HomeMy WebLinkAbout1959-12-07 (Regular) Meeting MinutesllBGULAR llBBT ING:
COUR: IL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
DBCEllBER 7, 1959
Tbe City Council of the City of Englewood, County of Arapahoe, Colorado
aet in regular ••••ion on Monday, December 7, 1959, in the Council Cbaabers,
City Ball, Bnglewood, at the hour of 8:00 P.M.
llayor Scott presiding called the meeting to order and the invocation was
given by the Reverend Frank McCall of the Saint Thomas Community Church.
The llayor asked for roll call. Upon the call of the roll, the following
persona were present:
Councilaen: Braun, Brownewell, Miles, Hill, Kreiling, Martin, Woods,
Scott.
Alao Present: City Manager Rudd,
City Attorney Bscb,
City Clerk Beausang.
Absent: Councilman llcLellan.
The Mayor declared a quorum present.
MINUTES OF PREVIOUS MEETINGS
COUR:ILllAN HILL MOVED, COUNCILMAN MARTIN SECONDBD, THAT THB llIMUTBS OP
lfOVBllBBR 21fD, NOVBllBBR 16TH, NOVBllBBR 23RD, 1959 BB APPROVED AS CORRBCTBD.
(Councilman llcLellan entered and took bis seat on the Council at 8:03 P.M.)
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
llcLellan, Woods, Scott.
Nays: None.
Abaent: None.
The Mayor declared the ilbtion carried.
HBAlllNG ON PROPOSED REZONING OF AREA RECENTLY ANNEXED TO TllB CITY
COUll::ILllAN BRAUN MOVED, COONCILllAN BROWNDELL SBCONDBD, THAT THB PUBLIC
llBAlllNG Olf THE REZONING OF THAT NEWLY ANNEXED ARBA TO THE SOUTHWEST OF THB
CITY BB OPBNBD. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
McLellan, Woods, Scott.
Nays: None.
Abeent: None.
The llayor declared the motion carried and that the public bearing was opened.
The City Manager pointed out the area to be considered by this rezoning
on a ... p and discussed the respective zones concerned.
The City Clerk then read a letter from Mr. Robert G. Cu-ings, 1500 West '.1.,
Tufts Avenue, Littleton, Colorado, endorsing a proposed rezoning of the area
concerned.
Tbe Mayor asked if there was anyone present for this 11&tter. There was
no one present. Councilman Braun stated that there bad been no opposition to
tbe propoaed zoning when it was considered by the Planning Collllission.
COUI«::ILllAN BRAUN MOVBD, COUNCILllAX HILL SBCONDBD, THAT THB PUBLIC HBAllING
ON TBB ZONING BB CLOSBD. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilaen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
llcLellan, Woods, Scott.
Nays: None.
Abaen t : None.
The Mayor declared the motion carried.
I
I
I
I
Council Minutes of December 7, 1959
Councilaan llcLellan inquir•d with regard to the court action on the area
covered by tbi• zoning. The City Attorney stated that there was no injunction
entered a1ainat the C i ty with regard to the annexation of this property and
tbat the annexation bas been completed legally.
&BQU&ST Fmt RELIEF FROll OFF-STREET PARKING REQUIREJONTS BY MR. FRITZSINGBR
llr. C. A. Fritzainger, President of the Firtz-Aire Company, 3395 South
Bannock, Englewood, expressed bis view on the Off-Street Parking Ordinance
and tbe recent lupreae Court decision relating to Denver Zoning Ordinance and
Off-Street Parking Provisions declaring portions of the same unconstitutional.
Be reviewed bis being required to purchase an additional piece of land
at tbe tiae be completed the Regal Plastic Supply Building at 3464 South
Bannock and the signing of a legal instrument restricting tbe use of tbat land
for tbe life of tbe building. He enumerated other occasions where be bad
bee• re•tricted in building plans by the need of off-street parking.
Be expressed tbe opinion that an injustice had been done to him and re-
que•ted tbat tbe Council order the City Attorney to draw releases of tbe do-
cuaents required of him by the Englewood Zoning Ordinance and that this be done
as readily as possible so that no further harm should occur.
Be stated that be was ready to stand at the call of the Council to aid
tbe City with bis help in working toward an equitable solution of the off-
s treet parking problem. ~
The llayor asked the City Attorney if he bad information relative to the
Supreae Court clediaion referred to by Mr. Fritzsinger. The City Attorney dis-
cu••ed tbla opinion stating that any Supreme Court action is subject to a re-
hearing and in any case he bad not received the full text of the bearing to
deteralne what the effect would be upon Englewood and its Zoning Ordinance.
Be •tated tbat be would secure or make reference to the Supreme Court deci-
•ion at an early d*te and inform the Council of his opinion as to the e!fect
upon the City of Englewood.
COOl«:ILllAN KllEILING llOVED, COUNCILMAN MARTIN SBCONDBD, THAT THB RKQUBST
FOR IBI·BASB OF OFF-STREET PARKING REQUIRllf ENTS AND RESTRICTIONS ON C. A.
PRITZSillGD BB IUCBIVED AND REFBRRED TO THE CITY ATI'ORNEY FOB .-COMllBNDATION.
Upon the call of the roll, the vote resulted as follows:
&yes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
llcLellan . Woods, Scott.
Nays: None.
Abeent: None.
The llayor declared the motion carried.
RBQUBST BY CHAllBER OF COllllEBCE FOR CITY PARTIC IPATIOK IN CHBil'l'llAS
LIGHTING AND RESTRICTING PARKING
llr. Robert Downing, Secretary Manager of the Englewood Chamber of Coa-
.. rce, reque•ted a contribution from the City for the Christmas Street Light-
ing and di•playa. This request was in the amount of $2,000.00.
llr. Downing also requested that the parking be eliminated for the period
i ... diately before Christmas on the two northern most angle parking spaces on
the aouttnreat corner of South Broadway and West Girard. This site would be
uaed to put up Santa's shed and thereby establishing a central point for all
custo .. ra and shoppers in the Englewood area to visit with Santa Claus.
Di•cu•aion ensued as to the estimated total cost of the Christmas decora-
tion lighting and how aacb the City should participate in this activity. The
City Manager stated that the City bas participated in the past and that last
year an amount of $1,500.00 bad bee n authorized. He stated that the 1910
Budset lnclutlea an item for this purpose although not identified as such.
The llayor re.arked that as the City was entering into a new year of
increased activity in the field of commercial development and contact be-
tween the City and the businessmen that he would recommend the authorization
of the $2,000.00 amount requested. Discussion ensued. Councilman Braun
stated tbat be would not agree to an appropriation of $2,000. Discussion
enaued. Councilaan Kreiling suggested that an appropriation of $1,750.00
be authorized. The Mayor agreed, after further discussion, that the suggested
figure i• more in line with the percentage increase of total cost over last
year and the City's participation in such.
COUl«:ILllAN llARTIN llOVED, COUNCILMAN MILES SECONDED, THAT &If AMOUNT OF
$1,750.00 BB BXP&NDBD FOR PARTICIPATION IN THE ANNUAL CHBISTllAS DECORATION BY
TBS CBAllBBB OF COIOIBBCE. Upon the call of the roll, the vote resulted as
follh•:
llinutea of Deceaber 7, 1959
Ayes: Council .. n Braun, Brownewell, Miles, Hill, Kreiling, lla.rti~,
llcLellan, Woods, Scott.
Nays: None.
Ablent: None.
Tbe llayor declared tbe 110tion carried.
COUS::ILllAJI BRAUN llOVKD, COUNCILMAN HILL SBCOMDBD, THAT RBllOVAL OP PARKING
FROM TBS TWO NORTBaK llOST SPACES ON THE SOUTHWEST COUD OP SOUTH BRO&DWAY
ARD waT GlllAaD AVDUB BB VACATED TO PROVIDE A SPACB POR SANTA'S 8BBD POB TBB
PDIOD ROii DICBDD llTH TO Dll:BllBBR 23RD. Upon tbe call of tbe roll, the
vote reaulted aa follows:
Ayes: Council11en Braun, Brownewell, Miles, Hill, Kreiling, lla.rtin,
llcLellan, Woods, Scott.
Nays: None.
