J.1 DBGRDS 43 llllfUTB8 WBST
ALOlfG SAID RIGHT-OP-WAY LllfB 481.8 FBBT TO A POIJfl', WHICH POIJfl' 18 TRI
TRUB POIJfl' OF BBGilflfING; TBB!l:I NORTH 84 DBGRBBS 59 llINUTB8 WIST 508.19
FBBT; TBB!l:B 8otrrll 10 DBGRDS 47 llilfUTBS WBST 507.65 nsr, llORB OR LB88,
TO TBB NORTH LINB OP COUITY ROAD NO. 9 (BROWN ROAD); TllBICB KORTH 87
DERBBS 53 llINUTBS WBST ALONG THB NORTH LINB OF SAID ROAD, 204.3 FBBT;
TBB-=B Sotrl'B 82 DBGRDS 55 llINUTBS WEST ALONG TBB NORTH LINB OF SAID ROAD
434.88 FBBT; m&KICI SOUTH 83 DIGRBBS 3 llilfUTBS WBST ALONG TBB NORTH LilfB
OF SAID ROAD 80.85 FBBT; TllB!l:B NORTH 24 DBGRBBS 49 MllfUTBS WBST 503.03
FBBT; THB!tCB lotn'll 83 DBGRBBS 3 llllfUTBS WEST 262.31 FBBT; TBBlfCB SOtn'B
4 DBGRBBS 50 llllfUTBS BAST 309.5 FBBT; THENCE SOUTH 21 DBGRBBS 45 llINUTBS
BAST ALONG TBB CBJfl'ER LilfB OF PETERSBURG DITCH 190.1 FBBT, KORB OR LESS,
TO THB lfORTB LilfB OF COutn'Y ROAD NO. 1 (BROWN ROAD); THENCE S01JTB 57
DmGRSBS 42 llilfUTBS WEST 41.57 FBBT TO THB lllDDLB OF THE SOUTH PLATTE
RIVBR; T~B SotrrllWBSTBRLY TO THE SOtn'HEAST CORlfBR OF THE NORTHBAST
QUARTER OF SECTION 8, TOWNSHIP 5 SOtn'R, RANGE 68 WBST OF THE &TR PRINCIPAL
llBRIDIAN; T~B WEST ALONG THE SOUTH LilfB OF SAID NORTHEAST QUARTER OF
SAID 8Ki'ION 8 TO A POINT ON SAID SOUTH LINE WHICH IS 789 PBBT BAST OF
THE SOUTHWEST CORlfBR OF THE SOUTHEAST QUARTER OF THE NORTHBAST QUARTER OF
SAID SETWlf 8; THENCE SOUTH 00 DECREES 8 MllfUTBS BAST 35 FBBT; THBNCB
NORTH 89 DBGRBBS 52 MllfUTBS BAST 206 FEBT; THENCE SOtrrH 00 DBGRBBS 8
llilfUTIS BAST 1287.2 FBBT TO THE SOUTH LINE OF THB NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 8; THBNCB BAST ALONG SAID SOtrrH
LIME OF SAID NORTHEAST QUARTER OF SAID SOtrrHEAST QUARTER 341.7 FEET TO
TRB SOtrrBEAST CORlfBR OF SAID NORTHEAST QUARTER OF THE SOUTHBAST QUARTER
OF SAID SECTION 8; THENCE SOUTH ALONG THE BAST LINE OF SAID SECTION 8
TO A POINT 594 FBBT NORTH OF THE SOtrrHEAST CORlfBR OF SAID SECTION 8;
TBBlfCB NORTH 89 DBGRBBS 59 llllfUTBS BAST 565.9 FBET TO TBB PROPERTY
CORlfBR IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTIOlf 9,
TOlflfSBIP 5 SOtrrB, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; TBBlfCB
NORTH 00 DBGRBBS 8 MilfUTBS BAST 1206.6 FBBT; THENCE NORTH 27 DEGREES
10 llllfUTBS BAST 144.60 FBBT TO et:OPERTY CORNER; THENCB SOUTH 85 DBGRBBS
00 llllfUTBS BAST ALONG THE NORTH LINE OF TRACTS OF LAND 988.0 FBBT TO
THB WESTERLY RIGHT-OF-WAY LINE OF U. S. HIGHWAY 85; THElfCB ON A SOUTH-
EASTERLY COURSE 468 FEET, MORE OR LESS, TO NORTHWEST TRACT CORKER Olf
THE EASTERLY BOUNDARY LilfB OF THE ATCHISON, TOPEKA AND SANTA FE RAIL-
WAY RIGHT-OF-WAY, SAID NORTHWEST TRACT CORlfBR BEING LOCATBD 83Q FBBT
soure AND 551.25 FBBT WEST OF THE NORTHEAST CORNER OF THB SOUTBWBST
QUARTER OF SAID SBCTION 9; THENCE BAST 551.25 FBBT TO THE BAST LINE
OF THB SOUTHWEST QUARTER OF SAID SECTION 9;THENCB NORTH ALONG THE BAST
LINE OF SAID SOUTHWEST QUARTER OF SAID SECTION 9, TO A POIJfl' AT WHICH
SAID BAST LilfB OF SAID SotrrHWBST QUARTER INTERSECTS WITH THE CBJfl'BR
LilfB OF WBST LAYTON AVBlfUE, BXTBNDBD; THENCE BAST ALONG THE CUTER LIME
OF WBST LAYTON AVBlfUB TO A POINT ON THE CENTER LilfB OF WBST LAYTON AVElfUE