Abaent: None.
Tbe llayor declared tbe motion carried.
e DaT Olf UCBNT COIUlBSPONDBll:B WITH DBNVBR TRAMWAY CORPORATION
Couacil ... n Hill asked the Chamber of ColllDerce to contact the Denver Tram-
way Corporation relative to that company's participation in improving the pav-
in1 at the site of the bus atopa. llr. Downing, Secretary llanager of the
Bn1lewood Cballber of co ... rce, stated that be bad written such a letter request-
in1 ~concrete pads be provided for the bus stops and the letter was intended
to open negotiations on this improvement.
PROCBBDINGS OF BMBD OF ADJUSTllBNT AND APPEALS OF OCEOBBR 24,
NOVBllBBB 4, NOVEMBER 10, 1959
aeaolution relating to di•po!&tion of seasonal matters
The llayor •uggested that the City Manager and City Attorney be authorized
to inveetigate thia problem and draft a resolution to provide a solution.
cou.:ILllAN BRAUN llOVBD, COUNCILMAN 2 0 MlllBLL Sll:ONDBD, THAT TBB IUEOll-
lllllDATIOlf OF THB ~RD OP ADJUSTllBNT AND APPBALS BB RBPBBBBD TO THI CITY
A'M'OUBY AllD CITY llANAGBR FOR THBIR UX:OIOIENDATIONS AND TllB DRAFTING OP A
USOLUTION TO BB ADOPTBD BY THE CITY COUNCIL. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilaen Braun, Brownewell, Miles, Hill, Kreiling, lla.rtin,
llcLellan, Woods, Scott.
Nays: None.
Abaent: None.
Tbe llayor declared the motion carried.
PROCBBDINGS OF CITY PLANNING AND ZONING COMMISSION OP NOV&llBBR 19, 1959
Re1ardin1 of .. soning of Southwest corner of Highway 70 and South
ctarliion street
The City Clerk read the following recommendation of the City Planning
and Zoning Collaission:
"That the request be denied inasmuch as the area re-
queated for rezoning is less in area than Council's
policy for rezoning which would in effect be spot
zoning and would not be in the realm of good zoning
practice for the best interest of safety and welfare
of the community."
11.r. Richard Simon, representing Mrs. Martha Coffey and llr. and Mrs.
Charles Hagle, reviewed that be bad filed a petition for rezoning of the area
in question on October Btb and that on November 4th and Noveaber 19th the
Plannin1 Collllission conducted bearings and ' as a result of the hearin19
recoa .. nded that the Council deny the request. He stated that be waa, there-
fore, approaching the City Council to exhaust the recourses available to the
owners of this land and requested a public hearing before the Council on this
aatter.
The City Attorney confirmed that this procedure was provided for in the
ordinance. Discussion ensued.
I
I
I
I
Minutes of December 7, 1959
Mr. Joe Lacy, Planning and Traffic Director, was present and reviewed
tbe action in thia caae before the Planning Commission. He informed the
Council that aa a part of the Residential Density studies included in the
develop .. nt of the llaater Plan during 1960 a specific study could be made
of tbe area under conaideration to find the best usage for that land. He
stated tbat the Planning Comllission had recommended that the Council author-
ize this study at this time.
The City Clerk read the following recommendation of the City Planning
and Zoning Commission:
"That a thorough study of the area bounded by Highway
70, South Clarkson Street, Little Dry Creek and South
Logan Street be undertaken as soon as practical and
that if additional funds are required, such funds be
made available."
COONCILllAN HILL MOVED, COUNCILMAN KREILING SECONDED, THAT A THOROUGH
STUDY OF THE AllEA BOUNDED BY HIGHWAY 70, SOUTH CLARKSON STRBBT, LITTLE DRY
CUBK AND SOUTH LOGAN STBUT BE UNDDTAKEN AS RB:OIOIBNDBD BY THB PLANNING
AND ZONING COllllISSION. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Braun, Brownewell,. Miles, Hill, Kreiling, Martin,
McLellan, Woods, Scott.
Nays: None.
Absent : None.
Tbe llayor declared the motion carried.
Mr. Lacy stated that h e estimated th e proposed study could be completed
by tbe lat of February and that the information would be available for the
second .. eting of the Council that month.
COUlfCILllAN BROWNDELL MOVED, COUNCILMAN HILL SB:ONDBD, THAT THB PUBLIC
llBARING ON THE REZONING IN THE VICINITY OF SOUTH CLARKSON STBBBT AND HIGH-
WAY 70 BB SBT FOB FEBRUARY 15, 1960 AND THAT THE LAND BE POSTED ACCORDING
TO ORDINANCE. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
llcLellan, Woods, Scott.
Nays: None.
Absent: None.
Tbe Mayor declared the motion carried and thanked Mr. Lacy and Mr. Simon
for appearing before the Council.
Relating to the Annexation South of Belleview, West o1 Broadway
Tbe City Clerk read the following recommendation of the City Planning
and zoning Coamiaaion:
I
"Tbat if the subject area is annexed to the City of
&nalewood, it be zoned for residential use in accord-
ance with the comprehensive zoning pla~ as prepared
for the entire region south of the City."
COUNCILMAN BRAUN MOVED, COONCILMAN J.CLELLAN SECONDED, THAT THE RBCOIDIBN-
DATION BE ACCBPTBD AND llB. CHARLES JOHNSON BE NOTIFIED OF THIS ACTION AND
THAT TD OTHD BQ\BDS OF NEIGHBORING COMMUNITIES AND INTD UGIONAL NATURE
BB IMn>RllBD OF THIS ACTION AND THANKED FOR THEIR COOPERATION. Upon the call
of tbe roll, the vote resulted as follows:
Ayea: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
McLellan, Woods, Scott.
Nays: None.
Absent : None.
Tbe llayor declared the motion carried.
Sanitation Commission Plan for Metropolitan Sewa2e
The City Clerk read the following recommendation of the City Planning
and Zonina Coaaission:
~2· '= ~ u
llinutes of December 7, 1959.
"Tbat the City endorse the Joint Sanitation Commission
plan for metropolitan sewage treatment diatricts and
that the Governor be notified of such ac~ion as soon as
possible.~
Tbe llayor stated that Kr. Hatfield Chilson, former Under Secretary of
the Interior, United States Government, bad drafted tentative legislation
pera ittin1 for11&tion of metropolitan sewage teeatment districts. He dis-
cuaaed aoae of the points to be included in the proposal. Councilman
Kreiling aaked if the Water and Sewer Board should be contacted with regard
to their comments on this proposed legislation? Tbe llayor agreed that this
would be proper. Discussion ensued.
COOlfCILllAlf DEILING llOVBD, COUNCILMAN MARTIN S~ONDED, THAT THE MAYOR
B& IlfSTaOCT&D TO DRAFT A LB1TD TO THB GOVBRNOR FOR THE PURPOSE OP 11'DICAT-
llfG TD PAVO& OP TBB CITY COUI«:IL RELATilfG TO THE CONCEPT OP TBB PROPOBBD
DISTRICT AllD THAT THB CITY ATTORlfBY AND SP~IAL WATBR COUlfSBL BB RBQUKS~
TO ADVIB& TR& COUI«:IL ON THB PROPOSBD LEGISLATION AND ITS BPl'BCT AND THAT
TD llATTD BB llD'BIRBD TO THB WATBR AlfD SBWBR BOARD FOR ITS STUDY. Upon tbe
call of the roll, the vote resulted as follows:
Ayea: Councilmen Braun, Brow.,ell, Miles, Hill, Kreiling, llartin,
llcLellan, Woods, Scott.
Maya : lfone.
Abeent: None.
The llayor declared the motion carried.
ae1atin1 to Quit-Clai• Deed OD South Huron Street
Tbe City Clerk read the following recommendation from the City Plannin1
and Zoning Collllission~
"Tbat the quit-claim deed for street right-of-way 30
feet in depth and 50 feet in length located in front
of 4235 South Huron Street be accepted as tendered by
llr. Robert Starkloff and llr. Carl Rehn."
COUlfCILllAlf BRAUN llOV.ID, COUNCILMAN HILL SBCONDBD, THAT TBB IUl:OIOIBIO>ATIOI
OP TBB PLANNING AND ZONING COIOIISSION BB ACCBPTBD. Upon the call of tbe roll,
tbe vote resulted aa follows:
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, llartin,
llcLellan, Woods, Scott.
Nay•: None.
Abeent : None.
The llayor declared the motion carried.
Relating to Alley Vacation east of Broadway, South of Chenango
Tbe City Clerk read the following recommendation from the City Planning
and Zoning co .. ission:
"That the alley vacation as requested by the Caltrop
Corporation be granted."
The City Manager stated that this was a stub of an alley which separated
two parcels of land owned by the aame company and that this coapany was pre-
pared to meet the costs of such vacation.
COUlfCILllAlf DBILING llOVBD, COONCILMAN llARTIN SBCONDBD, THAT TBB IUl:OllDll-
DATIOlf OP TB& CITY PLANNING AND ZONING COIOll881BN BB ACCBPTBD. Upon the call
of the roll, the vote resulted as follows:
Ayes: Council .. n Braun, Brownewell, Miles, Hill, Kreiling, llartin,
llcLellan, Woods, Scott.
Nays: None.
Abaent: None.
Tbe llayor declared the motion carried.
I
I
I
I
•
llinutea of Deceaber 7, 1959
lfOTIC• OP lllPBNDING SUIT BY RIPPLE • HOWE, IMC.
Tbe CitJ llanaser reported on the following letter which wa• mailed to
tbe Ma7or and Council .. n:
CitJ of SDslewood
Office of CitJ llanas•r
P. O. Boa 178
... lewood, Colorado
Geatl-•:
PlllAL DmlAID:
KBNNBTH A.SELBY
ATl'ORNBY AT LAW
1339 llarion St.
Denver 18, Colorado
Dec-Mr 2, 1959
Re: Ripple • Bowe, Inc.
Tbl• i• to infor• JOU that you will be served with ·aullliona and coaplalnt
ln thl• .. tter on the 20th day of December, 1959 unle•• JOUr cbeck in full of
t12,oa2.22 i• received in 11J office on or before this date.
Tbla fipre i• now offered only as a compromise sum,· inaaauch aa llJ ln-
teatlon will be to file auit for the entire contract price due •J client.
Ver1 truly JOura
. /s/ Kenneth A. SelbJ
l•
Tb• 11&1or atated that the Council bad discussed this aatter previoualJ
aDd would not take action on it at this time.
QUARTDLY POLICB RIPORTI ON LIQUOR OUTLft8
Tb• CitJ Manaser infor .. d the Council ·that they bad a cop7 of tbe 3rd
quartera depart .. ntal call• by the Police Department of tbe variou• liquor
outlet• in ... lftood.
Tbe lla1or aaked that the report be received and placed upon file.
cm••PODmE• nm STAT• DBPARTllBNT OF HBALTH RBLATI1'G TO TBllP08A&Y
SDAGB LAGOON
Tbe CitJ Manas•r read a letter from Mr. Prince, of tbe State Bealtb
Depart .. at, relatins to the operation of a sewage lasoon t7pe of diapoaal
facilltJ •bout five ail•• aoutbwest of the City of Bnslewood Water Intake.
Be located tbe aite aa beins about one mile west of the Wolburet CountrJ
Club laad.
Be atated that a copy of the letter to c. R. T., Inc., developer• in ·
tbe area bad been furniabed to the City of Englewood to adviae the CitJ
of tbe cleveloP119at of thi• .. ans of sewage treatment wbicb llisbt be potea-
tlal basard to our water ayatea.
CcmJl:ll••• WUif llOVBD, COOlfCILMAN WOODS SS::ONDBD, THAT TBB llATTa OP
A m.a. LAG0m IOUTBHIT OF THI CITY OF BNGLDOOD WATD SUPPLY BE &D'MBWD
TO ,... WATa AllD sna Bn\&D FOR THEIR IMFORllATION Alfi> ACTIOK. Upon tb•
call of tbe roll, the vote reeulted as fo~lows:
A7 .. : Couacil .. n Braun, Brownewell, Miles, Hill, Kreiling, llartin,
.,Lellan, Wooda, Scott. ·
11&7a: llone.
Ab9eat: 1'one.
Tbe .. ,or declared the motion carried.
PaGC..,lllOI OP CITY PLANNING AMI> ZONING COllllISSION OF DEWBD 3, 18a9
Tbe Ma1or aaked that the proceedings be accepted .. d placed on file.
PmOCSDlllJI OP LIBRARY BOARD BITING OF NOVBllBD 10, 1858
Tbe lla1or aaked that these minutes be received and placed on file.
RBCBSS
Tbe Ma1or called a recess of the Council until 10:20 P.M.
'
llinutes of Deceaber 7, 1959
CALL TO ORDBR
The llayor called the Council to order with the following memeberSpreaent:
Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin, llcLellan,
Woods, Scott.
Absent: None.
Tbe llayor declared a quorum present.
Introduced as • Bill by Councilman Woods
BY AUTHORITY
ORDINANCE NO. 33, SBRIBS OF 1959
AN ORDllL\NCB ADOPTING THB BUDGBT OF THB CITY OP ENGLEWOOD, COLORADO FOR THB
PI8CAL UAR 1960.
waa read for the second time.
COUMCILllAN llARTIN llOVBD, COUNCILMAN WOODS SBCONDBD, THAT ORDIHANCB NO.
33, SDl88 OP 1959, BB PASSED ON SECOND READING AND ORDBRBD PUBLISHSD IN
FULL IN TD DGLDOOD HBRALD AND BNTBRPRISB. Upon the call of the roll,
tbe vote resulted as follows:
Aye•: Council.an Braun, Brownewell, Miles, Hill, Kreiling, Martin,
llcLellan, Wooda, Scott.
Nay•: None.
Ab8en t : None.
Tbe llayor declared tbe motion carried.
Introduced aa a Bill by Councilman Brownewell
BY AUTHORITY
ORDINANCB NO. 34, SBRIBS OF 1959
AN ORDINANCE APPROPRIATING SUllS FOR ALL MUNICIPAL PURPOSES IN THB CITY OF
DGLftO<I>, COLORADO, IN TBB FISCAL YEAR BEGINNING JANUARY 1, 1960, AND
DDlllG DICDBD 31, 1960, CONSTITUTING WHAT IS TBRllBD THB ANNUAL APPRO-
PRIATION BILL FOR TBB FISCAL YEAR 1960.
waa read for the second time.
COUMCILllAN WOODS MOVED, COUMCILllAN MARTIN SBCONDBD, THAT OBD.lllANCB
RO. 34, SDIU OP 1959, BB PASSBD ON SBCOND READING AND ORDBBBD PUBLISDD
IM PULL IM TBB DGLDOOD BBRALD AND BNT)CRPRISB. Upon the call of the
roll, the vote resulted as follows:
Aye•: Councilmen Braun, Bro~newell, Miles, Hill, Kreiling, Martin,
llcLellan, Woods, Scott.
Nay•: Rone.
A been t : Mone .
Tbe llayor declared tbe motion carried.
Introduced as a Bill by Councilman Miles
BY AUTHORITY
ORDINANCE NO. 35, SBRIBS QF 1959
AN ORDillANC& a&ORGANIZING THB GOVBRIOIBNT OF THB CITY OF BNGLDOOD, COLOllADO,
PUUUAMT TO TD BOD RUL& CHARTD OF SAID CITY; ADOPTING AN ADllINISTRATIVB
PLAN PUUUANT TO TD PROVISIONS OP SAID CHARTER; PUSCRIBING DUTIBS,
SALA&IBS AND WAGU POR OPPICBRS AND BllPLOYBBS; REPEALING ALL ORDIIL\NCBS OR
PARTS OF ORDIMANCBS IN COMPLICT HBRBWITH; AND DBCLARING AN BllBRGBlfCY.
waa read for the second time.
COUll::ILllAN DIILING MOVBD, COUMCILllAN MILES SBCONDBD, THAT ORDINANCE
MO. 35, SDI88 OP 1959, 88 PASSED ON SBCOND READING AND ORDBRBD PUBLISRID
IN PULL IN TBS mfGLDOOD ll&RALD AND BNTBRPRISB. Upon the call of the roll,
the vote reaulted a• follow•:
I
•
I
I
I
Minutes of December 7, 195Y
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, llartin, McLellan,
Woods , Scott.