BXTBNDBD WHICH INTBRSIX:TS WITH THE EASTERLY RIGHT-OF-WAY LilfB OF CITY
DITCH; THENCE NORTHERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID CITY
DITCH, WRICH LilfB IS ALSO THB PRBSBNT CITY LIMITS OF THE CITY OF BlfGLE-
Woa>, TO A POIJfl' AT WHICH SAID EASTERLY RIGHT-OF-WAY LINE OF CITY DITCH
IMTBRSBCTS WITH THE WEST LilfB OF Laf 44, BELL ISLE GARDBlfS; THENCE NORTH
ALONG THB WEST LINE OF SAID Lar 44 TO A POINT, AT WHICH SAID WEST LilfB OF
Lor 44 BXTBMDBD INTERSECTS WITH THB SOtn'H LilfB OF THB NORTH OlfB-llALF OF
TBB NORTHEAST QUARTER OF SAID SECTION 9; THENCE WEST ALONG THB !'OUT& LID
OF THB SAID NORTH OlfB-HALF OF TBB NORTHEAST QUARTER OF SAID SECTION 9,
TO THB KORTBWBST CORlfBR OF THE BAST ONE-HALF OF THE BAST ONE-HALF OF TBB
KORTHWBST QUARTER OF THE SOtn'HWBST QUARTER OF THE NORTHEAST QUARTER OF
SAID SBCTION; TBBlfCE SOUTH ALONG THE WEST LilfB OF SAID BASI OlfB-HALI' OF
BAST OlfB-BALF OP THE NORTBWBST QUARTER OF THE SOUTHWEST QUARTER OF THB
NORTHEAST QUARTER, AND ALONG SAID WEST LilfB BXTBMDED TO A POIJfl' OF Ilfl'BR-
SBCTION WITH THB SOUTH LilfB OF WBST TUFTS AVBNUB; TBBNCB BAST ALONG THB S01JTB
LilfB OF WEST TUFTS AVBNUB TO THE POINT ON THE SOUTH LilfB OF WEST TUFTS
AVBifUB WHICH llfl'BRSBCTS WITH THB BXTBNDBD EASTERLY LilfB OF Lor 13, BBLL
ISLB GARDENS AND WHICH POINT IS THB NORTHEAST CORNER OF Lor 13, BBLL ISLB
GARDBlfS; THB!l:B SOtn'H 12 DBGRBBS 55 MINUTES EAST 351.74 FBBT; TllDCB SOVl'H
8 DJIGRBBS 15 llINtrrBS BAST 100.0 FBBT; THENCE SOUTH 08 DBGRBBS 05 llINUTBS
HST 400.4 PBBT TO A POIJfl', WRICH IS THB SOtrrBBRN 1108T POIJfl' OP LOI' 13,
BWl.t. ISLE GARDBifS; TBBlfCB NORTH 12 DBGRBBS 55 llilfUTBS HST 597. 84 FBBT,
llmB OR LBSS, TO THB SOUTBBAST CORNER OF Lor 12, BBLL ISLE GJlRDBllS;
TllBll:B SOOTH 89 DBGRBBS 47 MINUTES WBST 862.2 FEBT TO THB SOtmlWBST CORNBR
OF Lor 6, BBLL ISLE GARDBNS; THBNCB SOUTH 100.0 FBBT; THBlfCB Sotrl'B
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45 DBGRBBS 00 lllMUTES EAST 52.1 PEET; THENCE ALONG THE ARC OP A 45.0 PBBT
RADIUS CURVE TO THE RIGHI' 167.71 PEET (225 DEGREES OF ARC); TBBlfCB HORTH
20.0 FBBT, llORE OR LESS, TO THE SOtrrHEAST CORNBR OP Lor 4, BBLL ISLE GAR"'
DBHS; T~E SOtrrB 89 DBGRBES 47 llIMUTES WEST ALONG THE SOtrrB LID OP SAm
Lor 4, 333.6 PIBT TO TRI POIRT OP INTERSICTION OF THE SOtrl'B LID OP SAW
Lor 4 WITH TBB BASTBRLY RIGHT-OP-WAY LID OF THE ATCHISON, TOPBKA AID
SAlft'A PB RAILWAY; TRBlfCB NORTH 11 DEGREES 19 MINUTES BAST ALOHG SAW BASTBRLY
RIGHT-OP-WAY LID OF SAID RAILWAY 404.25 FEET TO THE NORTHWBST CORlfBR OP
Lor 1, BBLL ISLB GARDEHS; TRIJl:E OH A HORTBWESTBRLY COURSE TO TRI TRUE
POl:NT OP BBGIHHilfG: ALSO TRI FOLLOWING DESCRIBED PROPERTY LOCATED IH TBB
MORTBBAST QUARTER OP SICTIOM 9, TOWNSHIP 5 SOOTH, RANGB 68 WEST OP TBB 6TB
PRlll:IPAL llBRIDIAN: LarS 5 THROUGH 8, l:NCLUSIVB, BLOCK 1, BBLL ISLE GAR-
DBHS, SICOHD PILING, ALL IH ARAPAHOE COU:NTY, COLORADO.
BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BNGLBWOCI>,
COLORADO:
Section 1. That written petition was properly filed in accord-
ance with statute with the City Council of the City of Englewood, Colorado,