May•: None.
Absent: None.
Tbe llayor declared the motion carried.
Introduced as a Bill by Councilman Braun
A BILL
POR AK ORDillARCI llBZONING PORTIONS OF SECTIONS ~ AND Y, TOWNSHIP 5 SaJTB, RANGE
68 WDT OP TllB &TB PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF
ARAPAllOS, AND STAT& OF COLORADO, FROll R-1-A (RESIDENTIAL) CLASSIFICATION TO
a-1-D (alSIDBIM'IAL), M-1 (INDUSTRIAIJ, AND M-~ (INDUSTRIAL) CLASSIFICATIONS •
.
WBIRKAS, application baa been made tor the rezoning of certain property here-
inafter de•cribed fro• R-1-A (Residential) classification to R-l-D(Residential),
M-1 (lndu•trial), and M-2 (Industrial) classifications as hereinafter set forth,
and the City Planning Coaaission has recommended approval of such cbange in zon-
in1; and,
WBBR&AS, public notice has been given of such proposed rezoning by one
publication in the Englewood Herald and Enterprise, a newspaper of general circu-
lation within the Ci ty, and the official newspaper of the City, at least fifteen
(15) days before the public bearing on such rezoning, and notice of such proposed
rezonins bas been posted on the property for fifteen (15) consecutive days prior
to aucb bearing, as required by ordinance; and,
WHSRBAS, public bearing was held pursuant to the aforesaid notice by the
City Council of the City of Bnslewood in tbe Council Chambers of the City Hall,
3345 Soutb Bannock Street, Inglewood, Colorado, on tbe 7th day of December, A.D.
1959, at tbe bour of 8:00 P.M., at which hearing no persons appeared to protest
or oppoae the proposed change in zoning; and,
WBBIKAS, the public necessity, convenience, general welfare and good zoning
practice• juatify the change in zoning of the hereinafter described property
fro• 1 -1-A (leaidential) classification to R-1 -D (Residential), M-1 (Industrial),
and M-2 (Industrial) classifications as hereinafter set forth:
NOi TllBBBFORB, BB IT ORDAINED BY THE CITY COUNCIL OF THB CITY OF BNGLBWOOD,
Cm.o&ADO:
Section 1. Tbe zoning of the hereinafter described property, located within
tbe City ol Inglewood, County of Arapahoe, and State of Colorado, is hereby
changed fro• R-1-A (Residential) classification to R-1-D (Residential), M-1
(lnduatrial), and M-2 (Industrial) classifications as sbown on the map attached
bereto, tbe entire area of the property rezoned being more particularly des-
cribed aa follows:
All of tbat portion of Section 8 and 9, Township 5, South,
Range, 68 West of the 6th Principal Meridian, that is con-
tained in the following described boundaries:
Beginning at a point on the North line of the South One-
balf of the Northwest Quarter ot Section Y, Township 5
South, Banse ti8 West of the titb Principal Meridian, which
point is 2211. 8 feet Bast of the No·rtbwest corner of
said South One-half of said Northwest Quarter, and on the
We•terly right-of-way line of U.S. Highway 851 thence
South 11 degrees 43 minutes West along said right-of-way
line 481.8 feet to a point, which point is tbe true point
of beginning; thence North 84 degrees 59 minutes Weat
508.19 feet; thence South 10 degrees 47 minutes West
507.65 feet, more or leas, to the North line of County
load No. l (Brown load); thence North 87 degrees 53
llinut .. Weat along the North line of said road,204.3
feet; thence South 82 degrees 55 minutes West along the
Nortb line of a&id road 434,&I f•et; thence South 83
decree• 3 ainutea West along the North line of said road
80.85 feet; thence North 24 degrees 49 minutes West
503.03 feet; thence South H3 degrees 3 minutes West 262.31
feet; thence South 4 degrees 50 minutes Bast 309.5 feet;
thence South 21 degrees 45 minutes Bast along the center
line of Petersburg Ditch lYO.l feet, more or lesa, to the
1'orth line of County Road No. 1 (Brown Road); thence South
57 decree• 4~ minutes West 41.57 feet to the middle of the
South Platte River; thence Soutbwesterly 1·to the loatlaeaat
corner of the Northeast Quarter.1·of Section 8, Township 5
South, Range 68 Weat of the 6th Principal Meridian; thence
•
Minute• of Deceaber 7, 1959
w .. t alon1 the South line of said Northeast Quarter of
•aid Section 8 to a point on said South line which is
769. feet Bast of the Southwest corner of the Southeast
Quarter of the Northeaat Quarter of said 9ection 8:
thence South 00 degree• 8 minutes Bast 35 feet; thence
North 89 degrees 52 minutes Bast 206 feet; thence South
00 degree• 8 ainutea Baat 1287.2 feet to the South line
of the Northeaat Quarter of the Southeast Quarter of
aaid Section 8; thence Bast along said South line of
said Northeaat Quarter of said Southeast Quarter 341.7
feet to the Southeast corner of said Northeast Quarter
of the Southeaat Quarter of said Section 8; thence South
alon1 the Bast line of said Section 8 to a point 594
feet North of the Southeast corner of said Section H;
thence North 89 degrees 59 minutes Bast 565.9 feet to
the property corner in the Southwest Quarter of the
Southweat Quarter of Section 9, Township 5 South,
Ran1e 68 West of the 6th Principal Meridian; thence
North 00 degrees 8 minutes Bast 1206.6 feet; thence
North 27 degrees 10 minutes Bast 144.60 feet to pro-
perty corner; thence South 85 degrees 00 minutes
Bast along the North line of tracts ot land 988.0
feet to the Westerly right-of-way line of U.S.Higbway
85; thence on a Southeasterly course 468 feet, more
or less, to the Northwest tract corner on the Easterly
boundary line of the Atchison, fopeka and Santa Fe
Railway right-of-way, said Rorthwest tract corner
being located 830 feet South and 551.25 feet West
of the Northeast corner of the Southwest Quarter of
said Sect i on 9; thence Bast 551.25 feet to the BaHt
~~ne of Southwest Quarter of said Section 9; thence
North along the Bast line of said Southwest Quarter
of said Section 9, to a point at which said Bast line
of said Southwest Quarter intersects with the center
line of West Layton Avenue, extended; thence Bast
along the center line of West Layton Avenue to a
point on the center line of West Layton Avenue ex-
tended which 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-of-way line
61 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 Northiast Quarter of said Section
9; thence West along the South line of the said North
One-half of the Northeast Quarter of said Section 9,
to the Northwest corner of the Bast One-half of the
Bast One-half of the Northwest Quarter of the South-
west Quarter of the Northeast Quarter of said Section;
thence South along the West line of said East One-half
of Bast One-half of the Northwest Quarter of the South-
west Quarter of the Northeast Quartar,-,and along said
West line extended to a point of intersection with the
South line of Wast Tufts Avenue; Thence Bast along
the South line of West Tufts Avenue which intersects
with the extended Baaterly line of Lot 13, Bell Isle
Gardena and which point is the Northeast corner of
Lot 13, Bell Isle Gardena; thence South 12 degrees
55 minutes Bast 351.74 feet; thence South 8 degrees
15 minutes Bast 100.0 feet; thence South 08 degrees
05 minutes West 400.4 feet to a point which is the
Southern .moat point of Lot 13, Bell Isle Gardena;
thence North 12 degrees 55 minutes West 597.64 feet,
more or leas, 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 Bast 52.l 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 leas, to the Southeast corner of Lot 4,
Bell Isle Gardena; thence South 89 degrees 47 minutes
West along the SOI th line of said Lot 4, 333.6 feet
to the point of intersection of the South line of
said Lot 4 with the Baaterly right-of-way line of the
Atchiaon, Topeka and Santa Fe Railway; thence North
11 de1reea 19 ainutes Bast along said Easterly ri1bt-
of-way line of said Railway 404.25 feet to the North-
weat corner of Lot 1, Bell Isle Gardens; thence on a
Northweaterly course to the true point of beginning.
I
I
I
I
Minutes of Deceaber 7, 1959
Alao tbe following described property located in the
lfortbeaat Quarter of Section 9, Township 5 South,
8anse 88 We•t of the 6th Principal Meridian:
Lot• 5 tbroush 8, inclusive, block 1, Bell Isle Gardena,
Second Piling, all in the County of Arapahoe, State of
Colorado.
Paa••d on Pir•t Reading by the City Council of the City of Bnglewood, Colorado,
tbi• 7th day of Deceaber, A.D. 1959 and ordered published in full in the Bn1l..OOd.
S.rald and &nterpri•e.
Mayor
ATTaT:
waa read for
COOll:ILllAK BIAUN llOVBD, COUNCILMAN HILL SBCONDBD, THAT THI PROPOID BILL
U PA88D OJI PIUT UADING AND ORDBRBD PUBLISllBD IN PULL IX TBI SJGLDOCI> BULi>
ARD mn'mlPRISB. Upon the call of the roll, the vote resulted aa follOW8:
Aye•: Councilmen Braun, Brownewell, Miles, Hill, Kreilin1, llartin,
llcLellan, Wood&, Scott.
Ray•: None.
Ablent: Rone.
Tb• llayor declared the motion carried.
Introduced as a Bill by Councilman Miles
A BILL
Paa AK ORDlllA.:B APPROVING THB AlflfBXATION OF THB PROPDTY m•IILU'Tml DBSC&IBD
TO TRI CITY OP DGLDOOD, COLORADO, AND ANNEXING SAID DBICRIBD PROPDTY TO TBI
CITY OP BlfGLDOOD, COLORADO, TO-WIT: ALL THAT PORTION OP IETIORI 8 AND 9, ALL
IR TOIRIBIP 5 SOUTH RANGB 68 WBST OF THE 6TH PRINCIPAL lllRIDIAK THAT IS COlft'&IDD
I• TBB POLLOllE DUCRIBBD BOUNDARIBS: BBGINNING AT TBI ROSTDAIT CoaJmll OP TD
IOUTDAIT QUARTO OP SBCTION 8, TOWNSHIP 5 SOUTH RANGB 88 WlllT OF TD 8TH
Pal.:IPAL mlDIAlf, WHICH POINT IS ON THE PRBSBNT CITY LlllITI OP TD CITY OP
~LnOOD, COLORADO; THBNCB NORTH 00 DBG. 03 MIN. 30 SBC. BAIT 67.8 PDT;
TllSEB lfQRTH 75 DBG. 46 llIN. 30 SBC. EAST 44.l FBBT; TBDC• Wl'B 64 DE.
12 lllK. 50 smc. WSST 185.0 PBBT; THBNCB SOUTH 89 DBG. 46 llIR. to SBC. -T
1897.8 PSST; TllBJCB SOUTH 19 DBG. 52 MIN. 15 SBC. BAST 138.0 l'llft TO A POlft
ml THI lfORTH LID OP COUNTY ROt\D NO. l (WBST UNION AVBRUB); TDM:B IOUTB .04 DE.
18 llIK. 45 SBC. BAIT 80.0 FUT TO A POINT ON THB SOUTH LID OP SAID COUJITY aoAD
1'0. l (WUT Ulflmf AVDUB), WHICH POINT IS ALSO THB N<»lTllUIT comma 01' LOT 1,
BLOCK 27, OF CDTmflfIAL ACBBS, FOURTH PILllG~ THBll:B SOUTH .07 DE. 31 III•.
10 UC. mT AL01'G TBB WBST LINB OF SOUTH DBCATUR ST&Kft 1191.7 Fm TO TD
llOaTllMIT comma OP LOT 1, BLOCK 31 , OF CBNTBNNIAL ACRD, POURTH PILl1'G;
IWB SOUTH 89 DE. 43 llIN. 50 SJI:. WEST 98.85 FUT TO THI NORTllD8T cmm OP
SAID LOT l; TB.DCB SOUTH 00 DBG. 00 llIN. 10 SBC. BAST 120.0 'PDT TO TD IWl'll-
WDT comma OP SAID LOT 1, WHICH POINT IS ON THE SOUTH LID OP TBB NORTBIUT -,
QUARTa OP TBI 80UTDAST QUARTO OF SAID SBCTION 8; TllDCB SOUTH 89 DE. 43 llIB.
50 ac. mT AL01'G SAID SOUTH LINE OF TllB NORTBWBST QUARTO OP TD SOl'flm&ST
QUAnmlt800.0 PUT TO A POINT ON THE WEST LINE OP TBB SOUTBBAST QUARTO OP
SAID IDCTIOR 8, WHICH POINT IS ALSO ON THE CENTBR LID OP IOUTB PBDDAL
BCJULSYAD; TBlll:B 80UTB 00 DBG. 00 MIN. 10 SIC. BAST ALOBG TBI DST LID '1'
SAID IOUTlmAIT QUA&Ta OP SAID SJl:TION 8, 214.5 FUT; TBBICB 1'0&TH 89 mo.
43 •IR. 50 UC. BAIT 659.23 FBBT; THENCE NORTH 00 DBG. 00 1111' .. 10 IE. laT
214.5 I'm TO TBI RORTBWBST CORNER OF THE NORTBBAST QUAaTa OP TD IOUTBl•IT
QUAaTa OP TD IOUTDAST QUARTO OF SAID SJl:TION 8; 1·w• KORTH 89 om. 43
.•I•. 50 IE. BAIT ALONG TBI SOUTH LINB OF THB NOBTHWUT QUAJlTD OF TD IOUTB-
SAIT QUAaTa OP SAID SJETION 8, 74.24 FUT TO A POINT 01f TBB MIT LID OP
IOUTB Da:A'nJR 81'8DT; TllDCB NORTH .07 DBG. 31 lllN. 10 SE. BAIT 1337.3 Pm
... ca Las, TO A POI1'T ON THE NORTH LINE OF TllB SOUTBU.ST QUARTO OP SAID
UCTI09 8; TllDCB KORTH 89 DBG. 46 MIN. 40 SBC. BAST AL01'G SAID 1'08TB LID a. IOUTDUT QUARTO OP SBCTION 8, 1026.0 FEET; TBBlfCB SoVl'B 00 Im. 08 llIR.
00 IDC. BAIT 827.0 Rft; TllDCB SOUTH 89 DBG. 46 llIN. 40 SBC. HIT 217.3 Oft;
IB&llC• IOUTB 00 DmG. 04 llIN. 15 SIC. WBST 694.7 PBBT TO TBB SOUTH LID fa TBB
.. IWIT qu•aa OP TD SOUTRBAST QUARTO OF SAID S.CTIOlf 8; TlllllEB KORTH
89 Dm. 43 MIR. 50 SC.KAST ALONG SAID SOUTH LINB OP TBS BQRTll&AIT QUA&Ta °' TD IOUTDAIT QUA&TD OP SBCTION 8, 578.6 FEBT TO A POIRT mt TBI Pall8DT
CITY LllllTI OP TBI CITY OP B1'GLDOOD, COLORADO; TBBll::B 1'08TB 00 DE. 08 lllJf.
00 UC. mT 1287.2 PDT; nm.:B SOUTH 89 DBG. 52 llIN. 00 SBC. WBIT 206.0
l'DT; 1'118EB lfoaTll 00 DBG. 08 llIN. 00 SBC. WBST 35.0 PBft TO A POOT OJf TBB
BCJaTB LID 01' TD SOUTllBAIT QUARTBR OF SAID SBCTION 8; TllBICB lfOaTB 89 DE.
48 •IR. 40 IE. BAIT 550.3 PDT, llORB OR LBSS, TO TBB POUT OP BmGIDIRG,
ALL I• AaAPABm COUXTY, COLORADO.
-· ....
,,
•
Minutes of Deceaber 7, 1959
BB IT ORDAIDD BY THB CITY COUNCIL OF THB CITY OF BNGLDOOD, COLORADO:
Section 1. That written petition was properly filed in accordance
with statute wit& the City Council of the City of Englewood, Colorado, pro-
posing tbe annexation to said City of Englewood of the hereinafter described
land, situate in the County of Arapahoe, State of Colorado, to-wit:
All that portion of Section 8 and 9, all in Township
5 South, Range 68 West of the 6th Principal Meridian
that is contained in the following described boundaries:
Beginning at the Northeast corner of the Southeast
Quarter of Section 8, Township 5 South, Range 68 West
of the 8th Principal Meridian, which point is on
the present City Liaits of the City of Englewood,
Colorado; thence North 00 deg. 03 min. 30 sec.