proposing the annexation to said City of Englewood of the hereinafter des-
cribed land, situate in the County of Arapahoe, State of Colorado, to-wit:
All of that portion of Sections 8 and 9, Township
5 South, Range 68 West of the 6th Principal Meridian,
that is contained in the following described bound-
aries:
Beginning at a point on the North line of the South
One-half of the Northwest Quarter of Section ·9,
Township 5 South, Range 68 West of the 6th Princi-
pal Meridian, which point is 2211.8 feet East of
the Northweat corner of said South One-half of said
Hortbweat Quarter, and on the Westerly right-of-way
line of U.S. Highway 85; thence South 11 degrees
43 ainutes West along said Right-of-way line 481.8
feet to a point, which point is the true point of
beginning; thence Korth 84 degrees 59 minutes West
508.19 feet; thence South 10 degrees 47 minutes
West 507.65 feet, more or less, to the North line
of County Road Ho. 1 (Brown Road); thence North 87
degrees 53 minutes West along the North line of
said road, 204.3 feet; thence South 82 degrees 55
llinutes West along the North line of said road
434.88 feet; thence South 83 degrees 3 minutes
West along the North line of said road 80.85 feet;
thence North 24 degrees 49 minutes West 503.03 feet;
thence South 83 degrees 3 minutes West 262.31 feet;
thence South 4 degrees 50 minutes East 309.5 feet;
thence South 21 degrees 45 minutes East along the
center line of Petersburg Ditch 190.1 feet, more
or less, to the North line of County Road No. 1
(Brown Road); thence South 57 degrees 42 minutes
West 41.57 feet to the middle of the South Platte
River;·thence Southwesterly to the Southeast corner
of the Northeast Quarter of Section 8, Township 5
South, Range 68 West of the 6th Principal M~ridian;
thence West along the South line of said Northeast
Quarter of said Section 8 to a point on said South
line which is 769 feet East of the Southwest corner
of the Southeast Quarter of the Northeast Quarter
of said Section 8; thence South 00 degrees 8 minutes
East 35 feet; thence North 89 degrees 52 minutes East
206 feet; thence South 00 degrees 8 minutes East
1287.2 feet to the South line of the Northeast
Q&iarter of the Southeast Quarter of said Section 8;
thence East along said South line of said Northeast
Quarter of said Southeast Quarter 341.7 feet to the
Southeast corner of said Northeast Quarter of the
Southeast Quarter of said Section 8; thence South
along the East line of said Section 8 to a point
594 feet North of the Southeast corner of said
lection 8; thence North 89 degrees 59 minutes East
565.9 feet to the property corner in the Southwest
Quarter of the Southwest Quarter of Section 9, Town-
ship 5 South, Range 68 West of the 6th Principal
Meridian; thence North 00 degrees 8 minutes East
1206.6 feet; thence North 27 degrees 10 minutes East
144.60 feet to property corner; thence South 85
degrees 00 minutes East along the North line of
tracts of land 988.0 feet to the Westerly rigbt-of-
way line of U. s. Highway 85; thence on a South-
easterly course 468 feet, more or less, to Northwest
tract corner on the Easterly boundary line of the