Bast 67.8 feet; thence North 75 deg. 46 min. 30 sec •
... t 44.1 feet; thence North 64 deg. 12 min. 50 sec.
West 185.0 feet; thence South 89 deg. 46 min. 40 sec.
West 1697.8 feet; thence South 19 deg. 52 min. 15
sec. East 138.0 feet to a point on the North line of
County Road No. 1 (West Union Avenue); thence South
04 deg. 16 min. 45 sec. Bast 60.0 feet to a point
on the South line of said County Road No. l (West
Union Avenue), which point is also the Northeast
corner of Lot 1, Block 27, of Centennial Acres,
Fourth Filing; thence South 07 deg. 31 min. 10 sec.
West along the West line of South Decatur Street
1191.7 feet to the Northeast corner of Lot l, Block
31, of Centennial Acres, Fourth Filing; thence South
89 deg. 43 min. 50 sec. West 98.85 feet to the
Northwest corner of said Lot l; thence South 00 deg.
00 min. 10 sec. Bast 120.0 feet to the Southwest
corner of said Lot l, which point is on the South
line of the Northwest Quarter of the Southeast
Quarter of said Section 8; thence South 89 deg. 43
min. 50 sec., West along said South line of the
Northwest Quarter of the Southeast Quarter 600.0
feet to a point on the West line of the Southeast
Quarter of said Section 8, which point is also on
the center line of South Federal Boulevard; thence
South 00 deg. 00 min. 10 sec. East along the West
line of said Southeast Quarter of said Section 8,
214.5 feet; thence North 89 deg. 43 min. 50 sec.
Baat 659.23 feet; thence North 00 deg. 00 min. 10
sec. West 214.5 feet to the Northwest corner of the
Northeast Quarter of the Southwest Quarter of the
Southeast Quarter of said Section 8; thence North
89 deg. 43 min. 50 sec. East along the South line
of the Northwest Quarter of the Southeast Quarter
of said Section 8, 74.24 feet to a point on the
East line of South Decatur Street; thence North
07 deg. 31 min. 10 sec. East 1337.3 feet, more or
less, to a point on the North line of the Southeast
Quarter of said Section 8; thence North 89 deg.
46 min. 40 sec. East along said North line of
Southeast Quarter of Section 8, 1026.0 feet; thence
South 00 deg. 08 min. 00 sec. East 627.0 feet;
thence South 89 deg. 46 min. 40 sec. West 217.3
feet; thence South 00 deg. 04 min. 15 sec. West
694.7 feet to the South line of the Northeast
Quarter of the Southeast Quarter of said Section
8; thence North 89 deg. 43 min. 50 sec. East along
said South line of the Northeast Quarter of the
Southeast Quarter of Section 8, 578.6 feet to a
point on the present City Limits of the City of
Englewood, Colorado; thence North 00 deg. 08 min.
00 sec. West 1287.2 feet; thence South 89 deg. 52
min. 00 sec. West 206.0 feet; thence North 00 deg.
08 min. 00 sec. West 35.0 feet to a point on the
North line of the Southeast Quarter of said Section
8; thence North 89 deg. 46 min. 40 sec. East 550.3
feet, more or less, to the point of beginning.
Section 2. That said petition was signed by the owners of more than
fifty percent csoi> of the area of such territory, who also comprised a majority
of the landowners residing in the said territory at the time the petition was
filed.
I
I
I
I
Minutes of December 7, 1959
Section 3. That said petition was in all respects in conformity
with the provisions of Article 11, Chapter 139, Colorado Revised Statutes,
1953, as Amended; that said petition was favorable considered by the City
Council of the said City of Englewood, constituting the )egislative 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 of
persons signing, a description of the territory included in the proposed
annexation, and a statement that landowners of the area may express their
opposition to the annexation and secure an election by complying with the
provisions of Section 139-11-4,Colorado Revised Statutes, 1953, was pub-
lished pursuant to statute.
Section 4. That said hereinabove described parcel or parcels
of property bi i and they hereby are, declared annexed to the City of Englewood,
Colorado, and are hereby made a part of the iaid City, pursuant to the provi-
sions of Article 11, Chapter 139, Colorado Revised Statutes, 1953, as Amended.
Passed on First Reading by the City Council of the City of
Bn1lewood, Colorado, this 7th day of December, A.D. 1959, and ordered pub-
lished in full in the Englewood Herald and Enterprise.
Kay or
A'M'BST:
was read for the f i
COUNCILMAN lllLBS llOVBD, COONCILMAN MARTIN SECONDED, THAT THI PROPOSBD
BILL BB PASSBD ON FIRST RBADING AND ORDERED PUBLISHED IN FULL IN THI
BNGLBWOOD HBRALD AND ENTERPRISE. Upon the call of the roll, the vote re-
sulted as follows:
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
llcLellan, Woods, Scott.
Nays: None.
Absent: None.
The llayor declared.ithe motion carried.
RBLATING TO PAVING DISTRICT NO. 6 ASSESSMENT AGAINST LAND UNDER DBNVBR
CITY DITCH
The City Attorney read a letter addressed to Mr. Ernie Anderson, County
Treasurer, Arapahoe County, from Jack Ross, Assistant Attorney for the Denver
Water Board. A copy of this letter was mailed to the City of Englewood for
it• information. The City Attorney stated that three small parcels of land
were assessed in Paving District No. 6 under the name of Charles Jackson,
deceased, which land coincides with the Denver City Ditch easement held by
the Denver Water Board without interest in the land itself. Be stated the
opinion that the City may remove from the Paving District assessment rolls
any parcel of land under the circumstances set forth in this case. The City
of Denver clailDB that there was no benefit to the land in question and that as
it is occupied 'by the Denver City Ditch should have been exempt initially.
Discussion ensued. The City Manager exhibited the map showing the parcels
of land concerned by the assessment and proposed sale for delinquent taxes.
The lla.yor inquired if the Special Water Counsel had knowledge of the
problea. lie suggested that be be informed of the circumstances in this
aatter. Di scussion ensued. Councilman Woods inquired if it would not be
advisable for the City to buy the delinquent assessment at Tax Sale. The
City llana1er expressed the opinion that certain parcels of the Ditch right-
of-way would not be helpful to the City unless the City were able to secure
all right-of-way under the Ditch and thereby assure itself a method for
storm drainage in the future if and when the Denver City Ditch is abandoned.
The llayor directed that this matter be referred to the City Attorney
and Special Water Counsel, Mr. Mark Shivers, Jr. for action at the next
Council aeeting.
Councilman Kreiling cautioned the Council that purchasing at this time
of the delinquent tax certificates relating to these particular parcels '
would set a precedent with regard to other areas where the City Ditch pro-
perty is involved.
'
Minutes of Deceaber 7, 1959
RBSOLUTION AUTHORIZING CITY TREASURER TO INVBST CDTAIK FU1U>S
The City Clerk-T29asurer explained that the Charter provides that be be
authorized to deposit or invest all funds coming into bis poaaeaaion by re-
aolution of tbe Council. He stated that a resolution authorizing such in-
veat .. nta bad been prepared. He read the following resolution in full:
R B S 0 L U T I 0 N
WHRBKAS, Section 98 G of the Charter of the City of Bnglewood, a
municipal corporation of the State of Colorado, adopted by virtue of Article
XX of tbe Con•titution of the State of Colorado, provide• as follow•:
"Powers and Duties --The City Treasurer, under jurisdiction of
tbe City Manager, shall have charge of administration of the
financial affairs of tbe City and to that end he shall bave
authority and •ball be required to:
"G. Rave custody of all public funds beloniing
to or under the control of the City, or any
office, department or agency of the City
Govern .. nt, and deposit or invest all funds
coaing into bis bands as shall be designated
by resolution of the Council, subject to the
requirements of law as to surety and payaent
of interest on deposits or investments. All
interest shall be the property of the City and
aball be accounted for and credited to the
proper account;" and,
WHS•RAS, the City Treasurer has from time to time various funds of
tbe City of Bnglewood available for deposit or investment; and,
W,,..RAI, tbe City Treasurer has requested direction as to the deposit
and inveat .. nt of aaid funds:
NOlr THSllP'Olll:, BB IT RBSOLVBD by the City Council of the City of
aglewood, Colorado, this -7th day of December, 1959, that B. O. Beausaag,
City Treaaurer, be and hereby is authorized and directed to ~eposit or
iave•t all funcla coaing into bis hands in such bonds, obligations and
depoaitari•• aa are designated by Article l of Chapter 83 of the Colorado
leviaed ll&atut .. , 1953, as amended.
COUll:ILllAK WOODS KOVBD, COUNCILMAN MCLELLAN SBCONDBD, THAT TllB llBSO-
LUTIOK RSLATI1'G TO THB INVBSTllBNT OF CITY FUNDS BE APPROVBD. Upon the call
of the roll, the vote resulted as follows:
Ayea: Councilaen Braun, Brownewell, Miles, Hill, Kreiling, llartin,
llcLellan, Woods, Scott.
Raya: None.
Ament: Jfone.
Tbe Mayor declared the motion carried.
The City Clerk-Treasurer also presented a resol&6ion eatablish,ag .tbat
be, B. o. Beau•ang, was the City Clerk-Treasurer and is authorized to ~ssue
inatructiona relating to control of securities in safekeeping accounts.
The reaolution as follows was read in full:
R B S 0 L U T I 0 N
WH&RRAS, the Charter of the City of Engle'10od, a municipal corporation
of tbe State of Colorado, adopted pursuant to the provisions of Article XX
of the Con•titution of the State of Colorado, provides in Section 19 as
follows:
"The Council --The legislative affairs of the City shall be
ve•t•d in a Council consisting of seven councilmen, one to be
elected fro• each of four districts and the remaining three
to be elected at large;" and,
WHSRKAS, said Charter provides in Section 98G as follows:
"F ;wers and Duties --The City Treasurer, under juriadiction of the
City Manager, shall have Charge of administration of the financial
affairs of the City and to that end he shall have authority and
shall be required to:
I
I
I
I
Minutes of December 7, 1959
"G. Have custody of all public funds belonging to or under
the control of the City, or any office, department or
agency of the City Government, and deposit or invest
all funds coming into his bands as shall be designated
by resolution of Council, subject to the requirements
of law as to surety and payment of interest on deposits
or investments. All interest shall be the property of
the City and shall be accounted for and credited to the
proper account."
NOi, THBRBFORB, BB IT RESOLVED by the City Council of the City of
&n1lewood, Colorado, this 7th day of December, 1959, that B. o. Beausang,
City Treasurer of said City be and hereby is autqorized and directed to
issue aucb instructions in writing from time to time as may be necessary
with reference to control of the securities in safekeeping account, held
in j oint custody by a depository, and the Tr•asurer of the City of Englewood,
Colorado.
COUICILllAN BRAUN llOVED, COUNCILMAN ltl:LELLAN SECONDED, THAT THE RESOLUTION
DBSIGNATilfG THB CITY TREASURER AND AUTHORIZING HIM TO ACT ON BEHALF OF THB
CITY IN BSTABLISHING SAFEKBBPING AND ESCROW ACCOUNTS BE APPROVED. Upon the
call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
llcLellan, Woods, Scott.
Nays: None.
A been t : None.
The llayor declared the motion carried.
RBLATllfG TO COORT HEARING IN BLUE RIVER SOUTH PLATTE WATBR CONSERVANCY
DISTRICT
The City Attorney reported that he had received a notice of bearing re-
lating to the disolution of the Blue River-South Platte Water Conservancy
District whereby all persons having claims against the District were to file
on or before January 4, 1960. He discussed the factors involved stating
that Bn1lewood bad been excluded originally and its residents not taxed,
therefore, be bad assumed that the City had no claim in this matter. He
recolllllended that the matter be referred to the Special Water Counsel for
review.
The Mayor directed the item to be referred to Mr. Shivers, Special
Water Counael, for review and action at the December 21st meeting of the
City Council.
ASSESSMENTS IN DEFAULTED DISTRICTS
A recent quiet title suit involving several defaulted special districts
within Englewood bad been referred to the City Attorney and he reported that
the City could only protect those special assessments by redeeming the gen-
eral property taxes against those parcels of land. He reviewed that the
general procedure in these matters is to recognize that there is a greater
public interest in having the property back on the general tax rolls than
to allow interest and penalties to build up indefinitely. He also remarked
that these various districts had been declared defunct by Court Order in 1950.
The City Attorney, therefore, expressed the opinion that the City
Treaau~•r would not be able to buy general property tax liens in order to
protect the special assessments levied by the now defunct districts. He
suggested that the City take no action on the quiet title suits.
COUNCILMAN BROWNEWBLL MOVED, COUNCILMAN MARTIN SECONDED, THAT THB RICOll-
llBNDATION OF THB CITY ATTORNEY BE ACCEPTED RELATING TO QUIET TITLE SUITS
INVOLVING THE CITY OF ENGLEWOOD AND SPECIAL DISTRICTS THBRBOF WHERBBY THB CITY
WOOLD NOT ANSWER NOTICES OF SUCH ACTION AND THAT THB CITY ATTORNEY INVESTIGATE
THB STA11JS OF THE RBllAINING FUNDS IN THE DEFUNCT IMPROVEllBNT DISTRICTS. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin ,
McLellan, Woods, Scott.
Nays: None.
Absent: None.
The llayor declared the motion carried.
PROPOSED BILL RELATING TO RULES AND PROCEDURES OF THE COUNCIL MEETINGS
The City Attorney stated that he had drafted a ten&ative ordinance set-
ting forth rules and regulations for the conduct .of the Council meetings.
He presented the bill to the Council for their study and suggested that the
procedures be adopted by ordinance shortly after the first of the year.
Minutes of December 7, 1959
RELATING TO RIGHT-OF-WAY FOR HAMPDEN AVENUE-SANTA FE DRIVE
SEPARATION PROJECT
The City Manager informed the Council that there were two small parcels
of City owned land which when necesE11ry for the improvement of the intersec-
tion of Haapden Avenue with Santa Be Drive. He showed a map to the Council
which indicated two parcels of land which the State H~ghway Commission needed
for thi• iaprovement. He informed the Council that the consideration for
this land was $10.00.
COUNCILMAN BRAUN llOVED, COONCILMAN MILES SECONDED, THAT THI GRANT OF
RIGHT-OF-WAY TO THB DBPARTllBNT OF HIGHWAYS, STATE OF COLORADO, FOR USB IN
TBS BAllPDBJf-SANTA FE DRIVE SEPARATION PROJECT FOR THE CONSIDBRATION OF $10.00
B& APPROVED. Upon the call of the roll, the vote resulted as fol·lows:
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
llcLellan, Woods, Scott.
Nays: None.
Absent: None.
The llayor declared the motion carried.
RBCOllMENDBD 1960 PAVING PROGRAM
The City Manager discussed the proposed and recommended Paving Program
for 1960 with the Council. He enumerated the following streets as being
included in the recommended Paving Program:
PETITION
NO.