295
Atchison, Topeka and Santa Fe Railway right-of-way,
said Northwest tract corner being located 830 feet
South and 551.25 feet West of the Northeast corner
of the Southwe•t Quarter of said Section 9; thence
Bast 551.25 feet to the East line of Southwest
Quarter of said Section 9; thence North along tbe
Bast line of said Southwest Quarter of said Section
9, to a point at which said East line of said South-
west Quarter intersects with the center line of West
Layton Avenue, extended; thence East along the cen-
ter line of West Layton Avenue to a point on the
center line of West Layton Avenue extended wbicb
intersects with the Easterly right-of-way line of
City Ditch; thence Northerly along the Easterly
right-of-way line of said City Ditch, which line is
also the present city limits of the City of Englewood,
to a point at which said Easterly right-or-way line
of City Ditch intersects with the West line of Lot
44, Bell Isle Gardens; thence North along the West
line of said Lot 44 to a point, at which said West
line of Lot 44 extended intersects with the South
line of the North One-half of the Northeast Quarter
of said Section 9; thence West along the South line
of the said North One-half of the Northeast Qa&l!ter
of aa•dElec:ttoa-&.,.1 t:o .,th•h Bo~&ll1re8t e eb1ra•r o clf t ,be
Bast One-half of the East One-Ralf of the North-
west quarter of the Southwest Quarter of the North-
east Quarter of said Section; thence South along the
West line of said Bast one-half of East One-half of
the Northwest Quarter of the Southwest Quarter of
the Northeast Quarter, and along said West line ex-
tended to a point of intersection with the South
line of We•t Tuft• Avenue; thence East along the
South line of West Tufts Avenue to the point on the
South line of w .. t Tufts Avenue which intersects
with the extended Easterly line of Lot 13, Bell
Isle Gardena and which point is the Northeast cor-
ner of Lot 13, Bell Isle Gardens; thence South 12
degrees 55 llinutea Bast 351.74 feet; thence South
8 degrees 15 ainutea Bast 100.0 feet; thence South
08 degree• 05 ainutea West 400.4 feet to a point,
which is the Southern most pont of Lot 13, Bell
Isle Gardens; thence North 12 degree• 55 minutes
West 597.64 feet, more or less, to the Southeast
corner of Lot 12, Bell Isle Gardens; thence South 89
degrees 47 minutes West 662.2 feet to the Southwest
corner of Lot 6, Bell Isle Gardens; thence South
100.0 feet; thence South 45 degrees 00 minutes . East
52.1 feet; thence along the arc of a 45.0 feet radius
curve to the right 176.71 feet (225 degrees of arc);
thence North 20.0 feet, more or less, to the South-
east corner of Lot 4, Bell Isle Gardens; thence
South 89 degrees 47 minutes We&t along the South
line of said Lot 4, 333.6 feet to the point of
intersection of the South line of said Lot 4 with
the Easterly right-of-way line of the Atchison,
Topeka and Santa Fe Railway; thence North 11 de-
grees 19 minutes East along said Easterly right-
of-way line of said Railway 404.25 feet to the
Northwest corner of Lot 1, Bell Isle Gardens;
thence on a Northwesterly course to the true point
of beginning.
Also the following described property located in the
Northeast Quarter of Section 9, Township 5 South,
Range 68 West of the 6th Principal Meridian:
Lots 5 through 8, inclusive, B~ock l, Bell Isle
Gardens, Second Filing.
•
Section 2. That said petition was signed by the owners of more
than fiftf per cent (501) of the area of such territory, who also comprised
a aajority of the landowners residing in the said territory at the time the
petit,on was filed.
S•ction 3. That said petition was in all respects in conforaity
with tte provisions of Article 11, Chapter 199, Colorado Revised Statutes
1953, as Amended; that said petition was favorabl,~.·considered by the City
Council of the said City of Englewood, constituting the legislative body of
the municipality to which said territory is proposed to be annexed; that
notice of the substance of the petition, the date of signing, the number
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of peraona aignin1, a description of the territory included in the proposed
annexation, and a statement that landowners of tbe area may express their
oppoaition to the annexation and secure an election by complying with the
proviaiona of Section 139-11-4, Colorado Revised Statutes 1953, was published
purauant to atatute.
Section 4. That aaid hereinabove described parcel or parcela
of property bi, and they hereby are, declared annexed to the City of Engle-
wood, Colorado, and are hereby made a part of the said City, pursuant to
the provisions of Article 11, Chapter 139, Colorado Revised Statutes 1953,
as Amended.
Passed on First Reading by the City Council of the City of
Englewood, Colorado, this 6th day of April, A.D. 1959, and order~d published
in full in the Englewood Herald and Enterprise.
Mayor
ATTEST:
was read for the
COUNCILMAN BRAUN MOVED, COUNCILMAN MCLELLAN SECONDED, THAT THE BILL BB
PASSBD ON FIRST READING AND ORDBRBD PUBLISHED IN FULL IN THE BNGLBWO<J> HBRALD
AMI> BMTBRPRISB.
Councilman Kreiling questioned the desci·iption of the annexation.
Discussion ensued.
COU.:ILllAN GRAHAM MOVED, COUNCILMAN BRAUN SECONDED, THAT THE llATTBR
BB TABJ.tm U1'1'IL THE DESCRIPTION CAN BE CLARIFIED. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
llcLellan, Woods and Scott.
Nays: None.
Absent:None.
The Mayor declared the motion carried.
REPORT OF APPRAISAL ON LAND WEST OF SOUTH INCA DRIVE
The Acting City Manager passed the appraisal of the land North of West
Belleview Avenue and West of South Inca Drive to the members of the Council.
Councilman Braun inquired about the p r ocedure for condemnation if such
action is required. Discussion ensued. The Acting City Manager asked that
the Council take action at this meeting to prevent the owners of the land
proceeding with subdivision plans. Councilman G1 ·aham suggested that an
offer be made and instruct the Planning Commission to withhold considera-
tion of any change of status of the land until the negotiations are coapleted.
Discuasion ensued with regard to the amount of the offer.