3
4
6
7
9
10
11
13
22
23
27
28
31
35
37 ..... belol6
42
43
44
45
46
49
54
55
37
SCOPE
VALID PBTITIOKS
South Jason Street, Mansfield to Nassau
South Galapago Street, Floyd to Eastman
South Inca Street, Stanford to tufts
South Washington St., Bates to Cornell
South Delaware Street, OXford to Prinaton
West Kanyon Avenue, Fox to Inca
Alley between Acoma and Bannock, Dartmouth
to Eastman (concrete)
South Kalamath St., Stanford Ave. to
Stanford Place
Weat Stanford Place, Stanford Drive to
Kalama.th
(If filed soon in connection with proposed
re-sub of Colman Subdivision)
South Logan St., Union to Layton
South Inca Dr., Whitaker Dr. to Belleview
South Washington St., Quincy to Radcliff
South Corona Street, Girard to Hampden
South Elati Street, Nassau to OXford
Baat Girard Avenue, Corona to Downing
Baat Eastman Avenue, Emerson to Corona
South Pennsylvania St. ,Cornell North 150'
South Kalamath St., Quincy to Radeliff
West Radcliff Avenue, Kalamath to Lipan
Bast Girard Avenue, Logan to Clarkson
South Lincoln St., Radcliff to Stanford
South Fox Street, Princeton to Quincy
West Stanford Avenue, Huron to Lipan
South Lipan Street, Quincy to Radcliff
Alley between Broadway and Acoma, Male
to Amherst (Concrete)
South Lincoln Street, Naaaau to Oxford
CITY COUNCIL DESIGNATIONS
RISlblNfiAL
East Eastman Avenue, Corona to Downing
COMllBRCIAL AND ARTERIAL
Bast Floyd Avenue, Broadway to Logan
Bast Girard Avenue, Broadway to Logan
Bast Hampden Avenue, Broadway to Lafayette
West Hampden Avenue, Broadway to Bannock
South Lincoln Street, Eastman to Girard
South Acoma Street, Eastman to Floyd
USIDDTIAL or
ARTBBIAL or
COIOIBJK:IAL
Reaidential
Reaidential
Reaidential
Re•idential
Residential
Arterial and Reaidential
Alley
Residential
Arterial
Residential
Residential
Reaidential
Reaidential
Residential
Reaidential
Residential
Reaidential
Reaidential
Residential
Arterial
Residential
Residential
Alley
-ldential
Residential
Commercial
Commercial
Commercial
Commercial
co ... rcial
Commercial
and Arterial
and Arterial
and Arterial
and Arterial
and Residential
South Downing Street, Hampden to Highway
Baat OXford Avenue, Broadway to Lincoln
Baat Quincy Avenue, Broadway to Lincoln
Bast Radcliff Avenue, Broadway to Lincoln
#70 Arterial
co ... rcial
Commercial
Commercial
and Arterial
and Arterial
and a.aidential
I
I
I
I
•
Minutes of December 7, 1959
He discussed the various areas included in the proposed program where
additional street right-of-way would be necessary. He discussed the impro-
vement of West Kenpon Avenue from Fox to Inca which improvement is made
difficult l>y an irrigation ditch carrying one-half inch water within the
street right-of-way. He discussed the possibility of acquiring t ·hat right
and thereby closing the ditch.
COUNCILMAN BRAUN MOVED, COUNCILMAN MILES SliX:ONDBD, THAT THB CITY llANAGBB
ea AUTHORIZED TO N&GOTIATE FOR THE SliX:URING OF THE WATER RIGHTS BBIMG CARRIED
IN A Dl'n:H IN WBST KENYON AVENUE WITH THE HELP AND ADVIGB OF TBB SPEIAL
WATER COUNSEL. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
•cLellan, Woods, Scott.
Nays: None.
Abaent: None.
The llayor declared the motion carried.
The City Manager discussed approaches he had made with other owners
holding land which is required for right-of-way, he asked that a policy be
established for making offers to these people. Discussion ensued.
cou.:ILllAK BRAUN MOVBD, COUNCILMAN KREILING SBCONDBD, THAT TBB CITY
llAlfAGD BB DIRETBD TO NBGOTIATE WITH THE VARIOUS PROPDTY OWKBU WITH RBGARD
TO SEURilfG TBB RIGHT-OF-WAY FOR THE STREET IMPROVBllBNTS AT TBB BASIS OF
$2.00 PBR LINEAL FOOT. Upon the call of the roll, the vote resulted as
follows:
A7es: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
McLellan, Woods, Scott.
Nays: None.
Abaent: None.
The llayor declared the motion carried.
ll&LATIKG TO llKKBWAL OF CONTRACT FOR DISPOSAL OF GARBAGB AND TRASH
The City Manager discussed the cooperative agreement between the County
of Arapaboe, tbe City of Littleton, the City of Englewood whereby a single
trash disposal unit is being operated for the benefit of all three governments.
Be stated that negotiations will begin soon with regard to renewal of these
contracts.
The City llanager discussed the Garbage Disposal Contract with llr.
Willia• Cooter, which presently is based upon the rate of $1,600.00 per
11e>nth. lie remarked that undoubtedly Mr. Conter will seek a higher rate
for renewal of this contract but that the City Manager was prepared to enter
into serious negotiation before recommending any higher monthly. rate to the
Council.
ll&LATING TO EX-=UTIVE DIR.JiX:TOR OF CARED SERVICE BOARD
The City Manager announced that Mr. Miles Reznik bad been secured by
the Career Service co .. ission as its Executive Secretary and that be would
be quartered at the School Administration Building at 3000 South Bannock.
Discussion ensued .
llBLATING TO FINANCIAL POSITION OF THE CITY
The City Manager informed the Council that receipts in the General Fund
have slightly exceeded estimates and that expenditures have been held below
Budget appropriations which have provided sufficient funds so that the City
paving asaeaa .. nt for the paving round the City Park, the overage in the
C i ty'• share of the Paving District No. 9, and the balance of the sum due to
the State Highway Commission for the South Broadway widening project will be
paid fro• these 11e>nies within the 1959 fiscal period.
COllSID&RATION OF BILLS, CLAIMS, AND INVOICES FOR TBB llOMTB
OF NOVEMBER, 1959
COUNCILllAK BROWNBWBLL MOVED, COUNCILMAN MCLELLAN SEONDm>, THAT TBB BILLS,
CLAillS, ARD IlfVOICBS LISTED BY THE CITY CLERK FOR TBB MONTH OF lfOVBllBD, 1959,
AD APPROVBD BY TllB CITY llANAGBR BE ALLOWED AND PAID. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
llcLellan, Woods, Scott.
~
Minutes of December 7, 1959
Nays: None.
Absent : None.
Tbe llayor declared the motion carried.
RBLATING TO PROPOSED METROPOLITAN SALES TAX
The llayor reported that Mayor Batterton of Denver bad proposed a single
uniform levy of ~ City Sales Tax for the Denver Metropolitan Area. Tbis
aubllequently bad evolved into a county local option proposal whereby each
of the countiea could enact a Sales Tax. He stated that Englewood is on re-
cord as supporting enabling legislation only at a county level with a pro-
portion returning to the City Lf the City also acts on the aeasure and that
the City would collect its shai·e of the levy from the county. Be stated
that tbe City Attorney bad a copy of the proposed legislation which be was
reviewing.
OTHER MATTERS
Belatinf to Visibility of Motor Vehicle Operations at Baapden .and
south L DCOlD
Council.an Hill stated that be had noticed a serious visibility prob-
le• at Baapden and South Lincoln occasioned by an outdoor advertising sign.
Tbe llayor asked the City Manager to contact the Building Inspector rel•ting
to the granting of a sign permit at that intersection and to investigate the
general hazard.
llelatin1 to Application at Hildas Cafe
Councilman llcLellan reported incidents relative to individuals oppos-
ing the ieauance of a Liquor License to Walter Brom, at 4386 South Broadway
db& Hilda• Cafe.
Relating to Traaway Rate Increase
Councilman Kreiling reported that the Tramway rate increase bearing for
Public Utility Commission would be on December 18th. The Mayor requested
that a repreaentative from the City be present at this bearing. lie inquired
of Councilman Kreiling if he would be able to check with the Colorado Muni~
cipal Le&KUe to see if they bad an interest in the problem. No action
officially taken on this matter.
ADJOURN
COURCILllAN BRAUN MOVED, COUNCILMAN HILL SECONDED, THAT THB llBBTING BB
ADJOUlllfBD. Upon the call of the roll, the vote resulted as follows: ·
Ayes: Councilmen Braun, Brownewell, Miles, Hill, Kreiling, Martin,
McLellan, Woods, Scott.
Nays: None.
Absent: None.
The llayor declared the meeting adjourned at 12:30 A.M.
/s/ B. 0. Beausang
City Clerk-Treasurer
Clerk of the Council
Tbe minutes of the meeting of the City Council of the City of Englewood,
Colorado, held on the 7th day of December, 1959 A.D. stand approved as written
this 4th day of January, 1960 A.D.
I
I
I