COU.:: ILllAN BROWNBWBLL MOVBD, COUNCILMAN MCLELLAN SBCOllDBD, THAT Alf
OPl'D OP $10,750.00 BB llADB, FOR A PERia> OF TEN DAYS BNDIBG APRIL 17,
1959, FOR TU PUBCHASB OF THAT LAND WEST OP SOUTH INCA DRIVE, NORTH OP
WB8T 911 .I.BVID AVBNUB AJfD S0111'11 OF SOUTH WHITAKER DRIVE; AND Tai' TBB
PLAlflfllfG COIOl~88IOM BB DIRllCTSD TO WITHHOLD FURTHER ACTION OM AJIY SUB-
DIVISIOlf, RBZOlflNG OR Ol'HBR CHAJfGB OF LAlfD STATUS OP THIS LAJfD PBMDIXG TBB
OOTC<*B OP lfBGOl'IATIOlfS BBTWBBM TH& OWifBRS AND THE CITY. Upon the call of
the roll, the vote resulted as follows:
Ayes: Council .. n Braun, Brownewell, Martin, Graham, Rill, Kreiling,
llcLellan, Woode and Scott.
Maya : Mone.
Absent: Mone.
The Mayor declared the motion carried.
FURTHER DISCUSSION ON THE PROPOSED ANlfBXATION
cou.::ILllAlf BRAUM MOVBD, COUNCILMAN HILL SECONDED, THAT THE 11arIOX PASS-
ING THB BILL FOR AlflfBXATIOM OM FIRST READING BB RBllOVBD FROM THE TABLE. Upon
the call of the roll, the vote resulted as follows:
297
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Rill, Kreiling,
llcLellan, Woods and Scott.
Hays: None.
Absent: None.
The llayor declared the motion carried.
llr. Harry Carleno, Circulator of the petition for annexation, in-
for .. d the Council that the deacription included all of the land shown
on the 11&p of the propoaed annexation. Discussion ensued. The Mayor
thanked llr. Carleno for appearing before the Council on such abort
notice.
Tbe queation was called for. Upon tbe call of tbe roll, tbe motion
to pass the bill on firat reading, the vote resulted as follows:
Ayes: Council .. n Braun, Brownewell, llartin, Graham, Hill, Kreiling,
McLellan, Woods and Scott.
Nays: None.
Absent: None.
The Mayor declared tbe motion carried.
DISCUSSIOX OP THB USB OF WATER Lill> FOR RBCRBATIO!f
Tbe City Attorney reported that be had discussed this question of
using water land for recreation purposes with llr. Sbivera. He stated
that llr. Shivers feels strongly that the City may be attacked by a Water
Bond Bolder if coapensation i• not aade for tbe use of the land. Council-
aan arabam asked what affect of aucb an attack upon tbe City would be
and co ... nted tbat the City could then lease the land or coaply witb what-
ever require11ents aay be set forth. Discussion ensued. Tbe City Attorney
replied that use of the land without compensation would be a calculated
risk. The llayor stated that the intention is to use tbe land and to
iaprove it, which would not be a detriment to the interest of tbe bond
holders in any aanner. Tbe City Attorney requested tbat there be no
official action authorizing the use of the Water Fund land for recreation
purposes.
RBPORT OR WEST DARTMOOTR AVB!fUB RIGHl'-OF-WAY .NBGOl'IATIOIS
The Actin1 City llanager reported on the negotiations for the three
parcels of land required for the iaprovement of West Dartmouth Avenue
aa included in Paving Diatrict No. 9. He stated that two of tbe owners
would deed the required ri1bt-of-way to the City at 1ittlee or no charge
while the third aay require conde1111ation. Discussion ensued witb regard
to tbe possibility of uain1 the improvement to the street as considera-
tion for the deeding of the land to the City. The Mayor summarized the
discussion by sayin1 that it did not appear to be an equitable method of
coapensating the owner•. Be au1gested a cautious approach to the problea.
Councilaan Graba• suggeated that deeds be secured from those who were
agreeable then condemn if necessary to secure the third parcel. Dis-
cussion ensued.
COUll:ILllAlf GRAllAll llOVBD, COUI«::ILllA!f BRAUM SBCOIDBD, THAT TBB .ACTllfG
CITY llAHAGBR BB AUTHORIZBD TO SBCURB AN APPRAISAL OF THB Lill> Olf!fBD BY
llR. LllKBJOIBIL AID PROCBBD TO DGOl'IATE ... :TO SBCURB A QUIT CLAlll DBBD O!f
THE Ol'HBR OlflfBRS. Upon tbe call of the roll, the vote resulted as follows:
Ayes: Council .. n Braun, Brownewell, llartin, Graham, Hill, Kreiling,
llcLellan, Woods and Scott.
Nays: None.
Absent: None.
The llayor declared the motion carried.
COllPBNSATION TO BOARD OF ADJUSTllBNT llBllBERS FOR SPECIAL llBBTINGS
Tbe Acting City Manager reported that the charge of $15.00 for
special meeting of the Board of Adjustment as provided by Article II,
Section 7, Paragraph 5 of the Zoning Ordinance bad been established.
Be stated that the Chairman of the Board bad requested that this charge
be aade available to the meabers of the Board to offset the expenses in-
curred in a&Gending such meetings. Discussion ensued. The Acting City
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Manager remarked tbat altbou1h tbe appropriation would be over-expended,
that there would be an exactly corresponding over-collection of revenue
thereby not affecting the cash position.
COUlfCILllAM BRAUN MOVED, COUNCILMAN MARTIN SECONDED, THAT THE BOARD
OF ADJUSTllBNT llBllBBRS BB AtrrHORIZBD TO RBCBIVB COMPENSATION FOR SPECIAL
llUTINGS OF THAT BOARD IN THE AGGREGATE AMOUNT OF $15.00 PER MEETING.
Upon tbe call of tbe roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods and Scott.
Nays: None.
Absent: None.
Tbe Mayor declared tne motion carried.
AtrrHORIZING CALL FOR BIDS ON SANITARY FACILITIES IN DENNY MILLER
PARK
The Acting City Manager reported that the plans bad been completed
for tbe erection of sanitary facilities in Denny Miller Park and that
be wished authority to advertise for bids.
COUI«::ILllAN GRAHAM MOVED, COUNCILMAN BRAUN SECONDED, THAT THE ACTING
CITY llANAGBR BB AUTHORIZED TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OP
REST ROOllS IN CITY PARK AND THAT THE BIDS WILL BE RECEIVED AND OPENED BY
THE COUNCIL ON APRIL 20, 1959. Upon the call of the roll, the vote re-
sulted as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods and Scott.
Nays: None.
Absent: None.
Tbe Mayor declared the motion carried.
CONSIDERATION OF BILLS, CLAIMS AND INVOICES FOR MARCH, 1959
COUlfCILllAN BRAUN MOVED, COUNCILMAN WOODS SECO:NDED, THAT THB BILLS,
CLAIMS AND INVOICES LISTED BY THB CITY CLBRK FOR THE MOMTB OF MARCH,
1959 AND APPROVED BY THE ACTING CITY MANAGER BB ALLOWED AID PAID. Upon
tbe call of tbe roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, lla~tin, Graham, Bill, Kreiling,
McLellan, Woods and Scott.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
Of HBR MATTERS
The Acting City Manager reported that some opposition i• developing
to the location of the Dump. He stated that everything waa being done
to reduce the nuisance of the dump to a minimum.
The Mayor discussed legislation pending before both the State and
Federal bodies. The possibility of a committee of Council .. n to etudy
and analyze the bills was discussed.
Councilman Graham reported on a recent meeting of tbe leaders of tbe
suburban cities and towns with Denver Mayorality Candidate· Batterton. Be
su..arized that be bad been very favorably impressed with the candidate.
ADJOURN
COOllCILllAN BILL llOVED, COUNCILMAN KRBILING SECOMDBD, THAT TBB llDTIE
BB ADJOURNBD. Upon the call of the roll, the vote resulted as followa:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kre11111g,
McL ,llan, Woods and Scott.
Nays: None.
299
300
Absent: None.
The llayor declared the aeetin1 adjourned at 11:07 P.M.
Signed B. o. Beausang, City Clerk
Clerk of the Council
The ainutea of the aeeting of the City Council of the City
of Bnglewood, Colorado, held on the 6th day of April, 1959 A.D., stand
approved as written tbi• 4th day of May 1959, A.D.
ATl'BST:
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